We have a meeting for 1 July at 3pm with County Supervisor and staff! Hopefully we can resolve the issue via Land Use Lawyer before then, but if not we have an audience with County Supervisor.
We met with Land Use Lawyer yesterday (Wednesday’s meeting was preempted for a last-minute hearing) and gave her our info. She’ll get back to us by next Friday on whether it’s a yes, no, or maybe.
As of now she thinks we have a shot because of “legislative presumption”(?) or something to that effect. Basically it says if the County enforced a law before, it was obviously intended that way and if it didn’t, then it wasn’t-follow? How it applies is this: my parents built 18 years ago on the same drive across the street, albeit a bit higher (226-230ft as opposed to 220-228ft above sea level), but still with a good portion of the drive in the 100 year flood plain. The county didn’t have a problem with it then (and no laws have changed since) and so shouldn’t now-bada bing. Another reason is that Federal Flood Insurance laws don’t require “access to the site” as County laws do AND Federal trumps County.
Benevolent Friend called and left a voice mail detailing that she was setting up a meeting with County Supervisor (County Supervisor) and staff. Apparently County Supervisor is upset that County Official 5 sent us a negative letter without first telling her. (Benevolent Friend telling her about the letter was the first she’d heard about it!). We’ll let her know about Land Use Lawyer and what our plans are and hopefully County Supervisor will decide we are too much trouble to deny again and order the reviewer to approve the plan.
Becky turned 22 yesterday-how time flies!
Land Use Lawyer, the other woman whose name we were given is an attorney with whom we’re meeting on Wednesday at 5:30. She approximates no more than 10 hours of her time to bowl the county over on this issue. She says the county has no right to restrict access to property based on flood laws and such, and that Federal laws trump state laws in all cases. She (like all others) is amazed that we have been doing this for a year and a half. Cross your fingers.
Banker Guy 3 has let us know our loan is approved! We have only to give him a general disbursement schedule and then we can close. This brings us into a sticky situation: we don’t want to sign a loan if we are putting money down and may not be able to build. On the other hand, it took us three months for this loan to go through and it’s not often that one can find a lender willing to go with a self-built dome home…
So the word of the day is “time-sensitive,” as in we need Benevolent Friend to get back with us by friday or we call another attorney whose name we’ve been given. We can only stall the bank about a week or so before we’re going to have to come up with a firm close date, as much as two weeks after that.