10-01-1990 WS - Laserfiche WebLink

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L • MEMORANDUM Memo To :Mayor and Council Members From :Ric Minetor, Acting Clerk-Administrator Date :September 27, 1990 Subject :Drainage Problem between Scott Hyser - 7340 Spring Lake Road and Gerry Glomski - 3001 County Road H-2 Attached are the letters that I sent to Mr. Hyser and Mr. Glomski in early August of this year. Also attached are the grading plan Mr. Glomski submitted as well as the elevation map Mr. Hyser submitted. I have discussed this issue with the Council before, and copied you on the letters I sent to these gentlemen. I previously explained that this was a controversial issue between these neighbors and that the City was attempting to take a neutral position and strictly intrepret and enforce the Municipal Code. To this end I have discussed the drainage problem with the City Attorney on a number of occasions, and have proceeded on this matter cautiously. Mr. Hyser contends that Mr. Glomski has created or exasperated a drainage problem by grading his lot. The attached letters explain that the City is limited to the time period we can consider in 0 reviewing the issue . The point in time where we gained jurisdiction was at the time Mr. Glomski began additional grading and fill work; and we required a grading plan from him. However, the code does not require a detailed hydologic analysis or comprehensive drainage plan. The grading plan submitted addressed the obvious problem at the time of the new work. The 'real' problem according to Mr. Hyser is that the work originally done (prior to our having jurisdiction) created the current condition. Mr. Hyser submitted an elevation map to document his contention; however, this was after the original work and does not give the indication that a drainage way existed across Mr. Glomski's property. Our opinion is that the work done under Lhe grading permit aid not create aaditional problems nor cause a worsening of the conditions. The work done prior to the grading permit is not regulated by the City and therefore must remain a civil matter. Mr. Hyser has won a judgment in conciliation court, but this is being appealed by Mr. Glomski. Mr. Hyser is concerned that this "loop hole" he perceives in the municipal code be eliminated. While it may technically be feasible to require any landscaping, grading or similar work to receive a building permit; it is usually not practical for the City to monitor each and every case. Occasionally an incident such as this will occur. The • question for Council to consider is at what level and to what extent are our municipal regulations going to take effect.