1987/05/13 Council Minutes - Laserfiche WebLink

i I , 197 kr , May 13,1987 CITIZENS COMMENTS John Hayes of 1223 Mukilteo Blvd. complained of the problem he was having obtaining a permit to burn brush on hls property. He auggested the coUncil amend the ordinance and allow citizen like himself to burn small areas of brush in certain months of the year undex the Air Polution Agency Regulations. Mayor Moore said the ordinance had been adopted because people were kr burning brush, wood and garbage in their yards end creating problems far their neighbors. =chelmgarrctr7r!'ty:l'egr"b:inn:14"tuhl'et'trt:',111741-'clrt: council at this time. PUBLIC HEARING-SWIMM SHAKE MILL I 1'1 President Gipson opened the public hearing to address George Swimm's Shake Mill as a violation of the city's zoning code. Councilman Overstreet said there would be a conflict of interest if he remained in the meeting on this hearing as he was a board member of Deaconess Children's Service and the legal agent for them in the I potential sale of their property so asked to be excused at this time. The sawmill property site was rezoned R-1 in 1942. Carl Condit purchased the property and built a sawmill there. In 1948 the Planning Commission granted him a conditional use permit and in 1951 " be was issued a second permit which expired in June of 1953. From 1953 until 1969 the operation of the mill gradually decreased and from 1969 to 1974 the operation eased entirely. Mr. Swimm 1;0 g , purchased the mill property in 1974.cFrom 1974 to 1977 Mr. Swimm operated a shake mill on the property and in 1977 was sent a letter by the Building Official explaining that the operation of the mill was in violation of the city's zoning code. He continued to operate 44 the mill. ln 1979 Swim appealed the determination of the building official. kk The Board of AdJustment adopted the Hearing Examiner's finding which was that he was in violation of the code. He continued to operate the mill. In 1981 the City Attorney's office received authorization from the City Council to file suit against Swimm enjoining and abating his sawmill and in November of that year the judge enjoined Swim from operation of the mill in the R-1 zone and to abate the sawmill. In January of 1982 Swimm's attorney brought a motion to have the effective date of the order further stayed allowing Swimm to pursue his appliction for a rezone with the city. In June, the Planning Commission denied Swimm's request and in August the Council upheld '14 the Planning Commission's denial and appointed a committee to bring back a recommendation for alternative action. The committee recommended amending the R-1 zone alowing conditional uses such as Swimm's shakemill end Planning Commission in 1983 approved the zoning change. In May of 1984 the amendment was tabled until the staff could revised the entire R-S, R-1 and R-2 sections of the I k Zoning Code.