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aoo <br />.. <br /> May 13,1987 <br /> I Roll was called on the motion to close the <br /> uncilmen voting yes. public hearing with all <br /> 1,..1 Motion carried. <br /> Nov d by'Councilman Morrow, ecpnded by Councilman Nava to adopt <br /> 11 ItRes 1 tion No.2862. <br /> Moved by Councilman Stephenson to amend the resolution as tallows: <br /> that prior to May property <br /> 1,1988 all operations associated with the mill <br /> ceasemust n <br /> he mill removed `rom the oerty antl during the <br /> to iod6:0o he is lnkoperationtheoperation is restricted to 8:00 a.m. <br /> y. <br /> I - Roll was called on the amendment with all councilmen voting yes <br /> except Councilman Hive and Gipson who voted no. <br /> Amendment carried. <br /> resident Gipson seitl the matter before the c cil at this time w <br /> the etlopticn oT Resolution No.2062 as dmended to116Ws <br /> WHEREAS, on November 12, 1981, the Snohomish County Superior <br /> j Court declared that the operation of the Swimm sawmill in the R-1 <br /> zone is a violation of the City of Everett Zoning Code;and <br /> WHEREAS,the Snohomish County Superior Court further declared <br /> ( that the operation of the Swimm sawmill violated the May 7, 1979 <br /> decision of the Board o Adjustment regarding and such an <br /> � 1 operation In the R-1 zone is a"public 14ance per , and <br /> ���rllllf: of the HERbove,ondeclaxedr thetl%e JUSvimmsnielabsto shthe' nawmlll <br /> til,, immediately;and 11 <br /> t I <br /> WHEREAS,the Judge stayed the effective date of his Order for <br /> 14 days to allow Mr. Swimm an opportunity to exhaust all passible alternatives which would allow him to bring the mill into compliance <br /> with the City of Everett Land use Codes such as a Variance or a <br /> �., Rezone;and <br /> WHEREAS, on January 8a 1982, Swim's Attorney brought a <br /> Motion to have the effective 0 of theC Orderfurther <br /> 4d allowing Mr. Swimm to pursue an applicationfor a Rezone with the <br /> City together with the understanding that if Swimm faithfully <br /> pursued a Rezone, the matter would t return t t until such <br /> � time as the Rezone/Comprehensive Plan change was denied or granted; <br /> antl <br /> WHEREAS, on February 16, 1982, Swimm made a plication with <br /> • the City's Planning Department seeking a comprehensive plan change <br /> and rezone to allow continued operation of the shake mill at this <br /> location;and <br /> 4 w <br />