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A former client of mine is suing the city  

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holy cow
Posts: 15465
10,000+ posts
Joined: 9 years ago

Such disgusting practices reminded me of this Bing Crosby song:

Oh, give me land, lots of land under starry skies above
Don't fence me in
Let me ride through the wide open country that I love
Don't fence me in
Let me be by myself in the evenin' breeze
And listen to the murmur of the cottonwood trees
Send me off forever but I ask you please
Don't fence me in

Posts: 4683
2,500+ posts
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Posted by: @brian-allen

told by the city that he cannot sell his undeveloped land unless he first subdivides it.

What? Wow!

The first thing that comes to mind is; Why? Did they offer up any viable explanation, for telling them what they can and cannot do in relationship to selling their property? What makes them think they can even do something like this?


Daniel Ralph
Posts: 655
500+ posts
Joined: 5 years ago

The building designer should have been aware of the code before they went to the trouble of what they did. 

12.10.020 Street improvements for existing improved property.Share
Whenever a building permit application is made for alterations or repairs to an existing building or structure on residential or commercial property within the city, the person seeking such a permit shall install improvements as required in RMC 12.10.010, except that the requirements for installation of such improvements shall be waived if one of the following criteria is met:

A. The total alterations or repairs to an existing residential building or structure are less than 50 percent of the assessed valuation as determined by the Benton County assessor;


This section of code impacts those structures that have low value such as one-bedroom houses more than what would be a higher value structure. Perhaps the construction could be phased to 1. inclose the carport into a garage and 2. convert said garage to a bedroom which lowers the improvement costs below what the existing structure is worth. But I am sure that smarter people than I have considered this option. 




WA-ID Surveyor
Posts: 578
500+ posts
Joined: 8 years ago

Cities can have a variety of seemingly insane requirements in their code.  But, it's their code.  This is where local knowledge and expertise comes in.  The professional who prepare the application should of been aware of this requirement, if not immediately, certainly prior to commencing with any substantial work and most definitely prior to making the application with the City.

Road improvements are typically tied to new land use actions such as subdivision work.  I have never seen one tied to building permits.  But, if it's in the code its in the code and you have to work with it.

Posts: 644
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Joined: 9 years ago

My feeling is that the City is going to lose that one.  I see the value of the requirement in commercial developments, but not in residential, and certainly not in this case where she may have frontage, but no intention of using it.


Lawers age going to make a bunch of money on this, and she is going to be delayed for years in her addition.


What I would do?  If you have stupid rules, then I work around your stupid rules.  I would have 3 projects valued at $49,999 and dodge their requirement, and be done with the matter.

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