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NOTICE OF VIOLATION 4-17-13 LMS

On February 27 Salmon resident Bill Schlenk was notified by official letter that he was in violation of city building codes due to not obtaining a building permit before constructing an addition to an existing carport located at his residence on Tendoy Avenue.

At the April 17 meeting of the Salmon City Council City Planning and Zoning Administrator Dan Maiyo explained to the council that the official letter sent by his office in February stated the addition must be removed within 30 days of receiving the notice. Options to removal were listed as: showing by way of a Zoning Administrator inspection that compliance had been attained within the 30 day time limit; filing a written request with the city for an extension on the 30 day time frame in order to become code compliant or, filing an official appeal to the notice with the City Council.

In his status update Maiyo further explained that since the detached metal frame carport to which the addition is now attached is in violation of city set-back codes, the addition also violates set-back rules as would any building permit approval.

Maiyo said that an unaddressed letter from Schlenk arrived in his city office on April 16 which requested an appeal of the notice and an extension of time in which to become code compliant. Maiyo said a copy of a March 3rd email addressed from Schlenk and sent to Schlenk was received in his office the same day, April 16.

Based on council discussion and legal counseling it was determined that neither unaddressed letter legally constituted an actual communication with the city and therefore did not meet the 30 day requirement to either remove the addition, file an appeal or file for an extension. The council directed Maiyo to send Mr. Schlenk an official legal notice informing him that, unless the addition has been removed by May 15, during its May 15 City Council meeting the council will conduct a hearing on the city code violation created by Schlenk’s carport addition.

In other business the council approved a professional services agreement with Phillips Brothers Construction for construction of a sidewalk on the east end of the Sacajawea Center and a concrete pad along the south side. The agreed upon cost of the project is $2862, payable upon completion. The stated completion date is May 24.

The Salmon Home Brew Club requested use of the parking spaces along the east side of Bertram’s Brewery for a May 4 ‘how-to-brew’ demonstration. Displays will include brewing equipment set up under canopies. No alcoholic beverages will be produced and the group said there would be no hindrance to Andrews Street traffic. The brewing demonstrations will be in observance of National Big Brew Day sponsored by the American Brewers Association.

The council felt that for safety purposes it would be better to block off the street and it approved a street closure on Andrews from Main Street to the alley behind Bertram’s between the hours of 7AM and 6PM. The motion to block the street was approved on the condition that Bertram’s Brewery agrees to the closure.


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