City Council Agenda and Packet 1979 08 11

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Amightkr W75, 410 COUNCIL COMMENTS & COMMITTEE REPORTS MESA POINT - MRS. KNOTT Councilmen Berm, DiCarlo and DelPiaso stated that they received a telephone call from Mrs. Knott in Mesa Point. She stated that after they purchased their hoarse, a building was started next door which they felt is in violation of sot back regulations. She stated that they called the City Inspector who looks at the location and found it not in violation. Mrs. Knott said the builder had applied to the Board of Adjustment and it was denied and now they are re- questing the variance again. Construc- tion is still going on and Mt. & Mrs. Knott have hired an attorney and filed for an injunction. Mr. Wurl stated that the same request for a variance is heard only once by the BOA and if denied. it then goes to court. Mr. Drumm stated that he was not aware of the variance going before the BOA previously. He also stated that a letter was sent to the contractor notifying him that he was in violation and any • further construction on the house was at his own risk. Mr. Drumm noted that the builder does have a right to request a hearing for a variance and come before the Board. Mr. Drumm also stated that the plans were apprvoed by the City with the in- correct set backs and the Board of Adjustment will determine whether the house will need to be relocated or if they will allow the encroachment. Councilman Berry stated that he did not feel the BOA should be used to correct a City mistake. Mr. Drumm stated that boing before the BOA is the legal procedure to remedy a problem one way or the other and it is the option of the party in violation to request the hearing. After discussion Council decided to table the mattes until after the BOA hearing on July 19, 1979.