4920 EVERGREEN WAY BASE FILE 2018-01-02 MF Import

- � :-,.-- . AL,.cC:ATI0:�1S OF APPLICAiIT POl,IT 1. THe FOLLOiJIIdG Ai3P. 'iftE SPECIAL CII2CUIdSTA1JCES l•lHICH APPLY TO idY PROPGRTY hlHICH D'cPitlU�_;": Or 12IGHTS APID PRNILEGES ;l]-?ICH Af�. EiIJOYED BY OTI-CR PRGFEI?TI:S IPd 17-� VICIIdIiY 1R1DER 'IHE ID"ctlT1CAL ZOidc CLASSIFICAI'IOId. Our location at Ernst�s, being in a H-2 Community 9ioppina Zone� may be nost use£u11y described as commercial property. All oi the kinds of business iahich are permitted to operate in this zone dq so essentially ior one commercial purpose, to make money. This ire purpose may logically be eonsidered as one of the rights and privilzges of such a business zone, just as £amily 1i£e may rightfully be considered one o£ the ri ghts and privil2ges of a residential zone. If a kind business be permitted in a particular zone, such as a gas station £or. example, in a B-2 zone, and yet a particular and necessary part of that business be deni�d, such as the selling of oil, then it may logically be in£erred that the right and privilege of that station to make money is 7+�ing inter£erred irith. If a business is allocaed in a particular zone, then all o£ the merchandise that rightfully belongs to that business should be allotaod. qs far as we }mota, to use the example oi the gas stations in our vicinity, they have the right to se21 all of the merchandise tirhich rightly belongs to their business. 1•7e petition the judgement of the I3oard o£ Adjustment that the selling o£ sma11 amounts o£ customer carry concrete is as integral Lo Ernst�s normal trade as is the sellina of oi1 to our neighborino gas stations. To be denied this privilege is a ]cind of c9iscrimination. l!e further petition your judgement that thz mir.ing and selling of small amounts oS customer carry concrete is intrinsically and actually no less consistent i�rith the particular chara�ter of a B-2 zone than ar�y oLher phase o£ ours or ai�y other business in our vicinity. Por what makes a particular retail item of an already accepted business actually and rightfully inconsistent t.o the character of a H-2 zone? Is it because they happen to be mixeti, or stirred, or poured, or boxed or whatever? i�le petition that in the long view, the. contrcllirg £actor should be hoi•r the item specifically relates to the best interest of the af£ected comnunity, not by un-informed opinion, but as relating to actual noise, visual appearance, dirt or dust, �umes, Icinds oF custo;ners, . etc. Therefore, by virtue of the above, and point /f2 �thich folloi•rs, Ure believe that unless we are permitted to sell custaner carry concrete, we are beirg deprived �f the rights and privileges which rightly accrue to our business and to our property in a B-2 zone, and rdiich are beirg enjoyed by other husi�sses and properties in t1�e vicinity under the identical zone classification. POINT 2. 1HE VARI(11dCE I !li•i RF.QU:SPIDI.ri I�IILL IJOT BE D'c'Ti3IhiENTAL Tl� '[7IE PUBLIC i•lGLFAF�: OR IIJJUftIOUS TO 'P.IE PROPcRTIES OR II•1PROUGIIEPIT'S IN THE VICIlIITY OF A ZOP1E IId !d;�CH 1lY PROPE.RTY IS LOi�ATE� BECAUSE: (A) 17`:at might be called the most offensive pa:ts o£ a customer carry concrete system ar.e already pernitted in this zone. That is, sand or gravel can already be sold, iiixed or separately, and stored in open bun'r.ers i•rith the attendant dumo trur.}c �icliveries. Cenent is already stored and sold in sac}cs. (B) Visually considered, ail the equipc�znt is easily consistent crith the needs oi the surrounding communi.ty. �ven though it is permitted, the cust�ner carry ccncrete s,ysCem uri11 use no open storage of cand and aravel. Deliver,/ trucks will pour directly into an agreeaUly styled conveyor which titiZl carry the aggregates i.nto a closrd storage honper. A11 the equipment is painted rrhite and, visually speaking, it is appropriatcly attractive. It is hard to see ho:a its appearance could nossibly continued. . .