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MO 1996-046 to 1996-050
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MO 1996-046 to 1996-050
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Minute Order
Document Date (6)
12/31/1996
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Appeal of C & G Contractors, Inc. 3 October 14, 1996 <br />City has not received a completed grading permit application for the activity on the site, or the work <br />on Eden Road, or submitted an erosion control plan. The drainage on Eden Road has not been <br />corrected, as required. Mr. Guss has not submitted the performance deposit or maintenance deposit <br />as required by the Engineering and Transportation Department. <br />Staff will continue to monitor the site up to the day of the City Council hearing and will provide an <br />updated report at that time. <br />DISCUSSION <br />Since C & G Contractors, Inc. began operation in 1993, the construction market has changed <br />significantly. To remain viable, Mr. Guss changed the nature of his operation, placing him in <br />violation of the conditions of his permit. It is clear that Mr. Guss acted in good faith, both in his <br />original application submittal and his efforts to bring the site into compliance. <br />Since the Board of Zoning Adjustments hearing, there has been a significant reduction in the <br />volume of material on the site. Mr. Guss indicates that he has recently removed as much as 16 <br />truck loads of material per day. However, at this time, the violations of the Conditional Use Permit <br />and the City's Grading Ordinance have now continued for almost two years. <br />STAFF RECOMMENDATION <br />Therefore, Staff recommends that the City Council uphold the Board of Zoning Adjustments' action <br />and deny the appeal based on the following finding: <br />C & G Contractors, Inc., located at 2660 Eden Road, is currently operating in violation of the <br />terms and conditions of the Conditional Use Permit, CU-93-14, and the San Leandro <br />Municipal Code, Chapter 12, Title VII regarding Grading, Excavations and Fills. <br />CONCLUSION <br />Copies of the Board of Zoning Adjustments minutes of the public hearing and all related <br />correspondence and materials are attached for your review. <br />JC/JO:la <br />Attachments: Minutes of the 8/1/96 Board of Zoning Adjustments meeting <br />Related Staff Reports <br />GAMAWC&GAPPLAPT <br />
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