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MO 2002-055 to 2002-060
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MO 2002-055 to 2002-060
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Minute Order
Document Date (6)
12/31/2002
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2660 Eden Road Appea 2 October 7, 2002 <br />Revocation of CU-93-14 <br />meetings with representatives of the appellant did not result in adequate improvement <br />to the situation. After close of the public hearing, the Board of Zoning Adjustments <br />directed staff and the City Attorney's Office to return with a Resolution for <br />revocation of the use permit. <br />• At their August 1, 2002 meeting, the Board of Zoning Adjustments adopted a <br />Resolution for Revocation of CU-93-14. The appellants are appealing the decision of <br />the Board to revoke the use permit. The main appellant, Mr. Guss, indicates that his <br />appeal is based on the allegation that the decision to revoke the permit does not fairly <br />reflect the facts. Additionally, Mr. Guss states that the decision would unfairly <br />deprive the community of a valuable business and an important recycling company. <br />The remaining appellants indicate their belief that the Board of Zoning Adjustments <br />was not receptive to any public input, either positive or negative, and that Mr. Guss <br />has always been a good neighbor to the other businesses located along Eden Road, <br />specifically being instrumental in maintaining Eden Road. <br />• The fence along the shared property line between the City's Water Pollution Control <br />Plant and this business was damaged beyond repair (portions of fence were laying flat <br />on the ground, having been bent over by the weight of materials piled against the <br />fence). In order to maintain security at the plant, a decision was made to have the <br />fence replaced as soon as possible. The cost for installation of the fence was $5,896. <br />Staff is recommending that the City Council add a condition to the project that <br />requires the appellant to reimburse the City for this cost, as the new fence was <br />required as a direct consequence of on -site operations. <br />Recommendation: Since the August 1, 2002 Board of Zoning Adjustments meeting, <br />the applicant has brought the site into substantial compliance. Therefore, staff is <br />recommending that the City Council consider the following two options: <br />1) Continue the item for a period of three months to allow the City to reach an <br />agreement with the appellant for reimbursement of funds spent on the new fence. <br />This time will also be used by staff to monitor compliance. Staff will return to the <br />City Council in three months time with a report on compliance and the fence <br />reimbursement; OR, <br />2) Deny the appeal and uphold the decision of the Board of Zoning Adjustments. <br />BACKGROUND <br />• In 1993, a Conditional Use Permit was issued which allowed for the recycling of <br />concrete and asphalt through the processing of the material into two -foot by two -foot <br />size pieces for removal for further processing to another location outside of San <br />Leandro. <br />• Beginning in early 1995, City staff was made aware of changes in the operator's <br />business activities (specifically, the import of dirt), and possible violations of <br />
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