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Sir, all I'm trying to say is that we uo thorough work. What I've done on uus is in good faith. If its not in compliance let me get my ducks in line. Please don't take my permit from me. Don't evoke it. I need a chance. And I appreciate you all giving me the opportunity to speak just like have. I've got more and more to say but I think in considering time, I've said enough. And I put in you all's hand and God's hand. That's all I can do. And, thank you for listening to me. McGallian: Mr. Guss, I guess really there is only one question I have left and it was the first question I asked you. And it's just basically yes and no, can you comply by October 15th? Mr. Guss: Yes, sir. McGallian: Thank you. Mr. Guss: Yes sir, let me just hold a few pictures up that's clearer. That's the stockpile, that's the area behind me. See if you look at the inward at the gate it looks like I'm just full all the way up to the sky. McGallian: Okay, I think what we will do is have questions from the members. Padro: Thank you Chairman. Mr. Guss, good evening. I appreciate the time you have taken. I certainly respect the things that you have said with regard to good faith, with honor, and with integrity and that type of thing. I share those same values. I pose the same question to you that I pose to Ms. Oliver and that is this matter and the violations of conditions have been apparent since February 1995 to date. I hear. you before us this evening adamantly requesting that we give you an opportunity and the question to get to 'it, if that is your desire, why have you not been able to be proactive in that desire since February of 1995? Mr. Guss: I think I can answer that, sir, for you. I have a commitment from RNL Brosamer, the company that is building the overpass at 98th Avenue that is going to go to the airport. They have done one soundwall, or one wall on the west side of the freeway. They got the steel and the drilling that has been done on the east side but they are not ready yet for the material. When I pushed it up and stockpiled it, I was saving it for him because prior months in time I have had to hall the material to Berkeley, at University Avenue, behind the fruit stand there in order to get rid of it and the truck cost is most astronomical. Padro: I continue that line of questioning by asking this if I may. On February 21st you were asked to do some things and follow-up inspections revealed no change in activity. On June 26th notice of violation was issued to you and essentially there was no response of that and you didn't submit an action plan. On a follow-up inspection on November 2nd you were asked to do some things and the volume of dirt on the property continued to exceed what had.been approved. It appears that on at least four dated occasions specific requests were made by you, sir, to attempt to come into compliance with the conditional use permit that was issued by this Board in 1993. I again ask, and I understand what you've indicated now twice with regard to what prevented you. But what I am having a very difficult time understanding is why the failure to respond to show some good faith as you indicate to get back in compliance and all of a sudden we are at the 1 lth hour because we are looking at October, 1996 should we modify this and I am concerned. Board of Zoning Adjustments Meeting August 1, 1996 Page 8 of 12 1iTute No. 96-15