HomeMy WebLinkAboutEmail to Tony Bozynski and Brian Minyard. Question About Possible Enforcement Of Building Permit 11/22/2010Page 1 of 2
Bozynski, Tony
From: Dawson, Cindy
Sent: Monday, November 22, 2010 9:05 AM
To: Bozynski, Tony; Minyard, Brian
Cc: Carpenter, Tom; Mann, Bill
Subject: your question about possible enforcement of building permit
Your staff contacted our office about a possible enforcement issue concerning the lap
siding on a two-story house that is nearly completed at 15th and Rock Streets. You specifically
asked whether there is any legal standing if you choose to enforce on the issue. The structure is
in the MacArthur Park Historic District. The applicant, Page Wilson, applied for a certificate of
appropriateness from the Little Rock Historic District Commission in October of 2009. At that
time, because of commissioners' comments, he amended his application and agreed that the large
grid would be modified to lap siding. There was no requirement that Mr. Wilson provide the
Commission with drawings that depicted the manner in which the lap siding was to be installed
and none were submitted to the Commission. When Mr. Wilson applied for a building permit, he
provided certain elevations of the building he proposed to build. After the siding was attached to
the house, a City planner observed that the final product as built differed from the elevation
drawings in that the drawings had more accent areas of vertical lap siding than the actual
building has. The matter was referred to the Commission and the majority of the members took
issue with the appearance of the siding and the fact that it did not conform to the drawings
submitted in the building permit application. The Commission voted to ask the staff to contract
Mr. Wilson about the issues addressed in the Commission's meeting.
Planning staff has stated that had Mr. Wilson, in his building permit application,
presented drawings showing only horizontal lap siding or showing siding as the building now
appears, the drawings would have complied with the HDC's prior conditional approval of the
project, since the drawings would have the required lap siding. According to the planning staff, it
would have approved the application with the drawings shown as the siding has actually been
constructed.
The application for a certificate of appropriateness states that should there be changes
during construction, including design, materials, size, etc., from the approved certificate of
appropriateness, the applicant is to notify the Commission's staff and take appropriate actions.
Because the Commission's only requirement as to siding was the broad requirement that the
applicant provide lap siding, there was no change in the approved COA when Mr. Wilson made
more of the lap siding horizontal and less of it vertical. He has provided lap siding, which was all
the HDC required on that matter. The fact that the HDC subsequently prefers the look of the
siding as depicted in the drawings rather than what has been built is not the issue. The builder
has built all that the Commission required in terms of siding, so the Commission's current
desires as to siding on the building are beside the point.
The real issue is whether the City can hold a builder responsible for building a structure
according to the drawings provided by the builder in the building permit application. The
drawings are part of the building permit application and a part what the City reviewed when it
decided to approve the project. Drawings are used because they generally provide a great deal of
information and more information than can easily be described in words. The building permit
states the following: "This permit is issued on the express condition that the above work shall
conform in all respects to the statements certified to in the application for such permit, and that
all work shall be done in accordance with all applicable zoning, building, electrical, plumbing
11 /22/2010
Page 2 of 2
and mechanical ordinances of the City of Little Rock and the State of Arkansas." It also states: "I
or we further certify that we have read and understand the requirements of this permit and that all
statements made by us in securing this permit are true and complete to the best of our knowledge." I
have not found any case law in Arkansas that addresses the ability of a city to take enforcement action
when a person violates the terms of a building permit by failing to build according to the submitted
drawings. But, it seems that the City has the inherent power to do so and, if management desires, we can
proceed.
Whether the City desires to waive the modification that was made to the siding from what was
depicted in the building permit drawings in light of the facts, including that the planning staff would
have approved drawings showing a building built with siding as this one has been, is strictly an issue for
your office and City management to determine.
Cindy
11 /22/2010