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JUL 10 1995 Boa 61 Fi GE 468 Commissioner Bird wished to know whether just anyone can appeal a site plan or if they must have some special interest. Planner Craver explained that this was not defined in the old site plan ordinance, but it is in the new one; also, there is a $50 fee for someone other than the applicant to appeal since it is necessary to advertise, etc. Attorney Brandenburg informed the Board that the standard in the new code requires that the individual has to be adversely affected, i.e-., either have an abutting residence that might be adversely affected or have a f.inancial interest in the outcome of the appeal. Commissioner Bird asked how Mr. Fleckenstein qualifies to appeal this site plan, and Mr. Fleckenstein stated that he owns the property directly across 8th Street. Commissioner Wodtke noted that because this property had a lawfully conforming restricted industrial use prior to its Land Use Plan designation of LD -2, the M-1 zoning is considered valid and they can expand that use on their site. He wished to know how this same situation would apply, for example, on a twenty acre industrial site in a residential neighborhood - could the owner fill up the entire twenty acres with industrial? Attorney Brandenburg reported that during the time Bruce King was Planning Director, a similar case arose wherein an individual owned forty acres but had a very small commercial use limited to one corner of his property. The analysis done by staff at that time and accepted by the Board was that the rule would apply only to that corner of the property and would not allow the owner to expand the commercial use over the entire forty acres. Commissioner Wodtke asked at what point you make a determination of how much they can expand. He felt we have to be fair, but what is the point between being fair to one property owner and being protective of the surrounding property. 56