[WSBARP] incorrect information or discretion in City planning offices

[Craig Gourley]

Listmates,   My recollection is that City Planning departments have significant immunity and discretion but I am interested in your experiences with these situations. I had 2 calls yesterday involving different jurisdictions and even if I am not handling the cases, I am curious none the less.

First case.  Client is  within a day or 2 of receiving a C of O on a multifamily project.   Just needs to pour the concrete driveway.  City inspected and signed off on the storm water installation.  There were field revisions to the approved plan due to encountering a waterline  that required a change in the elevation of a pipe.  But again the City signed off.  New planner arrives and somehow gets  involved.   New planner does not " like" the field revision and has red tagged the project.  Wants an entirely new submittal and plan.  New planner admits that there is no code violation and what the engineer has done complies with code but he " just doesn't like it"     Any recourse???

Second case. Client approaches the City to get setback information to construct a commercial building.  City tells him X feet and you can build a building of X square feet.  Based on this info client buys property and submits plans.  City posted proposed land use notices showing building and setbacks as they had indicated.  Client gets a call from the City saying whoops, we were wrong, setback are bigger and you can only build ½ the original building.   No denial of what information they gave him, just that it was wrong.  Any recourse?

Thanks for indulging my curiosity  on a sunny Friday.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

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