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HomeMy WebLinkAbout1995-11-14-Board of Adjustment MinutesMr.McAtee asked if it were clear whose responsibility the resetting of the home was. Meeting of the November 14,1995 Board of Adjustments meeting re:840 Mid West Mobile Home Park. The meeting was called to order at 6:37 pm with the following members present:McCoige, Stone,White,McAtee.Absent:Breen Others present:Terry Strain,Herbert Perry,Marcia Knaack,Brenda Cowman,Angela Berg, Elaine Van Orsdel,Mary Barry,Mindy Shrum. Chairman McAtee asked if Ms.Berg had anything to say.Ms.Van Orsdel spoke representing herself as Ms.Berg's attorney.She stated that she had been in contact with Ms.Berg for the past 15 months about the problems with the soil preparation and the settling of Ms.Berg's home on lot 840. She stated that she see three options 1)Solicitation of Midwest Mobile Home park and L &C to reset the home;2)Venture to hire someone to correct the problems (but warranties have been voided);or 3)seek legal recourse.Because she was looking at thousands of dollars to redo it herself,or to seek legal resource she could not afford it. Ms.Berg did not feel that she should have to sue someone.That the City has laws on the books that should be enforced.Ms.Van Orsdel asked the Board to explain the laws and explain why,if they so chose,the City should not order the home be reset. Chairman McAtee asked about the letter which the City told Ms.Berg that it was a civil matter. Ms.Berg stated that was what she was appealing. Ms.Berg stated that they City did not have an Ordinance stating its official position on this matter.She also stated that the installer was L &C Homes and that the manufacturer was Companion.She also stated that she had been working with the manufacturer and the installer and that L &C homes would come back again to re-level the home or do any such work until the ground was properly prepared. The home was installed January 25,1994 before building permits were issued for mobile home installations by the City.Ms.Berg stated that the City did not start requiring the inspection of the setting of the homes until the Fall of 1994. Mr.McCoige asked why the City has not issued an order if the home needs to be reset.Mr. Rueckel stated that it has been the City's position since he has been there that it is a civil matter. The Board had a general discussion of whose responsibility it was to ensure that the home is properly set.It was decided that because the homeowner was not required to get a permit for the installation of the home,they were probably not responsible. BOA MINUTES 11/14/95 Berg Lot 840 MWMJ\AP I The Board further discussed the installation seals,certificates,and whether or not the homes that have been reset have been inspected,have been reset have been reinspected,and how those homes have been reset. 1 Ms.Berg presented the Board with pictures of her home site. The city started the inspection of the installation of Mobile Homes in August of 1994 and had adopted the Sate Building Code before that time. The Board also discussed who may be responsible for determining if the ground was properly prepared and who was responsible for implementing that.Mr.Strain asked that if the Board was going to make a ruling that they take that into consideration. Ms.Berg stated that she has received an offer to reset her home but without any stipulations.Ms. Van Orsdel,stated that she is in correspondence with the Mobile Home Park about the resetting of the home. After further discussion,motion by McCoige,seconded by McAtee to have the Administrative 1 Official with responsible authority to enforce the building violations and to have the Mobile Home } Park correct the soil compaction ..Upon roll call the following members voted AYE:McCoige, McAtee,Stone,White.Nays:None.The motion passed 4-0. Motion to adjourn at 7:59 by Stone,seconded by McCoige.Upon voice vote the motion passed 4-0.