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= <br /> 201 <br /> May 13,198, ' 4 11 <br /> WHEREAS, on June 29, 1982, the Planning Commission <br /> recommended denial of a Comprehensive Plan Amendment application bY I <br /> George Swimm, owner/operator, of the shake mill near 51st and Elm, <br /> Everett to change the Comprehensive Plan designation from Single <br /> Family Residential to Industrial,and 11 'MO <br /> WHEREAS, on August 4, 1982, the City Council concurred with , 4[41 <br /> 1 ; 1 <br /> the recommendation of the Planning Commission to deny George Swim's n , <br /> ! Comprehensive Plan Amendment;and ' 1441 <br /> WHEREAS, following the denial of the Comprehensive Plan <br /> Amendnmnt which precluded the rezone of the subject property, eitY <br /> Staff looked at other potential alternatives to ensure that all <br /> possible avenues of possible relief had been exhausted,and <br /> WHEREAS, on Jun!20, 1984, the City Council formally adopted ( <br /> residential policies as an update to the City's Comprehensive Plan <br /> which do not support the location of shake mills within any <br /> residentialiy-designated area within the City;and 1 fi <br /> WHEREAS, on April 14, 1987, the Planning Commission finally ''' '''i <br /> reviewed the issue and concluded that no process existed within the <br /> City which would allow George Slam to legitimize the operation of <br /> hin.shake mill in its preSent location and recommended that the City <br /> not .urnme a revision to the R-1 Section of the Zoning Code which <br /> would establish a process for allowing shake mills as a conditional <br /> use;and <br /> Iw <br /> public 71"e7rElAnSge.tr algesl'thensute"of":1UttOnTiLed"c7elatMd o; ' 11, <br /> the Swimm shak <br /> . 1 <br /> 0,140rEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> That the City has thoroughly exhausted all possible avenues '' 'If., <br /> which would allow George Swimm to continue the operation of =n. , ' <br /> his sawmill at its present location and have concluded that <br /> none exist. Continued operation of the subject sawmill et <br /> this location is in derogation of all land use policies and <br /> ordinances of the City of Everett. Therefore, City Staff is <br /> hereby directed to address the Swimm mill as a violation of <br /> the City's Zoning Code and return the matter to the Snohomish <br /> County Superior Court requesting that the stay of the <br /> Abatement Order be lifted as of Nay 31,1988,and that George 1 ig <br /> Ser. be enjoined from further operation of the sawmill at <br /> this location. Prior to this date, Swim shall abate his , <br /> samill operation by dismantling and removing all equipment, <br /> materials and structures associated with the operation of the , <br /> sawmill from the subject property. Should Swimm operate the <br />. sawmill at any tirm prior to May 31, 1988, all operations 14 <br /> associated with the sawmill must be restricted to the time <br /> Swimm should in any way violate this time period restriction, <br /> he sheii be immediatelY enjoined from all further operation ' <br /> of the sawmill and shall immediately abate the sawmill <br /> operation by dismantling and ...Moving all egOiPment, <br /> ' 1 <br /> materials and structures associated with the sawmill. 'M i <br /> ., <br /> it <br />