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There were conditions placed within the approval. And what happened was there were actually <br />two time conditions, Condition No. 2 which required final plan approval to be submitted within <br />one year from the effective date of the permit, as well as Condition No. 8 which required that the <br />applicant submit a description of the one-acre permit area in map and written form by metes and <br />bounds as certified by a registered surveyor. The Planning Department did not receive any of <br />these items up to date. Additionally there was a condition, Condition No. 8 further on states that <br />all vehicles and equipment storage shall be limited to the specific one-acre area. While <br />conducting site inspections, our zoning inspector had observed that there were vehicles and <br />equipment outside of this area and issued an alleged State Land Use violation as well as an <br />th <br />alleged Zoning violation, this is Exhibit 2 within your packet dated October 20. Within that <br />notice of violation, or alleged zoning violation, there were specific conditions requested of the <br />applicant. One of them was, again, to submit this description of metes and bounds within 30 <br />days of the letter as well as submit plan approval within 30 days of the letter. Again, the <br />Planning Department did not receive these items. We had a response from the applicants <br />rd <br />representative dated November 3, this is Exhibit 3. And then lastly a follow-up letter from the <br />Planning Department on the status of the fines, this is dated February 1, 2007, and this is <br />identified as Exhibit 4. Within this exhibit, it states again, reiterates the corrective action that <br />needs to be taken by the applicant; and it also identifies the current assessable fines as of <br />st <br />February 1, this would total $40,000. <br />The applicants representative has submitted a request for a continuance with reasons. This has <br />been passed out to the Commission this morning. And the applicants representative is present <br />with us today. <br />GRAHAM:Thank you, Jeff. Do we have questions? <br />SIRACUSA:Yes. <br />GRAHAM:Commissioner Siracusa. <br />SIRACUSA:Yeah. In the first letter that we received from the applicants <br />representative, he referred to problems with the earthquake. Does anybody remember exactly <br />when that earthquake happened? Was it the end of October? <br />th <br />GRAHAM:It was October 15. <br />th <br />SIRACUSA:Okay. He had applied for a building permit on March 8 according to <br />this, so that there were seven months between those two dates. Im wondering as of today have <br />any of those things been complied with? Can you tell us that, Jeff? <br />DARROW:Its my understanding that, as of today, final plan approval has not been <br />submitted to the Planning Department, as well as a submitted metes and bounds description in <br />map and written form by a surveyor. <br />SIRACUSA:Follow-upplease? <br />2EXHIBIT C <br /> <br />