News : When a building permit “isn't worth the paper it's written on”

It began when Marvin and JoAnn Roster decided to build a larger garage at their home on 17th St. They followed all the rules. They drew up the plans and submitted them to the city. The city approved the plans and issued the building permit with its stamp of approval.

The Rosters proceeded to tear out the landscaping and prepared the footings. This is just about the time that the city realized that they had made a mistake.

Construction requires a 25-foot setback, and this plan only left a 5-foot setback encroaching on the front yard.

A "Notice to interested property owners Board of Adjustment" was sent out to the neighbors and a hearing was held last week on the application for a variance to the City's Zoning Ordinance. 

In the discussion, the Rosters stated that they wanted to build to remove their vehicles from the street parking that seemed to irritate the neighbors. The neighbor then responded that they were afraid that a business would pop up in the garage.

Another neighbor voiced concern about the safety of the street noting that traffic speeds down the street. They feared that the garage could prevent drivers from seeing the oncoming traffic. 

It was noted in the meeting that this was indeed a case of the permit “not being with the paper it was written on.” Technically now true. 

The city's attorney directed the board that they could not really change the variance. This is a law that would need to be changed by the council. He explained that once you make an exception to the law, others will want one. 

Another exception had already been made in the last few years. A garage was built without a permit being sought and it was allowed. In the case of Rosters, permission was granted, construction started and now it won't be allowed.

The Rosters may be stuck with costs that they've incurred to build a garage, even though they followed the rules. 

The city attorney instructed the city to contact their insurance company, but as he stated, the insurance may or may not cover the mistake. 

It's one of those honest mistakes that happened. The person who used to handle code enforcement is no longer on staff,  so others are filling in, and they got it wrong. 

But where does that leave the Rosters? I don't think the city has a "Dang it, we messed up fund," so it will go to the faceless insurer to make the Rosters whole.  

At the very least, it will involve sitting down at the kitchen table to make another list. This time they will have to prove their expenses incurred for the unfinished garage. Then they will no doubt have to approach the city, and jump through more hoops to be refunded...and all the sweat equity that they put in themselves, will no doubt be a donation.

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