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'; l -i d ,1 t '" .r! j . .~ J ~ i -~ Page 3 NC-59 & LP-153 On December 27, 1983, the City Council approved NC-59 and LP-153 to construct an industrial building to house a treating cylinder used to recover treating chemicals per MPCA requirements. It was determined the applicant had done everything practical to eliminate and reduce the existing non-conformities with the exception of dust control. NC-59 was approved conditioned on: 1. The applicant use spraying techniques in driving and parking areas for dust control. EXISTING SITE NON-CONFORMITIES: REQUIREMENTS TO BE MET Resolution 2036 1. Resolution 2036 required spruce trees planted in each jog of the fence along 5th Avenue and the provision of 14 bittersweet vines along the main spans of the fence. Traveling south on 5th Avenue, the second jog has only 2 trees, the fourth jog has only 2 trees (the third cut in-half) and the jog along 1st Street has only two trees (both of which are spindly and undergrown). The bittersweet vines are not present. The applicant has indicated the above missing plantings will be replaced as required under Resolution 2036. Resolution 2036 2. The subject site has a curb cut and fence opening along 1st Street NW. The fence opening and curb cut are presently not used for access purposes. The applicant has a pole and pallets of lumber blocking this entrance for security purposes. This arrangement is unsightly and defeats the purpose of the screening fence. The applicant has expressed a willingness to activate this access point whereby the pole and lumber stacks would be moved aside, behind the stockade fence, and a stockade gate would be installed. The use of this access point would also reduce the amount of truck traffic entering and exiting the site along 5th Avenue NW. Regardless of the applicant's willingness to activate this entrance, a stockade gate should be installed to continue and complete the screening process. NC-39 3. The subject site has not been sprayed with an approved oil to control dust in the driving and parking areas as required under NC-39. The applicant has indicated an oil approved by the MPCA will be applied to the driving and parking areas as required to control the dust problem.