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Published September 25, 2008, 12:00 AM

Ordinance amendment linked to lawsuit

An ordinance amendment resulting from one of the lawsuits facing Afton has been passed — despite some reservations on the part of one council member.

By: Amber Kispert-Smith, Woodbury Bulletin

An ordinance amendment resulting from one of the lawsuits facing Afton has been passed — despite some reservations on the part of one council member.

The amendment, which arose out of a memorandum of understanding to resolve litigation brought by Ebertz Enterprises and Brockman Investments, addresses issues in the industrial district of Afton along Hudson Road South.

Passed at the city council meeting on Sept. 16, the ordinance amendments increase the maximum impervious surface coverage in the I1-A and I1-B zones to 35 percent (mitigated to 25 percent runoff), and introduce the permitted uses of offices, warehousing and wholesale business under a conditional use permit (previously a special use permit was required).

Council member Nick Mucciacciaro resisted the alterations, saying he had come into possession of additional information since agreeing to the amendments in a mediation meeting earlier in the year, although he declined to state the nature of the information.

The amendment passed by a 4-1 vote with Mucciacciaro casting the dissenting vote.

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