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i <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />1� <br />_. _ 11 <br />12 <br />13 <br />14 <br />5 <br />°_��.15 <br />¢;9;�e <br />°oS�o�416 <br />i��o5� <br />}W�Nm�17 <br />Oz j � <br />W�"03�18 <br />=��t <br />y�ti o�j <br />Y °06�� 19 <br />' 20 <br />21 <br />22 <br />23 <br />� <br />z� <br />25 <br />25 I <br />27 I <br />28 I <br />29 I <br />5. Condit opec�:ted an alder mill in violation oi the <br />zoning ordinances be�ween 1950 and 1951; and between 1953 and <br />1969. <br />6. If. tt:e City granted a plumbing permit, a business <br />license, a variance for access or building permits, to Condit <br />while Condit was operating in violation of the zoning ordi- <br />nances, Condit's unlawful status was not changed thereby. <br />7. The City is not estopped from eriforcing its zoning <br />ordinance against Swimm by virtue of either its licenses, <br />variances (if any) or permits, nor by the elapsing of some <br />sixteen years during which the unlawful use was tolerated or <br />overlooked. There is no estoppel as�gainst Swimm for his <br />ih.ee <br />five years of operation, only �o of which took place before <br />the City gave him notice to shut down. <br />8. If Condit did establi>h a lawful nonconforming use, <br />the permissable use was lost by the shutting down of the mill <br />uperation between 1969 and 1974. <br />9. Swimm's operation is essential.ly simil�ar to <br />Condit's. However, Condit's milling operation ceased for <br />some five years hef.ore Swimm reopened it. Consequently, <br />Swimm gains n^ •ights by his essent=ally similar operation, <br />in that any lawful nonconformir�g use there may have been was <br />lost by Condit before he sold to Swimm in 1974. <br />DATED this � day of Ptarch 1979. �� <br />l --�. ' � / . - ` � <br />_ C�,. E( C''C EL e',�. .�. <br />Fay Collier Ken edy � <br />Hearing Examiner <br />FINDINGS OE ?ACT AND <br />CONCLUSZGtdS OF LAW - 7 <br />z <br />0 <br />-i <br />., <br />n <br />m <br />., .. <br />� T <br />N �--� <br />�' m <br />v <br />cv <br />m� <br />o� <br />-i Z <br />m� <br />.. <br />�� <br />a -+ <br />r x <br />.� .. <br />< N <br />� <br />� :v <br />�� <br />m.. <br />N <br />C'� <br />r <br />C N <br />3 N <br />.�m <br />n <br />z <br />� <br />_ <br />a <br />a <br />-� <br />x <br />� <br />Z <br />0 <br />-i <br />� <br />m <br />