09-25-1989 - Agenda Packet City Council - regular meeting

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To: Jeanne A. Mabusth, Building & Zoning Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 19, 1989 Subject: 2240 Devin Lane - Background on Detached Garage A few of the Planning Commissioners during the review of the Emfield application apparently felt that they should be "slapping a few hands" since the documentation appears to indicate mistakes and lack of follow-up by staff. Although Planning Commission (as merely an advisory body) has no authority to publicly chastise staff, both you and I share the concern that whatever mistakes were made should be rectified and not occur again. To this end, I have reviewed the file and history of events with Inspector Lyle Oman. Lyle indicated that this occurred during his first season as an inspector, and he probably was not aware of the 10' setback requirement. Further, at that time he surmises that when an inspection for the garage footings was requested while he was doing a deck inspection, he presumed that a permit had been issued and it did not occur to him that someone would build a garage without the necessary permits or approvals. He proceeded to do the necessary final inspection over the winter but apparently never became aware that a permit was lacking. Lyle indicated he does not recall what precipitated the December 1985 "Stop Order" although I recall some discussions with Chuc;: Van Eeckhout, who was proposing to build on the next lot to the east, regarding his concern over an apparent lot line setback encroachment of this garage. At any rate, an inspection was made in December 1985, a Stop Order was posted a.id the property owner was notified to call the inspector. The property owned claims to have contacted staff on December 31, 1985 and states that the contractor, Ridgeway Construction, was supposed to have settled the matter. Obviously, they never did and another notice was sent on June 17, 1986 to the property owner. On June 27, 1986, the property owner sent the letter advising that they had again asked their contractor to contact the City to resolve this. There is no further indication in the file that the contractor ever contacted the City. This item has appeared on the City Administrator's PID listing of unresolved issues, for a number of years. In that respect, the issue has not been ignored, but, although not trying to minimize the importance of the issue, because the garage was already built, it is likely that in relation to more pressing day-to-day matters, the issue was not actively pursued. The intent is likely that it would be followed up as time permitted or when new activity occurred on the property. In a situatin such as this, staff's policy has been to issue no new permits until old issues are resolved.