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East: office, warehouse,post office annex West: manufacturing, warehouse SITE HISTORY In an effort to better understand some of the nonconforming issues on the property, staff finds is relevant to address the history of the site. The below are past actions staff researched from city files: • 1984: The City Council adopted Resolution 84-140, approving a site plan and nonconforming use permit to allow construction of a building. Findings of Fact note the following nonconformities: o Lack of screening of outside storage area from public right-of-way. o More than the permitted number of curb cuts. o Lack of dustless surface and concrete curbing on parking and drive area. o Setback of outside storage materials from property boundaries. Based on the conditions of approval, it appears that the applicant reduced the nonconformities by constructing an 8' fence for screening (which still exists today) and additional crushed rock was added to the site in an effort to mitigate dust. It is not clear whether this building was ever constructed. • 1986, 1988, & 1999: The City Council adopted Resolutions 86-132, 88-103, & 91-057, approving a Special Use Permit to allow use of a thermal processor on-site in an effort to remediate existing environmental issues. This issue has been closed. • 1990: The City Council adopted Resolution 90-61 approving a nonconforming use permit to allow construction of a 1,248 SF employee break facility and a 32,500 SF enclosed wood treatment facility. Findings of Fact note the following nonconformities: o Lack of bituminous or concrete drive, loading,maneuvering, or parking areas. o Lack of concrete curbing. o Lack of adequate setbacks for exterior storage. o Lack of screening of exterior storage on site south of lst Avenue NW. o Emission of odors from wood treating process. Based on the conditions of approval, it appears that the applicant reduced the nonconformities by adding additional Class 5 in an effort to control dust, and decrease odors by moving the pole treating operations indoors. • 2008: The City Council adopted Resolutions 08-086 & 08-095, approving a Site Plan and Nonconforming Use Permit to allow construction of 2,240 SF office addition. The nonconformities noted in the September 11, 2008 Planning Report included: o Parking areas less than the required setback. o Storage areas less than the required setback. o Odor detectable beyond the lot line. o Lack of concrete curbing & bituminous or concrete drive-aisles—i.e. dust o Fence heights and locations taller than allowed by Code. o Exterior building materials along street frontages not meeting Section 6-390 (12). The proposed location of the addition met all Site Plan standards. Through the Nonconforming Use Permit process, the Council allowed using all wood on the building facades facing the street. The Council also required the applicant to pave the first 50' of both access points off 1st ST NW in an effort to control dust. The above history is important in gaining a perspective of what was deemed acceptable in terms of meeting the nonconforming standards of Section 8-460. This information is also important in determining what nonconformities remain today and in evaluating progress made in reducing nonconformities on site. The current nonconforming issues on site are discussed further in the report.