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all been put in that position. TT irts that show the good faith on the )n staffs <br />preparation to Mr. Guss is shoA .b mat they have good faith in allowing rum The 2 1/2 months <br />and I keep looking at that one part. I think that is the only thing that allows me to say, okay, the <br />,cunt is full. You've got three balls and two strikes. That's it, you've got one pitch left. Do you <br />.ake it. I look at that part and I think that is where my heart goes out as Mr. Padro is saying we <br />—e sensitive to the fact that we can see where Mr. Guss has shown good faith in some areas. He <br />has put expense out of his pocket. At times possibly, he can't afford it. Maybe I'm assuming too <br />much. But I think I am looking at the way it was written. They are allowing him two and a half <br />months to try and pull it off. I think that's fair. That's more than fair at this point. That's all I <br />have to say. <br />Eliason: I just have a question of staf'here. If we do revoke this instrument tonight, is our <br />decision appealable to City Council. <br />McGallian: Yes, it's appealable. There would be a direct appeal to the City Council. <br />Eliason He would have to apply for an appeal. <br />McGallian: Yes, he would have a fifteen -day, is that right, fifteen -day period in which to <br />appeal? <br />Weisbrod: Yes. It's a fifteen calendar day so it would be Friday, two weeks from tomorrow. <br />Eliason: And how soon after that would it be agendized to Council? <br />'eisbrod: It would be up to the City Clerk. <br />Eliason: Just give me a rough estimate. <br />Weisbrod: I'd say approximately 30 days. <br />Eliason: So it would be 45 days until probably the City Council would see it. <br />Weisbrod: Again. I don't know exactly what their schedule is so it could be a week or two or <br />three longer. <br />Eliason: Okay. <br />Padro: with all thhat's been brought before us this evening, I make a motion to revoke <br />conditional use permit CU-93-14, specifically referencing that finding that the activity at 2660 <br />Eden Road has been operated in violation of the terms and conditions of the conditional use <br />permit and that other laws and regulations have been violated. <br />MSC: Padro/Eliason motion to revoke CU-93-14. (4 ayes) <br />Weisbrod: Any action of the Board can be appealed to the City Council. There is a 16-day <br />)eal period so the appeal period would run for two weeks from tomorrow. The deal is filed <br />Board of Zoning Adjustments Meeting August 1, 1996 <br />Minute No. 96-13 Page II of 12 <br />