AGENDA #5c
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Report on Zoning Violation at 119 Christine Court
DATE: May 28, 2003
The purpose of this report is to respond to a petition from Mr. Wayne Poerio that was submitted to the Town Council on May 11, 2003. A copy of the petition is attached. We recommend that Council take no action.
BACKGROUND
When the Parkside II Subdivision was approved by the Town Council, 17 lots were identified for size-restricted houses, as required by the Development Ordinance in place at that time. The restrictions require that the size-restricted homes remain the same finished square footage for a minimum of one year from the date of the issuance of a Certificate of Occupancy. The size-restricted homes in Parkside were built with an unfinished attic. The unfinished attic was inspected during initial construction by the Town’s Building Inspectors and considered to be unfinished space.
Mr. Poerio owns the single-family house at 119 Christine Court in the Parkside II neighborhood.
· September 26, 2002: Mr. Wayne Poerio’s home at 119 Christine Court was issued a Certificate of Occupancy, and therefore the house is required to remain at the original square footage until September 26, 2003.
· January 13, 2003: Mr. Poerio petitioned the Town Council to release his property from the size restrictions earlier than the September 26, 2003 date so that he could complete the unfinished attic of the house.
· February 10, 2003: The Town Council took no action on Mr. Poerio’s request to be released from the time limit, leaving the restriction in place until September 26, 2003.
· April 3, 2003: A Stop-Work Order was issued at 119 Christine Court when a Building Inspector witnessed carpet installers finishing the attic of the house. The Stop-Work Order was issued for ‘building construction without a permit,’ and ‘violating the Zoning Compliance Permit.’ We believe that the owner stopped all construction activity after he received the Stop-Work Order.
· April 15, 2003: The Final Written Notice of Zoning and State Statute Violations were sent certified mail, regular mail, and hand delivered to 119 Christine Court. This notice was consistent with previous actions to inform Mr. Poerio that he could not finish the attic of the house until September 26, 2003. We note that the unauthorized expansion of the size of the home is a violation of the Land Use Management Ordinance; the extension of plumbing and electrical systems in the house, performed without a building permit or required inspections, is a violation of the Building Code.
· May 9, 2003: Mr. Poerio came into the Inspections Department and explained that he does not intend to remove the finished materials on the second floor of his house to comply with the applicable laws.
· The owner has not appealed the zoning Notice of Violation, and the 30 day time period for appeal to the Board of Adjustment has expired.
DISCUSSION
Mr. Poerio has extended the electrical, mechanical, and plumbing systems to the attic and installed flooring and carpet, in violation of the State Building Code and the Town’s Land Use Management Ordinance.
We cited the owner regarding these violations, and provided information about opportunities for appeal of the determination of violations to the Board of Adjustment. No appeal was filed.
If we are unable to resolve this matter with the owner, we will proceed with Court action and seek an Order requiring the removal of all work done without being properly inspected and in violation of the Building Code.
SUMMARY
We recommend that the Council take no action. We will continue our standard process to pursue compliance with Town regulations.
ATTACHMENTS
1. January 3, 2003 Petition from Mr. Wayne Poerio (p. 3).
2. February 10, 2003 Response to Petition (p. 4).
3. February 24, 2003 Letter to Wayne Poerio (p. 6).
4. April 15, 2003 Notice of Violation (p. 7).
5. May 11, 2003 Petition from Mr. Wayne Poerio (p. 12).
6. May 14, 2003 Notice of Penalties (p. 13).