10-12-1994 Council Agenda - Laserfiche WebLink

Home Browse Search

OCT 07 '94 06:56 FREGRE & BENSON P.3 contradicts the testimony of your building inspector and precedes the date of the permit Issued on September 26, 1988. (I respectfully call your attention to Code Book sections 501.030 and 501.040). A variance was also required for the side yard setback of this garage end no such exemption from regulation was obtained (See: Code 503.010). In the Spring of 1989, when I obtained a permit to extend and existing fence, a survey taken revealed that there was no entrance for the newly - constructed garage on Mr. Ryan's property. As a result, 1 was the named defendant In no less than three lawsuits entered by Mr. Ryan, In each, the Issues were the same: easement by prescription, adverse possession, and practical location. All three actions were denied In Court. John Ryan has a total property of no more than 7.62' on Keller Parkway. The minimum entrance allowed by City Code Is 9.0' (See Code Book p.48, item F). The county requires a 12' minimum plus 5' setback to each side. Encroachment of my property is clearly and obviously evident and refutes Mayor Ray Hansen's letter dated August 16, 1991. The City knew or should have known that the property Is torrens property. The City knew or should have known that the building permit must be Issued before construction is complete. The City knew or should have known that a variance was required. it should have followed its own adopted Codes and procedures. Ali facts are and have been within the City Hall. Its actions are Inexcusable. I understand the building Inspector is no longer employed by the City of Lithe Canada but 1 expect restitution. Mr. Ryan continues to encroach upon my property using his commercial vehicle (See Code 403.050) and I want it stopped. As I have told you, Mr. Hanson, "The City created this problem; It should take care of the problem." I hope you'll seriously consider my proposal. My proposal as outlined above expires on October 15, 1994 at which time I will begin a media coverage campaign. Very Truly Yours, William John Schmidt -2- Page 15