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1/4/1978
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1/4/1978
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7/23/2015 11:40:06 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
01/04/1978
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L -I <br />CHAIRMAN WODTKE EXPRESSED CONCERN WITH THE GREAT INTENSIFICA- <br />TION OF THIS ENTERPRISE IN A RESIDENTIAL AREA. <br />COMMISSIONER SCHMUCKER ASKED IF THERE HAVE BEEN ANY OBJECTIONS <br />FROM ANY OF THE OTHER PROPERTY OWNERS IN THIS AREA, AND ZONING DIRECTOR <br />WALKER AND ADMINISTRATOR .JENNINGS STATED THAT THEY HAVE NOT RECEIVED ANY <br />OTHER COMPLAINTS, <br />COMMISSIONER SIEBERT FELT THE TESTIMONY PRESENTED DEFINITELY <br />POINTS OUT THAT THIS WAS A NON-COMMERCIAL NURSERY THAT HAS GROWN TO A <br />COMMERCIAL OPERATION IN A RESIDENTIAL ZONE AND THAT THERE ALSO HAS BEEN <br />A CHANGE OF MODE, HI= WAS CONCERNED ABOUT SETTING A PRECEDENT IF THIS IS <br />ALLOWED, <br />CHAIRMAN WODTKE STATED THE EXPANSION HE IS CONCERNED ABOUT IS <br />THE BRINGING IN OF ADDITIONAL ITEMS THAT ARE NOT SOMETHING GR0WN ON THE <br />PROPERTY, AND ATTORNEY COLLINS AGREED THE FACT THAT !"IRS, CRUZE IS SELLING <br />OTHER PRODUCTS LINES IS A FACTOR THAT GOES AGAINST ANY NONCONFORMING <br />RIGHTS SHE MAY HAVE, <br />DISCUSSION CONTINUED IN REGARD TO ANY EVIDENCE MRS, CRUZE <br />MIGHT BE ABLE TO PRESENT ESTABLISHING THIS AS A COMMERCIAL OPERATION IN <br />1951, <br />COMMISSIONER SCHMUCKER AGAIN BROUGHT UP THE MATTER OF THE <br />ACCESS PROBLEM, AND ATTORNEY COLLINS POINTED OUT THAT IS NOT THE MATTER <br />BEFORE THE BOARD. <br />COMMISSIONER LOY AGREED, BUT FELT IT HAS A DEFINITE BEARING <br />ON THE MATTER. SHE CONTINUED THAT THERE USED TO BE A WAY TO GET ACROSS <br />THE CRUZE PROPERTY INTO THE WASHBURN PROPERTY, BUT NOVI THAT IS BLOCKED <br />BY A "No TRESPASSING" SIGN, COMMISSIONER LOY FELT THAT AN OPERATION THAT <br />IS THIS SUCCESSFUL COULD CERTAINLY MAKE A PROPER ENTRANCE SO THE WASHBURNS <br />COULD GET TO THEIR HOME AND NOT HAVE THEIR VISITORS INCONVENIENCED. SHE <br />DID AGREE THAT BY THE LETTER OF THE LAW, THE NURSERY IS A NON -CONFORMING <br />USE. <br />COMMISSIONER SIEBERT READ FROM THE AMERICAN LAW OF ZONING, <br />WHICH STATES THAT THE ADDITION OF A NEN! PRODUCT IS NOT A RIGHT OF A NON- <br />CONFORMING USE, I,E, ADDING READI-MIX TO A SAND AND GRAVEL BUSINESS, <br />HE DID NOT FEEL THERE IS ANY DOUBT THAT THE NURSERY IS IN VIOLATION, <br />10 <br />JAN 4 197 � ' r� <br />BOOK vJ fn -EL' <br />
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