CE 08/11/2016 Minutes - Laserfiche WebLink

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Vivian Cocotas, City attorney's off advised that based on the informatio. iey had, this case was initially initiated in 2007 and an order was entered for non-compliance for not having a building permit on 5/5/2008. It appears based on some communication that on June 24, 2008 the City wrote to the property owner, he was apparently seeking a variance regarding the retaining wall. The permit the property owner provided was from July 2008, in June 2009 the City wrote to the property owner stating the permit could not be approved without having certain items. The code fine has been accruing since its entry in 2008. The Special Magistrate stated in May 2008 there was a finding of violation because there was no permit. In June 2008 there was an indication the owner was seeking a variance for the construction. In July 2008 the permit was applied for. Ms. Cocotas advised the permit was applied for on July 8, 2008. In correspondence from June 24, 2009 to the property owner from Kelly Brock indicating Public Works was in receipt of the June 1, 2009 construction permit application indicating items to be addressed before the permit could be approved, there was not a response to the permit application that was submitted in 2008. It appeared that in 2009 there were some contingencies that had to occur before the permit could be issued. The Special Magistrate asked what happened to the variance. Ms. Cocotas advised that on June 24, 2008, Kelly Brock sent a notification to the property owner. The notice stated the applicant was proposing to relocate a retaining wall previously constructed on the site, as a result of the denial of the variance request fiom the applicant regarding fill within the floodplain, Public Works was unable to sign off on the Building permit application as proposed. The Special Magistrate stated so long as there is no variance granted, there is no permit that was going to be granted. There was indication in the letter the owner wrote that as of 2011 everything was fine, permitted and completed. The Special Magistrate asked if there was any information that this property has ever gotten a permit or granted a variance. Ms. Cocotas advised that based on the materials she had access to; she was not aware whether or not a building permit was ever properly secured. The Special Magistrate asked the owner, in a letter attached to the packet, dated July 22(2016) to the Code Enforcement Board. The letter basically laid out the argument of why he should be granted a zero, a portion of the letter was read. The Special Magistrate asked when the owner was granted a permit. Mr. Pieski stated it depended on which permit was being spoken about. The Special Magistrate asked which pen -nit was being spoken about in the July 22 (2016) letter. Mr. Pieski advised it was the permit the Kelly Brock and Building and/or Public Works granted after a number of plans were submitted and finally one was acceptable to the City allowing him to proceed with the rectification or remediation of the problem. During the trials or submitting the plans and drawings, many of which were rejected the fine was accruing. The Special Magistrate asked for a year. 5Page