City attorney urges due diligence before forcing removal of building that may have breached variance

The council discussed a reported instance where a property was built in a different location than the drawing that accompanied an approved variance. The city's attorney, identified in the meeting as Fred Donaldson, advised the council to document the violation, compile the permit and drawing history, reissue a demand letter giving a 30‑day timeline, and — if compliance is not achieved — file for an injunction in court.

Donaldson told the council the core issue is that the variance drawing was not followed. "You permitted a variance and the drawing showed the dimensions and he didn't follow that," Donaldson said, adding that the city should double-check all the paperwork to ensure the city performed its duties correctly before taking enforcement action.

Council members raised concerns about fairness and precedent; Donaldson recommended pausing to investigate whether similar deviations exist elsewhere and advised that the city could take 30 days to conduct the review before sending final notices. He said pursuing an injunction is a standard route if the property owner fails to comply after a properly documented demand.

Council directed staff to compile the paperwork and consider bringing the full documentation back at a later meeting so the legislative body can decide whether to reissue a demand letter or take other enforcement actions.