Remedy confusion on setback requests

Published 6:00 am Sunday, April 17, 2016

Clearly there’s a problem in Iberia Parish that so many property owners say they are surprised to discover drainage easements or other restrictions that affects where improvements can be made.

Just this past week we saw another parish property owner appearing before the Iberia Parish Council seeking permission to reduce the required setback for a drainage easement so he can complete construction of a new home.

The homeowner had an architect’s drawing and a survey submitted with his building permit request but it didn’t show a 35-foot drainage easement across the back of his property.

It was reported there is already a home on one side of this property and one under construction on the other side that are also encroaching on this easement.

The property owner told parish council members the delay in completing his home is costing him $400-$500 a month in interest payments while he seeks permission to build on the restricted part of his property, and it’s held up his construction for two months.

In the end this property owner got permission from the council to move forward with his construction.

But clearly there’s a problem with the system that there is so much confusion over where these property restrictions are placed, that so many property owners are saying they are surprised to discover there are restrictions after they’ve already started a project, and that we continue to read about structures already built on property where there was to be no construction.

The new parish president and council that took office in January appear to have inherited a mess

It is unfair to property owners to be allowed to start a project and then have it halted because it’s discovered later there’s a restriction where the property owner wants to build.

But it also seems dangerous to give exemptions to everyone who wants one, lest the original purpose of the easement be defeated.

If the government really needs to keep either side of a drainage canal clear for 75 feet so that equipment can come in periodically to clean the canal, then down the road there could be problems for many if the canal can’t be cleared and it causes flooding.

Iberia Parish President Larry Richard says he’s working to get the parish’s system improved to avoid these surprises for property owners, but also for parish inspectors or others involved in the process.

“We can’t hold the man hostage for a process we are drafting,” said one councilman about the exemption approved last week.

He’s right.

Hopefully parish government can get all this straightened out, soon, and avoid too many more of these confusing situations.

WILL CHAPMAN

PUBLISHER