PC 08/28/96 - Laserfiche WebLink

7. MATTERS INITIATED BY COMMISSION MEMBERS . !h Proiects Built without Citv Aooroval Mr. Cserson presented the staff memorandum regarding the unfortunate, but not uncommon, situation of when a project is constructed without City approval and what should be done in these situations. This situation creates a difficult position for decision-makers to make a determination after the applicant has spent money (sometimes a considerable amount) and the project is not up to Code. The basic and most clear way to deal with this situation is to treat all applications as a new project and try not to consider the pre-existing situation. City decision makers should deal with the application as if the pre-existing condition was not there and make the conditions for approval or denial necessary to institute the City requirements. The situation is aggravated when applicants profess they didn't know the "rules." Another option of dealing with structures after the fact is on a penalty fee basis. The code allows for a double charge for building pennits that are issued for structures after the fact. This is not the case for Planning fees at this time. Upon recommendation of the Commission, there is the option of the City Council approving a fee structure of doubling or tripling the planning fee. State law does allow cities to impose penalties of up the $1,000 in these situations. In response to Commissioner Cooper, Me. Iserson noted that this situation is usually, but not always, residential in nature. Businesses can create problems when seeking a business license after signing a lease and finding the use is not allowed or needs a use pennit. . Commissioner McGuirk commented that the Commission has the control of telling applicants to remove a structure, but they always seem to mitigate the situation, which makes no one happy. These situations need to be decided on a case-by-case basis, but he feels the Commission needs to dig their heels in. However, enforcement would be another whole issue. Mr. Iserson noted a few instances where the applicants were granted approval by the Council, but not without making modifications to their structures. Commissioner Cooper feels there should be some penalty or pressure should be brought on the contractors who do this work. Commissioner Lutz recalled one instance where the contractor told the owner he either didn't need pennits or the contractor would take care of the pennits. Commissioner Dove does not feel that even tripling a fee will prevent this situation when the penalty amounts to only $75. He would like to see the penalty be $1,000. Me. Beougher advised that until the City Council adopts a fee structure, the Planning Commission cannot assess penalties. Sellers of homes are a big percentage of those who come in for permits after the fact in order to make their house legal in order to sell it. . Commissioner Lutz feels the Commission should consider an amnesty period. Mr. Iserson commented that he would not want the public to get the feeling the amnesty period was an automatic Planning Commission Minutes Page 16 August 28, 1996