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I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br /> I <br /> I <br />,I <br /> I <br /> <br />I <br />I <br /> <br />by the responsible person and shall be made a part of the records of <br />the proceedings. The failure to give mailed notice to individual <br />property owners or defects in the notice shall not invalidate the <br />proceedings provided a bona fide attempt to comply with this <br />subdivision has been made. <br /> <br />Based on other statutory language, I am of the opinion that the use of the <br />City's or County Auditor's tax records would be "appropriate records" for <br />purposes of this statute. Unfortunately, there is no clear cut definition <br />of "bona fide attempt". For example, it does not mean 40%, 51% or 100% <br />accuracy. It simply means bona fide, which I believe to mean in good faith <br />and reasonable. Whether or not a "bona fide attempt" has been made will <br />have to be determined on a case by case basis. <br /> <br />In order to insure better compliance with the notice requirements, I have <br />discussed the City's procedures on this subject with Clayton Berg and we <br />have agreed that in the future, the City will use one-half section sheets <br />and mark on the same the subject parcel and all those parcels which should <br />be notified relating to the proposal. <br /> <br />Question relating to house sizes. You asked if the City can change minimum <br />house sizes. The answer is yes, subject to minimum requirements as <br />prescribed by the State Building Code. <br /> <br />Please contact me if you would like further clarification on the above matters <br />or other subject concerning the Planning Commission's activities. <br /> <br />wkg/cmh <br /> <br /> <br />