ROAD ACCESS CODE DETOURS PERMIT
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REASONS BEHIND BUILDING PERMIT DENIAL 11-16-11 LMS

All parties involved in an appeal of a building permit decision found resolution to the issues at the November 16 meeting of the Salmon City Council.

Andrew Stenersen applied for a permit to build a house in the Gilmore Subdivision. The permit was denied by City Zoning Administrator Dan Maiyo on the grounds of the City Development Code which requires that all developments have access to a safe, dedicated public street. The home Stenersen wishes to build would be located at the end of what is platted on the 1910 subdivision map as 13th Street. Even though the ‘street’ is more like an open field it legally exists as a public right-of-way. Until now the street has never been needed and therefore never developed into a paved roadway which is what city code demands if it’s to be used as access to a house.

Stenersen explained the history of the property and the subdivision to members of the City Council and said the street issue is the only reason the building permit was denied.

He said he has talked with neighboring property owners and their only request was that he use 14th Street as an approach to his house since a portion of 13th Street is landscaped and has a garage in the middle of it. Stenersen said he has no wish to disturb any of that.

As far as requiring Stenersen to pave, curb and gutter an access road to his house Maiyo reported, “The ordinance is silent with respect to the owner’s obligation to construct the street section.”

Stenersen said in talks with Maiyo and City Administrator George Ambrose he learned the city doesn’t want a paved street in that area due to run off concerns and potential down stream damages.

After much discussion the council accepted Stenersen’s proposal that he will, at his expense, widen the roadway to suit emergency services access needs, gravel it and maintain it.

City plans call for replacing an existing water line under the road sometime in the next three years. Following completion of the work Stenersen would continue to maintain the road section that basically dead ends at his property.

It was decided that a decision on Stenersen’s building permit appeal would be tabled until a site specific Development Agreement between Stenersen and the city is written and reviewed.

Discussion of that agreement will be listed on the City Council’s December 21st meeting agenda.


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