Council Denies Appeal For Building Permit

Council Denies Appeal For Building Permit

Buffalo's City Council has denied an appeal for a building permit on an un-platted lot in the Mountain View Addition of the City of Buffalo.

City Planner Lynn Barrett explained the issue at their last meeting, saying property owner Neil Schiche had sought a building permit for a house on a lot he owns in the subdivision.

Barrett explained further that when the Mountain View Subdivision was brought into the city in 1947, only a small number of lots were platted and that lands inside the addition that weren't platted have changed hands a number of times since then, but are still un-platted lands, including the lot owned by Schiche.

Clint Langer, with Davis and Cannon, LLP, Attorneys in Sheridan, was hired by the city to avoid a conflict of interest, gave his legal opinion on the matter, saying the city's requirement for lands being platted before building is enforceable, and that exemptions and variances in the city's requirement do not apply to Schiche's property because no formal platting process had not been done in the past.
Their opinion is the city has grounds to deny the building permit at this time.

Langer did say there is a process the landowner can go through to make the lot buildable under city code.

The City Planner is currently working on a less cumbersome way to go about platting lands such as these that never have been platted before.
She said Sheridan has what they call a “compliance plat” to get these problem lands in compliance with city code, and she will be looking at creating something similar for Buffalo .

The council voted to deny Schiche's appeal of the denial of a building permit, but the city will be working with him to try to resolve the issue.

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