Laserfiche WebLink
CHAIRMAN WODTKE NOTED THAT ATTORNEY O`NEIL- SAYS IF MRS, <br />CRUZE DOES NOT IMPORT PLANTS, THEY WILL BE VERY WILLING TO SETTLE <br />THE MATTER, BUT ATTORNEY SULLIVAN IS SAYING SHE IS GOING TO CONTINUE <br />TO IMPORT PLANTS, <br />ATTORNEY SULLIVAN REITERATED THAT IF THE BOARD FEELS MRS, <br />CRUZE IS VIOLATING THE LAW, THEY SHOULD DO SOMETHING ABOUT IT, BUT <br />HE DOES NOT FEEL THAT THEY CAN DO ANYTHING ABOUT HER IMPORTING ON <br />A 70/30 BASIS. <br />ATTORNEY O`NEILL POINTED OUT THAT THE COUNTY ORDINANCE <br />PROVIDES THAT A NON -CONFORMING USE CANNOT BE EXPANDED OR ALTERED. <br />HE CONTINUED THAT IN REGARD TO THE STATEMENTS OBTAINED FROM PEOPLE <br />IN THE NEIGHBORHOOD, MR. WASHBURN HAPPENS TO BE THE ONLY ONE ADJACENT <br />TO THIS COMMERCIAL ENTERPRISE, WHICH IS CUT OFF ON ALL OTHER SIDES <br />FROM THE SURROUNDING PROPERTY, ATTORNEY O`NEILL.STATED THAT IN HIS <br />OPINION, IF MRS. CRUZE CONTINUES TO IMPORT PLANTS, IT IS A VIOLATION <br />OF THE ZONING ORDINANCE, AND IF SHE WILL NOT DESIST, HE REQUESTS THAT <br />THE BOARD ENFORCE THE ZONING ORDINANCE. <br />ATTORNEY SULLIVAN STATED IT IS DIFFICULT TO UNDERSTAND HOW <br />THIS COULD BE A PROBLEM AS MRS, CRUZE HAS BETWEEN 20-25,000 PLANTS <br />ON THIS PROPERTY, AND 10% MORE OR LESS WILL MAKE LITTLE OR NO DIF- <br />FERENCE. HE FURTHER NOTED THAT THERE IS NO PRACTICAL WAY TO ENFORCE <br />THIS PROVISION, AND POINTED OUT THAT MRS. CRUZE HAS CLEANED UP ALL <br />THE THINGS THERE THAT POSSIBLY COULD BE OFFENSIVE. <br />COMMISSIONER SIEBERT STATED THAT, UNFORTUNATELY, THIS <br />MATTER MAY HAVE TO END UP IN THE COURTS IF A SOLUTION CANNOT BE <br />REACHED BETWEEN THE ATTORNEYS. <br />CHAIRMAN WODTKE WISHED TO MAKE IT CLEAR THAT THIS BOARD <br />WAS REQUESTED BY THE ADMINISTRATOR TO DISCUSS THIS MATTER AND HAS' <br />TRIED TO GIVE THE ATTORNEYS AN OPPORTUNITY TO WORK THIS MATTER OUT, <br />BUT THE.BOARD WILL TAKE WHATEVER ACTION IS NECESSARY. HE POINTED <br />OUT THAT WE HAVE HAD MANY PROBLEMS OVER THE YEARS WITH FRUIT STANDS, <br />PEOPLE GROWING VEGETABLES, ETC, <br />ATTORNEY COLLINS ASKED ATTORNEY O`NEILL IF HE HAS BEEN <br />ABLE TO ESTABLISH WHETHER MRS. CRUZE WAS IMPORTING PLANTS IN 19581 <br />30 <br />FEB 221978 <br />BOOK 34 PAGE •�i� <br />