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Resident asks commission to investigate building department's handling of construction time limits
Summary
Dan Higgins told the Planning Commission that a nearby project has been under construction for nearly 45 months and said the building department has told him extensions are automatic despite a code requirement that time-limit extensions come before the commission; staff said it will follow up in the director's report at the next meeting.
During the public-comment period, resident Dan Higgins said a long-running project across the street from his home will hit 45 months in five days and that the building department told him extensions are automatic. Higgins said he found a Mill Valley code provision that sets mandatory time limits (24 months for projects under a specified cost threshold) and requires applicants seeking an extension to come before the Planning Commission. "When I ask, are you following the Mill Valley code . . . I get told that extensions are automatic," Higgins said, asking the commission to place a query to the building department on a future agenda.
Director Kelly responded that staff would follow up and report back at the next meeting, noting both state law and the city's local code are at play and offering to detail the specific code provisions and prior cases (for example, a 500 Miller project where a time extension was handled previously). The commission did not take immediate action other than to ask staff to address the concern in the upcoming director's report.
