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.. ~ NC-39, LP-88 Page #2 ( 5. Materials or stored goods must meet district setback req u i remen ts, i f the good se xpo sed exceed 6 feet in height - Section 10-130(j). Setback requirements in this industrial district are both 40 feet on 5th Avenue N.W. and 1st Street N.W. 6. Screening of outside stored materials - Section 10-130(j) requires a six foot screen to shield materials or goods from sight by the public travelling on the public right- of-way. o. Previous Council Action Relating to Non~conformities~ 1. On March 22, 1977 MacGillis and Gibbs was granted a variance VN-167 to permit the use of a mobile home trailer as an office, with the following conditions: a) that the applicant would construct a 6 foot ~tockadefence around a portion of the pr~perty; b) that the remaining frontage along 5th Avenue N.W. and 1st Street N.W. would be pro- vided with screening in the-form of spruce trees; c) that the driveway from 5th Avenue to the officebuildin9 shall have a dustless surface and d) that the variance shall be subject to review by the touncil in three (3) years. 2. On'August 23, 1977 the Council approved NC-2l sUQject to the applicant presenting site and landscape plans acceptable to the City Council prior to occupancy of th~ two proposed buildings and that said plans indicate the elimination of all non-conformities within a 10-year period. In addition, the Council authorized administrative authority to issue building permit (LP-52) to MacGillis & Gibbs, subject to the site and building plans dated August 23, (1977 and subject to condi ti onsof NC-2l. 3. On April 11, 1978 adopted Resolution No. 2036 which approved a revised landscape plan for VN-167 but substituted the proposed spruce trees with a continuation of the stock~de fence. The plan calls for 5 jogs.in the fence along 5th Avenue N.W. Each jog was to have 3 spruce trees and wood chip mulch, 14 Bittersweet vines along the main spans of the fence and sod from the fence to the property line. 4. At the date of this application, May 9, 1979 the applicant has done the following in respect to the above stated Type IV non-conformities: A. Has ins~a11ed a small portion of the fence along 5th Avenue N.W. with only two jogs. The jogs do not have tfie required plantings and there are not anyvi~es along the fence. S . Ins t a 11 e d a port i on 0 f fen c i n gal 0 n 9 1 s t S t r e e tN. W . , \,