HomeMy WebLinkAboutM2006-065 - 02/28/2006
MOTIONS - 02/28/06
30. Motion to deny the appeal in part, thereby, upholding the order of the Building
Standards Board requiring the demolition of the structure, and to sustain the
appeal in part, thereby, reversing the requirements to (1) demolish the
foundation, driveway, and underground utilities and (2) obtain a demolition permit
within 30 days, and in lieu thereof based on the evidence offered and as a
modification to the Board's order, the terms of the attached agreed order,
Including a restrictive timeline, are hereby substituted.
ATTEST:
Arm~tary
M2006-065
(1 ) Mr. Garcia will provide bi-weekly reports on the progress of the construction to the
City and to Wood River Community Association ("Association") beginning on
March 6, 2006, and continuing on March 20, 2006; April 3, 2006; April 17, 2006;
May 1, 2006; May 15, 2006; May 29, 2006; June 12, 2006; June 26, 2006; July
10, 2006; July 24, 2006; August 7, 2006; August 21,2006; and September 3,
2006.
(2) Mr. Garcia will submit full and complete reconstruction plans for the structure, in a
form acceptable to the Association's Architectural Review Commitee by March 20,
2006, and obtain the approval of the Association on that date.
(3) Mr. Garcia will notify the City and the Association by March 22, 2006, as to
whether or not loan approval for his reconstruction plans was obtained.
(4) Mr. Garcia will obtain all necessary permits to begin reconstruction of the structure
and premises by April 3, 2006.
(5) Mr. Garcia must commence construction to the premises by April 10, 2006.
(6) Mr. Garcia will powerwash the exterior of the structure, trim trees and shrubs, and
complete a general cleaning of the exterior grounds by April 17, 2006.
(7) Mr. Garcia must actively continue reconstruction of the structure until completion,
which completion date must be no later than September 3, 2006.
(8) Mr. Garcia shall ensure the continuous abatement of weeds and brush on the
premises until the property is occupied by Mr. Garcia or sold to another party.
(9) Mr. Garcia shall ensure that the premises will remain secure from entry by
unauthorized persons until the property is occupied by Mr. Garcia or sold to
another party.
(10) If Mr. Garcia fails to complete all rehabilitation and reconstruction of the premises
by September 3, 2006, Mr. Garcia waives all rights to institute legal proceedings
to prohibit or impair the City's authority to demolish the structure.
(11) Failure to complete the rehabilitation and reconstruction of the premises by
September 3, 2006, will cause the demolition provisions of the Building Standards
Board order to take effect, those provisions requiring Mr. Garcia to obtain a permit
within 30 days following September 3, 2006, and to complete demolition of the
structure no later than 30 days following demolition permit issuance. If Mr. Garcia
fails to obtain a permit by the 31 sl day following September 3, 2006, the City is
authorized to demolish the structure and proceed in accordance with City laws.
Agreed:
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Mr. Ismael Garcia
Property Owner
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Date /' ·
Ag;~/kl/'-
Kt/:t, George
Attorney for Mr. lsmael Garcia
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Date