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L <br />REQUEST FOR COUNCIL ACTION <br />MAY 2 7 201JJ <br />city Ui- <br />Date: May 23.2003 <br />Item No. <br />Department Approval:Administrator Approval: <br />Name: Michael P. Gaffron j <br />Title: Phuming Director ^ <br />Agenda Section: <br />Zoning <br />Item Description: #2636 Gary & Susan Cable, 3532 Ivy Place • Authorize Lis Pendens <br />List of Exhibits <br />A - Memo to City Attorney 3-31-03 <br />B - City Attorney Letter to Applicants 4-4-03 <br />C - Letter to Applicants 5-23-03 <br />D - Resolution No. 4671 <br />E - Current Hardcover Review <br />Backgronnd <br />Please review the attached memo to the City Attorney, Briefly, the Cables have failed to remove the <br />‘ice house ’ structure per the conditions of Resolution No. 4671 (adopted July 23, 2001) which <br />denied a hardcover variance for the property. Further, they have since that resolution paved the <br />driveway much wider than was approved with their Nov. 2000 building permit, creating hardcover <br />far in excess of the 25% limit in the 75-250’ zone. <br />The Cables have been occupying the residence under a Temporary Certificate of Occupancy since <br />April 4, 2001. Resolution ^71 required removal of the ‘ice house ’ by August 17, 2001, and <br />required its removal prior to issuance of a final Certificate of Occupancy. No final C.O. has been <br />issued. <br />An inspection on May 22, 2003 by Bruce Vang and myself found that the site also contains <br />sidewalks and retaining walls not authorized with the original building permits. Total hardcover as <br />it exists today is approximately 800 s.f over the 25% limit. <br />The property was put up for sale this week. I have briefly discussed the issue today by phone with <br />Gary Cable and advised him of Tuesday’s meeting. I am meeting with Gary this afternoon (Friday). <br />I have also briefly discussed the issues with the realtor. Bob Ritter, advising him of the need for <br />disclosure of the outstanding violations. <br />COUNCIL ACTION REQUESTED <br />Motion to authorize the City to commence legal action to gain compliance, starting with filing of a <br />lis pendens to notify all parties of pending legal action on the property.