Planning Official Opens Shop Without Permit Calls Problem A Difference Of Opinion; Working With City To Comply With Rules
City Planning Commissioner Steve Badraun opened his new Kathleen Avenue floral shop last week without the required final building inspection or occupancy permit.
Badraun said the problem boils down to a difference of opinion. He is working with city officials to comply with their requirements.
“I’ve been involved with this city permitting and inspection process for about six months,” Badraun said. “It’s not simple. It’s been a little frustrating for us. It’s frustrating for the city, too.”
Badraun recently built a 6,000 square foot pole barn near Atlas Building Center off U.S. Highway 95 to house Duncan’s, his nursery and garden shop. Beside it, he is constructing a 16,400 square foot enclosed building.
On March 24, a city building inspector noticed customers were shopping in the open barn-like garden area.
“We contacted Mr. Badraun and said ‘this is a problem,”’ said acting chief building inspector Bob Rudio.
No permit - not even a temporary one - had been issued allowing Badraun to open.
Those permits are designed to guarantee the building is safe for the public. Temporary occupancy permits typically are used when developers want to move in before all work is complete.
“We try to avoid that (occupancy without permits) whenever possible,” said Rodger Lewerenz, city public works director. “I don’t know what Mr. Badraun’s problem was.”
Badraun said because the larger enclosed building was not finished he hadn’t called for an inspection. He didn’t think one was needed until then.
The city took issue with street access, fire exits and stormwater management.
With the pole structure, “we’re saying we have a complete safe building with no life-safety issues,” Badraun said. “The city’s position is ‘why isn’t all the infrastructure complete?’
“We said ‘it will be when the other building is done,”’ Badraun said.
Badraun’s building is expected to be up to code by next week. An occupancy permit will likely be issued then.