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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.