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10-27-1986 Council Packet
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10-27-1986 Council Packet
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1/20/2026 10:48:49 AM
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Joseph Mimms - Request for waiver of Survey <br />October 15, 1986 <br />Page 2 of 2 <br />The July 1, 1986, policy change to require surveys for all work <br />was the result of staff being challenged repeatedly regarding <br />judgement as to what is an -)bvious encroachment and what isn't. It is <br />harder to require a survey in the cases where one is unquestionably <br />needed if it becomes a judgement call rather than a blanket policy. <br />Mr. Mimms' project is one for which we possibly would not have <br />waived the survey requirement under our old policy. Under the current <br />policy, we have required surveys 100% of the time with no exceptions. <br />Staff feels it would be a serious undermining of our authority and <br />credibility if this request is granted, especially since Mimms' <br />project is essentially to construct an entirEw structure starting <br />from the ground up, and is certainly not an interior remodel. If the <br />old structure was located with substandard setbacks, this is the <br />City's chance to have it moved to the appropriate location. A survey <br />is the best and certifiably accurate way to identify the location of <br />the structure. <br />Mr. Mimms states that "informal staff guidelines mandate 10 feet <br />of clearance". This is not true and was ever represented to Mimms as <br />an "informal guideline". The zoning ordinance clearly states the <br />required 10' garage setback from the rear lot line in Section 10.61, <br />Subdivision 5 (A). <br />I must strongly recommend that a waiver of the survey requirement <br />be denied. <br />
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