03-25-1991 Council Packet - Laserfiche WebLink

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r The Honorable Mayor Peterson and Members of the City Council March 20, 1991 Page 2 developer. The lot was undersized and any development would have required a variance. In order to avoid a variance application the City suggested that Ms. Cuff purchase Lot 17. Ms. Cuff decided to buy Lot 17, in part, because of the City's representations that the lot would be perfect for an addition to the homestead or for a garage, and that obtaining a building permit would not be a problem. At the time the city made its representations, City records regarding Lot 17 did not indicate that the Property was a drainage site for water run-off. The City has now apparently taken the position that the Property has always been considered a drainage area or natural waterway. The City has informed the Cuff's that a building permit will not be issued for the Property until the water drainage problem is cured. Accordingly, the Cuffs can neither expand their house nor build a garage on the Property . The drainage problem may be traced to the City's construction of the area's infrastructure (i.e. streets) and to the city's removal of a culvert under Livingston Avenue in front of the Property. The street in front of the Property became the lowest point in the surrounding area when the culvert was removed. As a result, water accumulates in the street and flows onto the Property. In January, 1989, the City's Public Works Department constructed a trench on the street between Lot 16 and Lot 17, 20 feet into the Property, in order to drain the low spot on Livingston Avenue. The trench caused further problems to the Property. The Cuff's Property has become the site for excess water run-off from city streets, seriously impairing the Cuff's use of the Property. The water drainage problem and the City's refusal to issue building permits have prevented the Cuff's from improving their existing homestead. Had Ms. Cuff been aware of the drainage problem and the possibility of not obtaining a building permit, she would not have purchased Lot 17. The Cuff's have made a valiant effort to work with the City to solve these problems. Pursuant to city procedures, the Cuff's submitted a written request seeking assistance in correcting the Property's drainage problem. At City Council meetings of February 27, March 27, April 24, and May 22, of 1989, the Cuff's request came before the City Council. During the time period between February and May 1989, the City -----------------------------------------------------------------------------------W..--.—