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HomeMy WebLinkAbout5G - Thomas Vidmar Civil Enforcement MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: JUNE 16, 2008 5G MARK GIROUARD, ESQ., DEPUTY CITY ATTORNEY CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A CIVIL ENFORCEMENT ACTION AGAINST THOMAS VIDMAR Introduction The City Attorney seeks the City Council's authorization to commence a civil enforcement action against Thomas Vidmar, who resides 4307 Grainwood Circle, to address apparent violations of the City's building and zoning codes. Historv. In 1998 Thomas Vidmar applied for a variance from the required setback from the ordinary high water mark of Prior Lake for a proposed deck. His variance request was denied. Between 1999 and 2006, Mr. Vidmar built a deck, which appears to violate the setback requirement, added a second-story porch above the deck, and then enclosed the deck, all without obtaining the necessary building permits. Current Circumstances City staff and the City Attorney have attempted to work with Mr. Vidmar to resolve the violations of the City's building and zoning codes without the need for litigation. He has not cooperated with those efforts. There are no issues with this item. The City will bear its own costs of litigation. 1. Adopt the attached resolution authorizing the City Attorney to commence a civil enforcement action against Thomas Vidmar. 2. Deny this agenda item and provide the City Attorney with additional direction. The City Attorney recommends alternative 1. A motion and second adopting a resolution authorizing the City Attorney to commence a civil enforcement action against Thomas Vidmar. ---... www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COMMENCE A CIVIL ENFORCEMENT ACTION AGAINST THOMAS VIDMAR Motion By: Second By: WHEREAS, Thomas Vidmar, who resides at 4307 Grainwood Circle, has violated the City's building and zoning codes; and WHEREAS, City staff and the City Attorney have attempted to work with Mr. Vidmar to resolve the violations without the need for litigation; and WHEREAS, Mr. Vidmar has not cooperated with those efforts to resolve the violations. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Attorney is authorized to commence a civil enforcement action against Thomas Vidmar to resolve violations of the City's building and zoning codes. PASSED AND ADOPTED THIS 16TH DAY OF JUNE 2008. YES NO I HauQen I Erickson I Hedberg I LeMair I Millar HauQen Erickson HedberR LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245