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3 <br />w <br />r. <br />CONTINUING USE IS PERMISSIBLE. IN OTHER WORDS NEW STRUCTURES CAN- <br />NOT BE BUILT OR NEW PRODUCT LINES ADDED, BUT AS LONG AS THE PERSON <br />IS JUST DOING MORE OF WHAT THEY WERE DOING WHEN THE NON -CONFORMITY <br />BEGAN, THAT IS PERMISSIBLE. ATTORNEY COLLINS CONTINUED THAT THERE <br />WERE CLEARLY VIOLATIONS)AND THESE HAVE NOW BEEN CLEARED UP. HE <br />NOTED THAT PARS. CRUZE IS PROBABLY STILL SELLING FERTILIZER, BUT IT <br />IS INSIDE AND OUT OF SIGHT, AND HE FELT THIS -IS BORDERLINE AS TO <br />WHETHER IT IS A VIOLATION OR NOT. ATTORNEY COLLINS FELT HE COULD <br />ADVISE THE BOARD THAT A GREAT DEAL OF WHAT MRS. CRUZE IS DOING COMES <br />UNDER AN INTENSIFICATION OF A PRIOR NON -CONFORMITY, AND HE DOES NOT <br />FEEL IF WE TOOK THE MATTER TO COURT, THE BOARD WOULD BE SUCCESSFUL <br />UNDER THE CURRENT SET OF CIRCUMSTANCES; THOUGH THEY MAY WELL HAVE <br />BEEN SUCCESSFUL IF THE CIRCUMSTANCES EXISTING THREE MONTHS AGO <br />EXISTED NOW. THE ATTORNEY NOTED THAT HE ALSO TOOK INTO CONSIDERA- <br />TION THE FACT THAT THE COMPLAINANT HAS CERTAIN RELATIONSHIP PROBLEMS <br />WITH MRS. CRUZE. <br />ADMINISTRATOR .KENNINGS CONCURRED WITH ATTORNEY COLLINS' <br />STATEMENTS, AND NOTED THAT FOR SEVERAL YEARS HE TRIED TO RESOLVE <br />THE CONFLICT BETWEEN THESE PEOPLE. HE ALSO FELT THAT A LOT OF <br />CHANGES HAVE BEEN MADE BY MRS. CRUZE SINCE THIS MATTER HAS BEEN <br />BROUGHT BEFORE THE BOARD AND THAT THE OPERATION IS NOW ENTIRELY <br />WITHIN THE PROPERTY LINES OF THE LAND OWNED BY MRS. CRUZE, THE <br />ADMINISTRATOR POINTED OUT THAT THE COMPLAINANT STILL HAS THE RIGHT <br />TO TAKE THIS MATTER TO COURT IF HE DESIRES. <br />COMMISSIONER SIEBERT FELT THE ATTORNEY DID AN EXCELLENT <br />JOB OF EXPLAINING THE SITUATION AND STATED HE PERSONALLY WOULD BE <br />SATISFIED TO SAY THAT THE WHOLESALE AND RETAIL SALE OF PLANTS IS <br />A NON -CONFORMING USE OF THE PROPERTY, BUT THE ADDITION OF NEW PRODUCTS <br />LINES IS AN EXPANSION. HE DID NOT FEEL WE SHOULD TAKE ANY LEGAL <br />ACTION UNLESS MRS. CRUZE RESISTS THE BOARD'S RECOMMENDATIONS AND <br />CONTINUES TO SELL NEW PRODUCT LINES. <br />CHAIRMAN WODTKE STATED THAT HE WILL CERTAINLY ACCEPT THE <br />LEGAL DECISION OF ATTORNEY COLLINS AND THE CONCURRENCE OF THE <br />17 <br />MAR. 2 2 1978 <br />138 <br />