My name is Nancy Whitney.  I live at 40 Wagner Avenue in the Hankins Subdivision.

First, we would like to thank Mr. Peterson for asking the planning director to write a summary of his understanding of the events leading to our presentation at the last Council meeting.  It was our understanding that the Planning Commission is supervised by members of the City Council.  If we had known you would not be receiving copies of all the documents we submitted with our concerns, we would have made sure you received copies of everything and that you were made aware of the numerous phone calls made to the Planning Department.  We will be certain this occurs from now on.

Second, I would like to bring your attention to page 6 of the handout you just received.  I apologize these pages are not numbered.  We did not have a whole lot of time.   Most especially, I would like you to look at the portions which are highlighted.  The permit/application is dated March 21, 1997.   In this document Max Warner asks for permission to build a garage.  The space for size of building has been left blank.  The number of stories has been left blank.  Mr. Warner signed the document as the owner of the property.   In signing this document, Mr. Warner certifies that he read the application, understands the application,  will comply with all provisions of laws and ordinances, and was the legal owner of the property.   He did not apply to build an accessory building; he was not the owner of the property; and he did not sign as contractor or authorized agent.  What we have is Max Warner asking for a permit to build a garage, then building what he darn well wanted, and the city supporting and rewarding him for doing so.

Third, we would like to address some of the issues Mr. Baker raised in his summary of Max Warner's property at 30 Wagner Avenue.  We feel this presentation is too long to read at this time but we have passed our copies and ask that you closely read it.  Please pay special attention to these facts.

- A permit for the garage was requested on the application.
- The garage was built out of compliance.
- A living space was unlawfully added.
- The dwelling was occupied without being certified.
- The owner and the city admit the violation.
- The violation must stop.
- The code must be enforced.
- The penalties must be imposed.
-  The structure must be abated.

I live at Wagner Avenue, next door to Max Warner's non-conforming garage/living quarters. 

We were naive enough to believe that it was built to spec and code, but further research showed this to be false.  We feel the rules are not equally applied to all persons.  Our elected or appointed city officials appear to play favorites for whatever reason.

We now look for misleading answers and backroom politics.  The shame of it is that we come closer to the truth with this approach.  Hopefully the process we are going through might bring these practices to light and this will be a first step toward a better relationship with the city.