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Fielding attorney advises compiling records, reissuing demand for property built outside approved variance
Summary
Council members and the town attorney reviewed a case where a building was constructed outside the approved variance and partially onto city property; the attorney advised compiling paperwork, reissuing a demand letter and allowing 30 days before filing for an injunction if the owner fails to comply.
Council members discussed a property that, according to council documents and the drawings submitted with a prior variance, was not built in the approved location and now encroaches on city property. The council had previously voted that the structure needs to be moved.
The town’s recently introduced attorney, Donaldson (S6), advised the council to assemble all documentation, reissue a demand letter (a demand letter was previously issued in January), and give the owner a 30-day timeline to comply. If the owner fails to comply, Donaldson said the usual legal next step would be to seek an injunction and a court order requiring removal. “Send out a demand letter that needs to be moved based off of that vote. Give a 30 day timeline. We'll do a final notice after that. And if they don't do that, you would file for an injunction,” S6 said.
Council members discussed that the building was permitted under an agricultural exemption at the county level but that the submitted drawing and approved variance included different setbacks; the attorney said the city’s focus should be whether the variance was followed and whether the city’s paperwork was complete before taking enforcement action.
The council did not vote to file legal action at the meeting; members asked staff to compile the paper trail and to return when the documentation was ready so the council can decide whether to reissue the demand letter or to pursue further legal remedies.
