10-08-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 8, 2003 pointed out that the City has to be consistent in its application of the Codes, and property owners cannot build without permits and be then exempted from Code compliance. The City Administrator noted that when the slab was first put in last year Mr. Cossack was notified of the violation and told to stop construction. Mr. Cossack continued construction ignoring the City's repeated notifications to stop. It wasn't until the spring that Mr. Cossack and the Building Official went back and forth on site plan reviews. Cossack indicated that he has been getting no direction from the Building Official. The Administrator pointed out that the issue is that NIr. Cossack was building without a permit as well as a structure that was not allowed by Code. The Administrator stated that it is his position that the Building Official has not taken the matter to a personal level, but has handled the situation as professionally as possible. The Building Official has not been able to get Mr. Cossack's cooperation, nor is it his job to design a building for Mr. Cossack. Fahey pointed out that the Council has directed Mr. Cossack to follow one of the options outlined in the September 25'x' letter. Fahey also suggested that if the Code needs to be clarified, then the City Attorney should prepare a text amendment to more clearly state how structures can be combined. Fahey pointed out that the Code does not provide for the combination of two structures via a 25 to 40 foot breezeway, covered walkway, or tunnel. Fahey suggested that Mr. Cossack meet with the Building Official to determine what an appropriate connection would be as allowed by Code. Fahey stated that he does not think the connection of the two structures will be as simple as Mr. Cossack would like it to be. Cossack asked if there was anyone else he could work with other than the Building Official. Fahey reported that there was not, but suggested that Mr. Cossack bring along a professional so that there would be an understanding of the specific Code requirements to attach the two structures. The City Atton~ey indicated that the Code provides for a procedure to be followed for denial of a variance in Section 922.020. The Attorney recommended that Mr. Cossack be sent written notification of what he needs to do to appeal the variance denial. The Attorney also reported that the pretrials have been set on the existing building violation citations.