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4. <br />THAT MRS. CRUZE HAS BEEN THERE FOR MANY YEARS DOING THE SAME THING, <br />ONLY NOT AS SUCCESSFULLY AS NOW. HE FELT THAT EVERYTHING THAT HAS TAKEN <br />PLACE IN THE AREA HAS BEEN AN IMPROVEMENT, AND HE HAD HOPED THESE <br />DIFFERENCES WOULD RESOLVE THEMSELVES, BUT THEY DID NOT, <br />COMMISSIONER SCHMUCKER AGREED THAT THE ACCESS TO THE WASHBURN <br />PROPERTY IS NOT REALLY FROM THE DRAINAGE DISTRICT RIGHT-OF-WAY. <br />ATTORNEY SULLIVAN FELT THAT IS WHERE A LOT OF THE PROBLEM LIES. <br />HE INFORMED THE BOARD THAT MRS. CRUZE MAINTAINED THAT ACCESS FOR MANY <br />YEARS, BUT SHE NO LONGER DOES. HE STATED THAT MR. WASHBURN'S LEGAL <br />ACCESS TO HIS PROPERTY IS FROM THE -WEST, <br />COMMISSIONER SI*EBERT ASKED WHETHER MRS. CRUZE HAS AN OCCUPATIONAL <br />LICENSE, AND SHE ANSWERED THAT SHE DOES AND HAS HAD FOR THE LAST FIVE <br />OR SIX YEARS. ; <br />COMMISSIONER Loy NOTED THAT ATTORNEY SULLIVAN REFERRED TO A <br />NON -CONFORMING ACTIVITY AND ASKED IF HE FELT A NON -CONFORMING USE SHOULD <br />BE ALLOWED TO EXPAND INDEFINITELY. <br />ATTORNEY SULLIVAN STATED THAT HE PERSONALLY DID NOT, BUT POINTED <br />OUT THAT YOU ARE DEALING WITH A GROUND AREA WHICH HAS NOT BEEN EXPANDED; <br />THERE ARE JUST MORE ITEMS CONCENTRATED WITHIN THIS AREA. HE FELT THE <br />ACTUAL TEST OF THE NON -CONFORMING USE IS THE ACTUAL VOLUME OF LAND, <br />ATTORNEY O'NEILL STATED THAT THE PLANTS HAVE NOW BEEN EXPANDED <br />TO THE OTHER SIDE OF THE ROAD ON DRAINAGE DISTRICT PROPERTY, AND HE, THERE- <br />FORE, FELT THE LAND AREA OF THE NURSERY HAS BEEN EXPANDED SUBSTANTIALLY <br />AS WELL AS THE NATURE OF THE BUSINESS. <br />ATTORNEY SULLIVAN STATED THAT THERE ARE NO POTS REMAINING ON <br />DRAINAGE DISTRICT LAND AS THEY WERE MOVED AT THE REQUEST OF THE DISTRICT. <br />ATTORNEY O'HEILL PRESENTED THE BOARD WITH PICTURES TAKEN THIS <br />MORNING SHOWING PLANTS ON THE DRAINAGE DISTRICT PROPERTY. <br />ATTORNEY COLLINS COMMENTED THAT HE FELT IT HAS BEEN ESTABLISHED <br />THAT THE NURSERY DID EXIST BEFORE THE ZONING REGULATIONS AND IT WOULD, <br />THEREFORE, BE A NON -CONFORMING USE. HE CONTINUED THAT IF THE VOLUME OF <br />ACTIVITY HAS BEEN EXPANDED OR INTENSIFIED WITHIN THE SAME AREA, THAT WOULD <br />NOT BE A VIOLATION, BUT A CHANGE IN THE MODE OF OPERATION WOULD BE. <br />Box 33 � Uf <br />