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"• Resolution No. <br />Page 5 <br />33. The building permit should not have been issued <br />when the tavern application was pending. <br />34. As of an inspection on March 6, 1978, no construction <br />activity had occurred. <br />35. Subsequent documentation in the city files shows <br />that footings for the building were designed by <br />Fischer Engineering on April 7, 1978 pursuant to <br />Braun Engineering recommendations dated March 14, 1978. <br />36. Said engineering should have been required prior <br />to permit issuance. <br />37. Pursuant to State Building Code, Section 302 (d), <br />building permit #3696 expired on -April 21, 19783, 120 <br />days after issuance with no construction progress as <br />of that date. <br />• 38. During late 1977 or early 1978, McCleary moved <br />out of state (to Beaverton, Oregon). <br />39. The City staff was unaware of any intent to proceed <br />with the building project. <br />40. On April 26; 1978, McCleary applied for rezoning of <br />a portion of the marina property. <br />41. During review of this rezoning application, including <br />continued review of the previous dredging application, <br />the Planning Commission and Council discussed numerous <br />different applications by McCleary with him and with his <br />representatives, and on July 11, 1978, with McCleary's <br />attorney present, the Council directed the City staff <br />to prepare a resolution denying the rezoning and setting <br />strict limits*on the interpretations of allowed uses on <br />the property. <br />42. On August 8, 1978, a building permit STOP WORK ORDER <br />was posted on the site after,a backhoe operator had begun <br />digging footing trenches. The permit had expired, the <br />• trenches were partially filled with water, no construction <br />' plans were on site and the operator could not or would not <br />say who the contractor was. There was no evidence as to <br />what the actual intent was.. <br />