10-27-1986 Council Packet - Laserfiche WebLink

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101786.11 l-;7 TO: Mayor and City Council �7 OCT � ! i�co FROM: dark B rnhardson, City Administratori�l'�x� DATE: October 17, 1986 SUBJECT: Appeal of Administrator's Decision - Joseph Mimnus ATTACHMENT A) Mike Gaffron Memo Dated 10/15/86 B) Joseph blimms Letter Dated 10/14/86 ISSUE - Appeal of Administrator's decision requiring surveys on all properties when requesting a building permit when such a survey is not on file. DISCUSSION - Attached is a reque3t to an appeal of the Administrator's decision requiring a survey in the particular case of Mr. Mimms when he is constructing a garage on the site of a demolished garage. For all appearances is well within the required 10 foot side yard and rear set backs for construction of such a structure. Prior to July 1986 the staff under the building code requirement cited in Michael Gaffron's attached memo felt a survey is needed for location of the building and once surveyed that can be used for future changes to the property. Because of differences in staff interpretation as to when this is used it was decided that commencing July 1, 1986 staff would require a survey for all building requiring a building permit regardless of location of possible setbacks. Staff began this requirement as there have been numerous cases in the past in which reople have indicated that setbacks were not a problem and they have ended up locating structures in side yard, rear setbacks, or over property lines. It was felt that the survey requirement, which has an initial cost of $300 to $500, is a reasonable one-time expense for the property owner. While staff consistently maintains they have no liability in the siting of buildings when dependent on the property owner's word, this does lessen the City's exposure to suit and also make -urveys available for other changes on that property by the cu t or future property owners. In this particular .._tuition Mr. Mimms fe that the expenditure is not warranted and would like the requi _nt changed, at least in his particular case. It is quite possible that the back side of the garage is at least 70 to 80 feet from the rear property line and 100 feet from the side lot lines. Mr. Mimms original concern in the appeal was a timing factor in that he wanted to pour the slab before the weather made such pouring impractical. It was indicated to him that staff would allow him to apply for the permit and have the permit issued and allow work up through pouring of the slab to be undertaken, however, that no work beyond that could be done until a survey 1