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. Excerpts of Board of Zoning, gents Special Meeting Minutes No. 2002-15 Item 6: Public Hearings �o �2 - 5 July 1 , 2002 Page lof S (a) Matter of CU-93-14; To modify or revoke Conditional Use Permit for the collection, storage, processing and distribution of concrete, asphalt and dirt; 2660 Eden Road; Assessor's Parcel Number 42-4530-4; C & G Contractors Inc. (Applicant); A. Zeitz (property owner); IG Industrial General Zoning District. [Debbie Pollart] Planner Pollart stated that the original Use Permit was approved to collect, store, process and distribute concrete, asphalt and dirt. The property site was at the western end of Eden Road (the only unimproved road in the City) and backed up to the City's wastewater treatment plant. In 1996, this Use Permit was revoked by the BZA and the Applicant appealed to the City Council. The City Council overturned the BZA's decision and agreed to a six-month extension that included specific measures that needed to be met by the Applicant. In Fall 1997, the operations were deemed to be in compliance. In August 2000, a complaint was received by staff concerning the excessive height of stored dirt. Photos from August 2001, showed the site with the water pollution control plant at the back, Galbraith Golf Course to the right and various metal scrap businesses to the left. Field investigations noted that setback clearances required for fire personnel access were not maintained and the City's water pollution control fence had been damaged beyond repair. After meeting with the Applicant's representative, it was noted that the height of the dirt was sometimes below approximately 15 feet in height, sometimes higher. An attempt was made to maintain fire access clearance, but it fluctuated from day-to-day. No application had ever been made for a grading permit. Photos from July 1, 2002, showed the high dirt mound, and the new fence put in by the City to replace the old fence that had been damaged, again, the newly graded fire clearance and a pile of debris just outside the entrance. She stated that several attempts had been made to meet and talk with the Applicant, but he had been very unresponsive. She recommended that this item be continued and that staff be directed to develop resolutions and findings to support the revocation of the Use Permit. Member Sidari asked if the City had monitored the site between 1997 and 2001. Planner Pollart stated that she had no documents that showed the site had been monitored during that time. The correspondence ceased after the site was deemed in compliance in 1997. Member Raposo asked what the estimated height of the dirt was shown in the photos. Planner Pollart estimated that the height of the dirt was between 15 and 20 feet high. Chair Marr asked if the Board had the option of modifying the conditions Planner Pollart replied that the conditions noted in the report were the same conditions that were modified in 1997. For example, the original grading bond was to be $10,000 and it was modified to $2,500. That bond had never been submitted by the Applicant. Member Goldt asked if watering for dust control had been underway during staff's visit.