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3. PUBLIC HEARINGS 3.1 Matter of Appeal by Jerry L. Guss of the Board of Zoning Adjustment's Denial of CU-93-14; Conditional Use; to Modify or Revoke Conditional Use Permit for the Collection, Storage, Processing and Distribution of Concrete, Asphalt, and Dirt at 2660 Eden Road, Assessor's Parcel Number 42-4530-4; C and G Contractors, Inc. This being the time and place for the Public Hearing on the above matter, a staff report was presented by Community Standards Coordinator Joann Oliver, which included a chronological history of the site and Conditions. She noted the Appellant had been operating in violation of the use permit. She identified the Conditions in violation, which included grading and drainage, material storage in excess volume, operating without a grading permit and performance bond, and no emergency vehicle access. She said the issue had been brought to the Board of Zoning Adjustments in August; they had voted to revoke the permit. Therefore, the issue is now under Appeal to the City Council. She noted that some progress has occurred to date; a grading application was submitted on October 18, 1996. She said the site is not in conformance. While material has been substantially reduced, the site remains in violation. Staff has been working with the owner for almost two years. She said staff recommends that the City Council uphold the BZA's denial with the Findings and provide some further direction to staff regarding the site. Council Member Galvan requested clarification regarding the east property line. Staff noted that the most important issues are the grading permit, erosion control, and correction of the drainage on Eden Road. Vice Mayor Polvorosa requested that the Appellant, Mr. Jerry L. Guss, come forward. Mr. Guss described the site and said that he had met with the Engineering Department; he submitted a blueprint to the Clerk for Council review. Mr. Guss also submitted a reference packet to the City Council. He provided a chronological history of the company and site. He discussed the previous Conditions on Eden Road and compliance issues; he said there is no public access, no sewer lines, and no utilities. He said he is trying to do what is right. He submitted slides to staff for Council review. He asked the Council to give him a change to maintain operations at the site. Council Member Glaze asked Mr. Guss how much time would be necessary to be fully in compliance. Mr. Guss replied that two months with good weather would allow him the time. Council Member Glaze clarified sixty working days with good weather would provide adequate time. The Hearing was then opened to the public.