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

[swhite8893 at aol.com]

Samuel,
    I don't have a good answer for you but can pass on a couple of quick thoughts.
    Case law relating to estoppel indicated that will estoppel can be asserted against the government, it is only allowed in very limited circumstances. 
    Have you communicated directly by phone with the planner handling this. Establishing that dialogue could be helpful. Would they be open to a variance?
    Who did the drawings? If  they were done by a professional of some sort, maybe engaging them in a resolution would be helpful.
 
Steve Whitehouse
 

Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com

 
 
-----Original Message-----
From: Samuel M. Meyler <samuel at meylerlegal.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Thu, Nov 6, 2014 1:16 pm
Subject: [WSBARP] Permit that results in code violation; LUPA Applicable to City?



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:  samuel at meylerlegal.com
  
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