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SP-072
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Special Use Permit File PLZ 02100
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SP-072
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2/15/2007 11:45:00 AM
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2/7/2007 1:56:57 PM
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<br />Request: SP-72, Council approval of special use permit to make <br />existing non-conforming rendering plant use a conforming <br />use. <br /> <br />Applicant: The Mengelkoch Company <br /> <br />Location: 119 11th st. N'! <br /> <br />Zoninq: 1-2 <br /> <br />Discussion: <br /> <br />The applicant is requesting the necessary approvals to change <br />the existing use to a permitted use in order to allow expansion <br />of the rendering plant. The existing plant on the site is a legally <br />establisehd non-conforming use. Although the property is zoned <br />I-~, Heavy Industrial, a rendering plant is not listen as a permitted <br />use nor is the type of manufacturing process used among the permitted <br />uses. Further, according to Section ?-40, Reaulations as to Tvpe <br />II Non-Conformities, no such structure can be expande~, enlarged, <br />replaced or located except in changing the use to a permitted use. <br />For this reason, under the terms of our code, a special use permit <br />if' necessary. <br /> <br />As this is a heavy industrial district, there would seem to be <br />no question about this use being permitted in the district by means <br />of the special use permit so long as necessary performance conditions <br />related to the operation of their business are observed. In this <br />regard, the principal problem may be air pollution. There are <br />controls in City ordinances regarding an operation of this type. <br />The first is Section 10-130(h) of the Zoning Code in the industrial <br />performance standards. Additionally, this business is required to <br />have an offensive trades license as provided for in Section 860 of <br />the City Code which establishes certain conditions on their operation. <br />There are further regulations of the Pollution Control Agency and <br />The Metropolitan Waste Control Commission concerning this operation. <br />Additional comments regarding the site plan are given in conjunction <br />with the reviews of the non-conforming use request and the <br />landscape ann plot plan. <br /> <br />We would suggest that Council approval of the special use permit, <br />if given, be conditioned on conformance to applicable pollution <br />control regulations of the PC~ and Metropolitan Waste Control <br />Commission and conditioned on conformance to New Brighton City and <br />Zoning Cone requirements in relation to pollution ana conditioned on <br />conformance to the stipulations on the present offensive trades license <br />granted to the applicant. <br />
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