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2660 Eden Road Appea 3 October 7, 2002 Revocation of CU-93-14 conditions of the use permit. Over a two-year period, staff worked with the operator to bring the business into conformance. This process included a Revocation Hearing before the Board of Zoning Adjustment on July 24, 1996. At that meeting, the Board voted to revoke the applicant's use permit. This decision was appealed to the City Council, which on October 21, 1996 granted a six-month extension in order to bring the operation into full compliance with the use permit. In October of 1997, the operation was deemed in conformance as required by the City Council. Modified Conditions of Approval were adopted in 1996 which permitted the recycling of dirt and similar construction materials (in addition to the already permitted recycling of concrete and asphalt), limited the height of stockpiled materials on -site to 15 feet in height, and required 10 and 20-foot clearances along the perimeter of the property. • During the 1996 revocation hearing, it was noted that violations of the use permit and City's Grading Ordinance had continued for almost two years leading up to the hearing. With the current investigation of complaints, staff began discussion with both a representative of Mr. Guss' company and Mr. Guss himself in September 2001, with only minor success in bringing the site and operations into conformance nearly one year later in July of 2002. • A letter dated October 5, 2001 to the applicant outlined the ongoing issues that the various city departments (Engineering, Water Pollution Control Plant, and Planning) have had with the existing operation. These included the following: 1. Submit grading plans and apply for a Grading Permit, along with the reduced $2,500 deposit for warranty and inspection of work to be performed. 2. 10-foot clearances along the north, south, and east property lines, and a 20-foot clearance along the west property line shall be maintained at all times. There shall be no stockpiling of materials of any sort in the described clearances. 3. A silt fence shall be installed and maintained, to the satisfaction of the Engineering Department. Install erosion control measures such as straw waddles and plantings adjacent to the drainage ditch to prevent sediment -laden runoff from polluting the waterways. 4. A new topographic survey shall be required after grading operations have been completed (explanation provided in January 8, 1997 letter). 5. C&G will start clearing away the "threatening" debris and debris that had already encroached on the City's land. 6. C&G will continue to clear debris from the City's emergency exit and maintain a clear access road at all times. 7. If it were necessary for C&G Contractors' tractors to enter or egress on City property, C&G would provide proof of insurance naming the City as an additional insured. 8. C&G agreed that the damaged WPCP fence was caused by their debris, but that the fence couldn't be replaced until debris removal is completed.