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City Council Regular Meeting Minutes • June 24, 1997 Page 5 1 Hardees. Also the entrance and exit to the site. The proposal makes sense for traffic flow 2 and public safety. 3 Marks asked if the lot was substandard. 4 Gondorchin indicated the lot was not substandard. If the variance were denied, the car wash 5 could still be located on the site. This position on the site is a result of traffic flow. 6 Mr. Rosar, 10640 Mississippi, owner of the property, stated when he bought the property he 7 was told that CUB Foods would be locating in Apache Plaza. He did not improve the site 8 because he was waiting to see if CUB was actually going to be built. When CUB did come 9 to Apache, he was busy with other projects and has been unable to update the site until now. 10 Mr. Rosar apologized for this. 11 Mr. Rosar noted there have been complaints in regard to the noise from Exhaust Pros. He has 12 checked into the noise and it is not coming from Exhaust Pros but rather is from race cars at 13 Goodyear being worked on without exhaust. 14 Mr. Rosar agreed that the Exhaust Pros site is a mess but noted the purpose of his request is to bring the site up to code. It is also to make money, as the two go hand in hand. He stated if he is not allowed to construct the proposal, he will meet the conditions of the conditional 17 use permit and continue to.operate with the business as-is. He noted however, if he lived 18 across the street from the site, he would want the addition as it is an upgrade. He stated he 19 will provide the requested landscaping and was willing to provide the City with a cash escrow 20 to guarantee this. 21 Wagner stated he understood why the townhome owners were upset. Mr. Rosar had not kept 22 his word in regard to the promises he made originally. How does anyone know he will keep 23 his word this time. 24 Mr. Rosar noted they don't but what is on the site now is not good. He reiterated that he'was 25 told CUB Foods and Knox would be located in Apache. He stated he will provide the 26 landscaping whether the request is granted or not. 27 Mayor Ran allo noted that CUB did locate in Apache and still nothing was done. The City 28 wrote letters to Mr. Rosar in regard to the requirements of the existing conditional use permit 29 and Mr. Rosar did not even respond. 30 Mr. Rosar stated if the request is not granted, he will operate the business as-is, although this 31 does not make sense to him. He will fix the parking lot and meet the aesthetic requirements. 32 isMarks stated he did not see a hardship in this case.