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On February 12, 1996, Mr. Guss requested an extension to May 1, 1996. An extension was granted <br />on the condition that Mr. Guss post a performance bond with the City Engineer in the amount of <br />S 10,000, clean out the drainage ditch, and remove the berm on the north side of Eden Road, to <br />restore drainage. <br />Mr. Guss did not submit the performance bond as required. He indicated that he was unable to <br />secure a performance bond due to the possible contamination of Eden Road and adjacent properties. <br />The site continued to be in violation. The grading permit and erosion control plan was not <br />submitted and corrective measures were not completed to correct the drainage concerns on Eden <br />Road. <br />As the activity continued to be in violation of the Conditional Use Permit and the Grading <br />Ordinance, staff had no alternative but to set the hearing before the Board of Zoning <br />for the urose of modifying o Adjus`�ments <br />P `P Ifyina or r.�okina the Conditional Use Permit. <br />VIOLATIONS <br />Following is a list of the violations: <br />1. Condition I. A. - The applicant shall comply with Exhibits A and B dated October 1, <br />1993, except as hereinafter modified. <br />The volume of material on the site does not conform with Exhibit A. <br />_. Failure to comply with the terms of the Administrative Review of the permit <br />conducted on November 15, 1993. As a result of the 'Administrative Review, <br />there was an agreement to allow variance from the specific terms of the Exhibit A. <br />The Exhibit calls for the material to be stored in four separate piles on the site. The <br />volume of material on the site far exceeds what was anticipated in the permit. The <br />following limitations were agreed to: <br />• Reduce the volume of material on the site by March 1, 1996. <br />• Pro- ide a minimum 10 foot clearance around the perimeter of the property. <br />• Reduce the height of the piles to no more than 15 feet. <br />To date. the volume of material has been reduced. However, it still exceeds the <br />a2_reement..An inspection of the site conducted on June 3 1996 revealed that the height <br />of the pile of din was at least 20 feet at some points. There is a 10 foot perimeter on the <br />st side of the proper-,.}-, but not on the north and east side. <br />3. Failure to comply with other terms of the Administrative Hearing regarding <br />unauthorized dumping: <br />sca;; Ror. <br />July 26, 1996 <br />Page 4 of 8 <br />CS <br />