HomeMy WebLinkAbout09/26/1978 - Minutes - Planning & Zoning CommissionMINUTES
Emergency Planning and Zoning Commission Meeting
September 26, 1978
4:30 P.M.
Members Present: Chairman Stover, Commissioners Jones, Watson, Burke; City Planner
Mayo; City Engineer Ash; Building Official Koehler; Building
Inspector Perry,, Inspector Bostick; Community Development Planner
Callaway; Planning Assistant Longley; City Council Liaison Hazen.
Members Absent: Commissioners Sweeney, Matthewson, Etter.
The meeting was called to order at 4:30 p.m.
Aaenda Item No. 1 -- Consideration of plat revisions - Raintree Section 2 and
Southwood Valley Section 9.
Mr. Mayo explained the location of the lot in Southwood Valley 9 and that a note on
the plat denied access Ponderosa Road. He also pointed out that the Building Permit
signed by the builder obligated him to comply with all City codes and all require-
ments of the plat.
Mr. Koehler showed the Commission the original perm its and the check list his office
had filled out on the permit.
Mr. Larry Marriott, owner and builder of the house, stated that he had failed to
read the plat thoroughly enough and had made an honest mistake.
Commissioner Watson suggested that the statement on the permit was unclear and that
builders probably did not know it existed when they signed the permits.
Chairman Stover pointed out that this was their responsibility as builders.
Commissioner Watson stated that both the builder and the staff had made a mistake
in this case.
Mr. Mayo pointed out that the error was found at the framing inspection and that work
on the house could have been stopped then, but that Pqr. Marriott continued with con-
structon.
Building Tnspector Perry stated that he "red-tagged" the house when he saw the drive
formed in the wrong location.
Mr. Koehler stated that in cases where the cause of the red tag is not related to
the structure or framing of the house, they allow the Builder to continue with con-
struction at his own risk.
'I Mr. Mayo advised that there were no practical solutions to the problem unless Mr.
Marriott could obtain property from the adjacent lot allowing for a driveway off of
Brothers Boulevard.
Mr. Marriott stated that this would not be possible.
Mr. Mayo stated that the Commission could either alter the notation on the plat,
MINUTES, Emergency Planning and Zoning Commission Page 2
September 26, 1978
4:30 p.m.
which would require Council approval, or take no action, thus leaving the house in
violation.
Mr. Koehler stated that the house was in violation of the Subdivision Ordinance and
that a fine of $200.00 per day could be assessed.
Mr. Mayo noted that he and Mr. Ash were going to start checking all plans for com-
pliance to ordinances and plats so this problem should not occur again. He stated,
however, that is was important that the City back up its ordinances and plat require-
ments.
Mr. Ash stated that he had just spoken to City Attorney Lewis by telephone and that
Mr. Lewis advised that action, or inaction, on the part of a City official in no way
negated the requirements of City codes and that the builder was obligated to comply.
He also advised that a judge would consider the willfulness of the act by the builder.
Following a discussion, Commissioner Jones moved that the plat be modified to remove
the lot involved from the note denying access to Ponderosa Road.
The motion was seconded by Commissioner Watson and approved with Commissioner Burke
voting against.
Commissioner Burke stated that she felt the builder assumed a risk when he applied
for the permit and that he should be aware of the codes and p1 at requirements.
Mr. Mayo pointed out that the location of the two houses involved in Raintree. He
noted that these two houses were completed before the problem was caught. He also
noted that the problem was less serious because several other lots in the area had
to take access onto Raintree Drive.
Mr. E. W. Schultz pointed out that valley gutters between the two cul~de~sacs slowed
traffic to a safe speed.
Commissioner Jones moved that the two involved lots be removed from the note denying
access to Raintree Drive.
The motion was seconded by Commissioner Watson and approved with Commissioner Burke
voting against.
The owner of one of the houses asked if they could get their utilities turned on now.
Mr. Koehler stated that he would recommend that utilities be turned on, conditional
on Council action. He pointed out that °f the Council disapproved the plat changes,
the utilities would have to 6e cut off and the house vacated within 24 hours.
The owner of the house indicated that he would not occupy it until after Council action.
Commissi~pner Burke Moved that the meeting be adjourned.
The motion was seconded by Commissioner Jones and unanimously approved.
The meeting was adjourned at 5:35 p.m.