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a <br /> few days went by and the hole for the founda.tion was dug. Mr. Blake then questioned <br /> how it is possible that Mr. Buechter got approval to build offthe building pad when he <br /> and his wife were told it wouid require City Council and neighbor approval to do so. He <br /> then voiced concern that proper procedures were not followed. <br /> Mayor Swedberg e�lained the City contracts a law firm and tha.t when the primary City <br /> Attflrn�y is not avaiiable, anather attorney will step in to act on behalf flf the City. <br /> Mr. March explained Mr. Buechler had dropped offpictures earlier today at City Hall but <br /> stated he was not sure what thase pictures represented. Mr. March then e�lained what <br /> had happened that allowed the building permit to be issued. Mr. Buechler came to City <br /> Hali requesting the building pernut. Mr. March toid him a Variance woutd be required to <br /> build offthe building pad and explained the Variance procedure to Mr. Buechler. Mr. <br /> Buechler then told Mr. March he was going to contact his attorney to discnss the matter. <br /> Mr. March then determined it would be appropriate to contact the City Attorney for his <br /> opinion on ths mattsr. Mr. March contacted the City Attorney's office and e�lained the <br /> situa.tion. He received an oral opinion which explained the building pernut cannot be <br /> held as Mr. Buechler is entitled to build anywhere on the property provided he meets the <br /> Ciiy's setback requirements. Mr. March requested that opinian in writing and that is <br /> included in Counci� packets for review. , <br /> Mr. March then stated he feels badly that the Blakes were given misinformation that I <br /> caused them not to pursue building offthe building pad but e�lained he only learned of ��, <br /> this because Mr. Buechler ha.d pushed the issne and the City needed to seek a legal ', <br /> opinion on the matter. He then e�lained that the building pad means nothing other than '� <br /> the soit has been corrected in that designated area ensuring anyone who purchases the lot <br /> that the lot is buildable. ', <br /> � <br /> i <br /> Mr. March stated he felt the City needed to tighten up restrictions for where the houses ��, <br /> are to t� built by putting it in writing in the developer's agreement in order to have more ', <br /> control over the development. I <br /> City Attorney Hoeft confirmed that the building pads are constructed to add value and '' <br /> marketa.bility to the lot, noting if they were not there the person buying the lot would <br /> have to do testing and soil conection which costs money. <br /> Mr. Blake questioned why Mr. March ha.d to go to the City Attorney's office to make <br /> sure it was okay to issue the building pernut if Mr. March has the authority to issue <br /> building permits. He stated he feit he was getting a lot of legal mumbo jumbo as an <br /> e�lanation as to why they were given information that led them to belisve they w�re not <br /> able to build off the building pad. He then stated he relied on the information provided to <br /> him by the City. <br /> Mayor Swedberg explained that the day-to-day business of the City requires that City <br /> employees call the City Attorney for a�ivice. Notiug tha.t at any time there seems to be a <br /> question as to what is appropriate for Staff to contact the City Attorney for verification. <br /> Page 3 af 15 <br />