[WSBARP] city building permit issued and cancelled

[Josh Grant]

Client obtained a city building permit.  Attached to app. was a good
drawing showing an addition to an outbuilding.  It shows the building to
be 12 foot setback to Jackson street and 80 foot in back of front street.
The setback requirement is 20 feet from the front of the lot and 5 feet
"rear yard setback, accessory structure".   The client's parcel goes all
the way through between the two streets.  Verbally the city said to client
you need a 20 foot setback from Jackson street. at first, and client said
I will forget it, then when client pointed out that the front of the lot
(and the address) was on "front street" they said OK and issued the
permit.  The drawing clearly shows both 'front street" and "jackson
street" and the setbacks.  Inspection was required before pouring the
footings (this is a car port).  Inspection was made and OK'ed.  Poles are
in, structure framed.  building inspector (same one who signed permit)
says "stop work"  because Jackson Street requires a 20 foot setback.
Client told This is a "lot,through"???. All of this was on the sketch and
the building conforms to the sketch.
 
1. I think the main issue is giving a permit which is clear what is
planned and then stopping it after building started.  Does client have
rights under permit when he follows it?
2. When the ordinance says 20 feet "minimum front yard setback" and 5 feet
"minimum rear yard setback, accessory structure"... and the address of the
property and its use all indicate that the front of the lot is "front
street" how can a city say that the back yard in really the/a front yard? 
 
Client is out about $4000 and so I thought if the ciity is clearly exposed
to damages and attorney fees that they can just reverse it, or grant a
variance.  Structures on either side of this one have about the same
setback from Jackson Street as this proposal (they were built before the
zoning regs came along).
 
Thanks
 
Joshua F. Grant
Attorney at Law
P.O. Box 619
Wilbur, WA 99185
 
t 509 647 5578
f 509 647 2734
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