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is no supervision on the property. The dirt is stockpiled from 15 ' to <br /> 18 ' high in front of her home. The weeds have grown into the stock- <br /> pile and the stockpile has been there for two years . <br /> Carl Auten, 2693 Bronzan Road, complained of odor. He said the testi- <br /> mony is that the coffee ground/soil mixture is 50-50 and then it is <br /> moved out. He asked why the stockpile does not disappear if the <br /> material is being moved out. He said the stockpile has been in <br /> existence for two years and it is overgrown with weeds . However, much <br /> soil has been removed from the property. He said material is being <br /> dumped on the subject property as well as on other properties - one ' <br /> being at a location on Woodward Avenue. <br /> A lady from the audience complained about the berm height exceeding <br /> the fence height requirements . <br /> REBUTTAL: Steve Herum made the following points in rebuttal : <br /> ° The General Plan and Zoning Ordinance provide property rights. <br /> ° There is a Constitutional right to use property. <br /> ° This is an agricultural use for an area which has been designated <br /> Agriculture since 1962 . <br /> ° The Commission is not supposed to be influenced by a mass of <br /> opposition, but act as a regulator . <br /> ° The Commission must consider impartial testimony, such as the <br /> report from the Local Health District. The Local Health District <br /> report indicates that there is no present problem. In 1987 they <br /> made a mistake and this has been corrected. <br /> • Testimony has been received that the sewer plant, a dog kennel , <br /> horses and chickens in the area also produce odors and flies. Any <br /> testimony that the Ronyak operation is the only activity in the <br /> area that produces odor is not credible. <br /> ° People from the Planning staff and Local Health District went to <br /> the property and report that there was no odor problem. The <br /> testimony of these experts should be relied upon. <br /> • There was a statement that materials from Eckard cold storage <br /> operation was brought to the property. Mr. Ronyak has never <br /> accepted material from Eckard Cold Storage Company. <br /> • An approved permit provides protection to the surrounding property <br /> owners in that if there is a problem, there can be a "nuisance" <br /> hearing. <br /> ° Regarding traffic, Mr. Ronyak told him that the maximum number of <br /> trucks per day is 15 with an average of 12 . <br /> PC: 9/15/88 -6- MINUTES <br />