Shed ordinance should be rejected
To the editor:
At the City Council Meeting on Oct. 6. I asked Councilmember Day why he erected a shed on his property without first obtaining a permit. He stated that he assumed the “shed seller” would have secured the permit and that the erection of the large shed without a permit was “not his fault”! If Councilman Day had even claimed that he had directed “the shed seller” company to take care of the entire matter of the P&Z application fee and permit fee, it would have been on his billing statement. He however, did not make that excuse I believe his excuse to the Council was false for the reasons below.
To obtain a permit he would have had to first apply to the P&Z Commission for a variance for which he would be required to file an application and pay a fee. Then, in a P&Z hearing and with possible approval by the P&Z Commission, he then could apply and pay for a permit. That permit then must be posted at a conspicuous place in the front yard of one’s home.
Mr. Day’s claimed excuse is absurd. For a Councilmember to violate the law to avoid paying the P&Z fee, the permit fee and to avoid paying the additional property taxes for the shed is bad enough. To falsely try to excuse it only makes it worse. The final blow is for him to introduce Ordinance 103-08 to try and make such conduct lawful is unforgivable! He did ultimately withdraw his motion to approve this ordinance but sadly Councilman Grill then motioned to continue it until Oct. 20 to rehear the ordinance at that time. The question is, why? The ordinance as written has fatal flaws and would only apply to three-lot or bigger home sites!
Not that long ago, a couple appeared before the mayor and council over a permitting problem with a pool cage and those folks were to take down the pool cage and start over! Interestingly, Mr. Day was sitting on the council when this decision was made.
In Mr. Day’ tenure as a Councilman the Shed ordinance has been discussed twice and he voted in favor of it yet he chooses to ignore it. In response to my comments, Mr. Stewart has charged Carl Swing, Assistant City Manager/Director DCD with investigating the circumstances surrounding Mr. Day’s shed including whether in violates our Ordinances as to where sheds are allowed. Currently sheds have to be placed behind the house. Mr. Day’s shed is on the side of the house.
As many have been told or heard “Ignorance of the law is no excuse”!
Lynn Rosko
Cape Coral