[WSBARP] Permit that results in code violation; LUPA Applicable to City?

[Samuel M. Meyler]

Listmates,

 

I'm looking for your thoughts and any authority on the following fact
pattern:  

 

Applicant submits application for construction of new home.  Square footage
of the lot is inadvertently incorrect on the cover sheet of the plans, but
the details and specific dimensions on all of the plans are accurate and
clearly indicate that the square footage is over the maximum allowed for the
lot.  City reviews everything, approves the plans, and construction begins.
Construction is 80% to 90% complete when City realizes there was a mistake
and shouldn't have issued the permit because the footprint is larger than
the municipal code allows.   

 

City was paid to review the plans, made various requests for revisions to
the plans throughout the process, approved revisions to the plans throughout
construction, and didn't catch the error until the house was nearly
complete.  Now City requires a "plan" to resolve the overage (i.e. tear down
a party of the house) and threatens to impose a fine for each day that the
code violation persists.  

 

Shouldn't the City be estopped for imposing a penalty based on the City's
negligent approval of the permit?  

 

Has the time to appeal the issuance of the building permit lapsed under
LUPA?  

 

If the City is barred from disputing/appealing the building permit that it
issued, does the fact that the City will still need to issue a final
occupancy permit make the inability to appeal the building permit a moot
point?   

 

Your thoughts, suggestions and any legal authority would be greatly
appreciated.  Thanks!

 

Samuel M. Meyler

Attorney at Law 



Mail:  P.O. Box 777 | Redmond, WA 98073-0777

Location:  8201 164th Ave. NE, Suite 200 | Redmond, WA 98052

Tel:  425.881.3680 | Fax:  425.881.1457 | Email:
<mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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