HomeMy WebLinkAboutPermit Correspondence 1990-2-9
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CITY ATTORNEY'S OFFICE
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SPFlINGFlELIJ, OIl9~1((
(503) (,/6,9621
February 9, 1990
Gregory and Mary Milliman
3605 Hayden Bridge>
springfield, Oregon 97478
RE: city of Sorinafield Buildina Permit Job #89-122~
Desian Plans/Residential Plans
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Dear Mr. and Mrs. Milliman:
On behalf of the City of Springfield I wish to apologize for any
confusion which may have arisen in the processing of your above
referenced Design Plans/Residential Plans.
Apparently, due to communication breakdowns between this office
and the Department of Public Works and Planning, and differing
interpretations within the Department of Public Works and Planning
regarding the requirements of applicable city of Springfield
Ordinances, a circumstance has arisen which will require you to
resubmit or redraw your design plans.
Based on my telephone conversations with you, and my understanding
of your telephone conversations with Mike Kelly, city Manager, you
have no objection to the resubmission of design plans necessary to
meet the interpretation of the applicable city of Springfield
Ordinances which you received from Cindy Mott. You do have
concerns, however, about the additional design costs for redrawing
your plans.
I acknowledge that the circumstances described above have resulted
in a situation wherein you have been required to redraw your
design plans. If you incurred design costs as a result of the
redrawing of those plans, it would be my suggestion that you
submit the costs necessitated by the redrawing to: Craig Gibons,
Risk Manager, city of Springfield, 726-3706.
By copy of this letter I am indicating to Mr. Gibons both the
belief of myself and Mike Kelly, City Manager, that if the cost
for redrawing your design plans are reasonable and can be proven,
then he allow your recovery of those costs.
Thank you for your attention to this matter.
Sincerely,
HARMS, HAROLD & LEAHY
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Northland Insurana Company Northland Casualty Company
RECEIVED
M11Ai~II.~TRATlIfE SEIlV,,,,,,,
Northfield Insurance Company .IMMdl1ta4nSSOOe Company
June 11, 1990
Gregory & Mary Mil man
3605 Hayden Br' e
Springfield regon 97478
Re: r Insured:
Claim Number:
Claimant:
Dear Mr. and Mrs. Milliman:
I received a copy of the claim that you' filed with the City of
Springfield regarding the building of the addition to your house.
City of Springf.ield '
PE01313-15
Gregory & Mary Milliman
I have completed my investigation into this matter. When plans are
submitted to the City of Springfield, there is a multi-step approval
process. Every division has different criteria for approving the
plans. Plans that meet one division's criteria may not meet another
division's criteria. Therefore, even though plans are approved by one
division, there is no guarantee that they will receive final approval.
This process is necessary so that all the various interests, are sure
to be protected. '
What happened in your case was that your plans were acceptable on,the
basis of the building code, as the building official interpreted it;
but, they were not acceptable to the planning division from a land use
standpoint. It was at the point that the plans were being reviewed by
the division ,responsible for checking for land use compliance that the
plans were rejected.
While it is unfortunate that you expended the money to have your plans
drawn ,up and were not able to use them, this is not a situation where
the ci ty has li abil i ty for your expenses. They have no 1 ega 1 1 i abil ity
in this situation. One of the risks that you run when submitting plans
for approval is that,they_will'not be approved, and that the plans will
need to,be adapted so that they will meet approval. Because I' find no
liability on the part of the City of Springfield, any claim for damages
is denied. '
1295 Northland Drive SI. Paul, MN 55120-1139 612/688-4100
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Gregory & Mary Milliman
Page 2
Please feel free to contact me if you have any questions.
Sincerely,
Gretchen Willard
Claims Examiner
GW/ls
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City of Springfield
Attention: Craig Gibbons
225 Fifth Street
Springfield, Oregon 97477
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