HomeMy WebLinkAbout1987 [12] Dec 07
Minutes of the St. Joseplb. Planning Commission
Decembe~ 7, 1987
Members present: S. Kathleen Kalinowski, Art Budde, Ben Kremer,
Phil Durkee, Tom' Nahan, Hub Klein.
Others present: Marilyn Hendrickson, Ross Rieke (Council laison).
Ben called the meeting to order at 7:30 p.m.
The Minutes from November 2 were read and app~ved.
Marilyn Hendrickson sought guidance from the Planning Commtsi!~,nn
concerning the poured slab for a garage that had inadvertently
encroached on a utility easement located between their property
and Hub Klein's. The proposed garage is 26' x 28'. The concrete
extends to about 11 feet from the property line, but the easement
extends almost 20 feet into thèir property. A building permit was
issued on August 23, 1987 by Bud Reber and attested by the City Clerk
permitting the construction because Bud had not realized that the
easement was 20 feet instead of the usual 10 feet. The building permit
states that the owner shall comply with all City ordinances during the
construction.
When the mistake was discovered after the slab had been poured, the
City Clerk issued a Stop Construction order on October 22, 1987.
However, the order still mistakenly stated that the easement was
10-foot rather than 20-foot. After reviewing documents and verbal
acco~t, the Planning Commission felt that while Bud m~e an error
in not verifying the exact location of the easement at the time the
b'uUding permit was issued, the building contractor errored by not
having the worl: inspected before final pouring as is required by the
Ordinance.
The City Attorney in a letter to the City Clerk advised against
issuing a variance and giving up any authority or jurisdiction to
the easement. Art Budde moved to recommend to the Council to continue
the Stop Construction order and to advise the Hendricksons to consult
with their contractor and/or their attorney concerning a satisfactory
resolution of the issue. The motion was seconded and passed unanimously.
The meeting was adjourned.
Respectfully submitted,
fM¥ Ù~
Phillip Durkee