Laserfiche WebLink
<br />Mr. Carpenter indicated that the lender has said it is a high-risk loan because the structure <br />is non-conforming. He then indicated he had all the inspections and paid the permit fee <br />and now has to tell potential buyers that the structure is non-conforming. <br /> <br />Council Member Capra indicated that, back in 1973, there were other issues with regard <br />to people living on the property because it was zoned commercial. <br /> <br />Mr. Wilharber suggested that maybe a solution would be to split the lot into commercial <br />and residential zoning noting the lots depth and shape would lend itself to doing so. He <br />then agreed with Mr. Carpenter that selling the property is an issue because he would <br />need to inform buyers of the nonconformity of the structure. <br /> <br />Council Member Capra commented she did not feel Mr. Carpenter could claim total <br />ignorance of the issue as the property was always zoned commercial. <br /> <br />Mr. Carpenter indicated the lender is stuck on the word "compliant" and noted that the <br />lender is concerned because the structure cannot be rebuilt if it bums down. <br /> <br />Mayor Swedberg asked if it were legal for the City to say that Mr. Carpenter is compliant <br />in order to help him obtain financing. <br /> <br />City Attorney Hoeft indicated the City could not say that Mr. Carpenter's residence was <br />compliant with City Code because it is not. <br /> <br />Mr. Carpenter indicated that he feels the City should make a modification so that those <br />residents paying taxes and following all the rules can realize their investment. He then <br />said the City cannot take his investment away from him. <br /> <br />City Attorney Hoeft indicated the property owner could apply for rezoning and noted that <br />request would be considered through the Planning and Zoning Committee and then by <br />Council. He then cautioned Council that rezoning Mr. Carpenter's property could be <br />considered spot zoning and said the matter would need to be investigated. <br /> <br />Council Member Broussard Vickers pointed out that the City changes ordinances when it <br />realizes that things could be done better. She then noted that doing so creates non- <br />conforming structures and said the way the City deals with that is by allowing the use to <br />continue but not be changed or modified. <br /> <br />Mr. Carpenter suggested the City buy his house. <br /> <br />Council Member Broussard Vickers indicated that the lender's interest would be <br />protected by an insurance policy and said she feels the lender is being more of a stickler <br />on this matter than lenders have been in the past. <br /> <br />Page 5 of 23 <br />