In a rare move, El Paso Mayor John Cook today vetoed Tuesday’s 5-2 vote by the City Council that prevented Jorge and Lisa Valenzuela from completing the home they have under construction at 111 Pennsylvania Place. [See veto document via link at bottom of story]
But West Central City Susie Byrd, whose District includes the Austin Terrace Historic District and the Valenzuelas’ home site, said the veto may hurt more than help the situation.
Cook issued the veto this afternoon, overturning the council’s approval of the appeal filed by Austin Terrace residents of the decision by the city’s Historic Land Mark Commission to give the Valenzuelas a certificate of appropriateness for the design of their home.
In a memo advising City Council members of his veto, Cook expressed his disagreement with their decision and said the city should have negotiated with Jorge Valenzuela on the matter before voting.
“I believe the city should allow for the opportunity to see if an alterative or other compromise could be appropriate … because the homeowners affected have testified that they will suffer an undue financial hardship despite attempting to comply with the city’s ordinances and having received a building permit and taken action on reliance on that fact” Cook’s memo reads.
It would take six votes by the eight city representatives to overturn Cook’s veto.
The council voted 5-2 Tuesday in favor of Byrd’s motion to uphold an appeal by Austin Terrace residents challenging the landmark commission’s decision that the design of Valenzuela’s home was appropriate for the district. [npt background]
Jorge Valenzuela had obtained a building permit from City Hall giving him the go-ahead to start construction on the house.
But, because of an error at City Hall, his application for that permit wasn’t sent to the landmark commission for advance approval as required.
At Tuesday’s City Council meeting, Valenzuela said he has spent more than $100,000 so far on construction of the home that he expected to cost about $330,000 in all.
Byrd said that she hadn’t heard from the mayor and was not sure of his reasons for the veto.
"I'm assuming it's out of concern for the property owner," she said.
But, she thinks the veto will complicate matters.
The only options for the city now, given the expense the owner claims for the partially completed home, are to allow him to finish or force him to spend his own money to make changes, she said.
Byrd said for the city to atone for its mistake and still address neighbors' concerns about the home's suitability for the historic district, the Valenzuelas would have to file a claim against the city.
Otherwise, she said, the city cannot spend any money on it and would depend on the Valenzuelas willingness to compromise.
"I feel all the mayor's action has done is prolonged that process and made it so we can't … sit down and work through a settlement with the property owners," Byrd said.
She said she believes Valenzuela still must go before council for approval, and thinks the mayor was trying to lobby council members.
"I believe he had (executive assistant) Sylvia Firth go around and talk to council yesterday but he didn’t speak to me about it," Byrd said.
And, she said, not only did the mayor offer no leadership during the City Council discussion and in the weeks prior.
But, she added, "he told me after the meeting 'I think you did the right thing.' ”
David Crowder can be reached at dcrowder@epmediagroup.com and (915) 351-0605
Related Documents:
Ammor8
May 2, 2008
BRAVO! That is all I can say. As for Susie... You did the right thing? Maybe he was just saying that so you wouldn't feel as badly for what you have caused this family. The right thing??? YEAH right. You cannot make someone pay for the city's mistake, it is unethical. Aren't you a mother? How would you like to have your home taken away from you and your kids due to the fault of another? Pathetic
Minnie
May 2, 2008
I agree that, Mayor Cook's, was the right decision . The owners had filed all of the right papers and, even diclosed that they were building in an historical area.
Mariana
May 2, 2008
Rep. Byrd is right, the lack of leadership from Cook is none in this issue or any issue. I feel sorry for the family hope at the end everthing will work for them.
Rep. Byrd you rock...
Legal Eagle
May 3, 2008
The principle behind historic districts and home owners living there having legally binding restrictions on their own homes -- everything from changing the color of their home to getting a new window -- is something called: "Average Reciprocity of Advantage." The home owners benefit by the restrictions while at the same time paying the costs of limiting their rights.
So, with a home in their neighborhood that breaks all the rules, the neighbors (plural -- meaning larger damages than one home) have standing to sue the city. Mayor Cook has effected a regulatory taking by devaluing the costs hundreds of historic district home owners have incurred -- in terms of legal rights and actual higher-cost construction/improvements -- over decades to preserve the nature of the district. Just on the numbers, Mayor Cook should have eaten th smaller lawsuit instead of taking the bait on the larger one.
In the end, it was Joyce Wilson and this builder who screwed up on this one. Wilson should have a comprehensive program in place for new builders going to old neighborhoods (versus the focus on cookie-cutter new construction at the outskirts) and the homeowner should have known better, clearly building in a historic district (there are signs everywhere). Ignorance of what an otherwise reasonable person would have known isn't a defense.
To recap, the city can pay $200K or $2 million. Those are the choices.
norma
May 3, 2008
Maraia Rep. Byrd you rock...? Sincerely I hope you never need her assistance because she will not be there for you in the same way you are showing support to here. Unless you are of any polotical use to her.
Barbara Light
May 3, 2008
This shows the city's lack of commitment to historic preservation in El Paso. The city government evidently doesn't know the H-overlay districts in this city. We also need to have city council approve Historic Guidelines for each historic district in El Paso. Troy Ainsworth and the Historic Landmark Commission need to get this done as soon as possible.
Omar
May 4, 2008
Most disappointing. What's the point of living in a historic district if the rules aren't followed? The city should own up to its mistake, pay the man for his trouble & move on. Pleading ignorance to the rules is no excuse. Who's looking out for the homeowners who do follow the rules?
expat Al
May 5, 2008
Legal Eagle makes the best point here. This house will only lower everyone else's home values. And this is true in any neighborhood where someone decides to build something out-of-place and disruptive to the general aesthetics of a place (including cell-phone towers). The CAD may have their own formulas based on square footage, etc. for figuring value, but I'm betting that the resale values of the immediate neighbors here will be significantly compromised. When you buy a house, you're buying the neighborhood, the location, the ambiance, que no?? To paraphrase a saying, your right to build your McMansion ends where my property value begins. That's the whole idea behind preservation and historic districts. I think people are beginning to grasp this concept.
joe gutierrez
May 5, 2008
i do not feel it is right for city council to penalize the home owners for a mistake the city should be responsible for. The petion by the historic commission can be reviewed by the city and the home owners and changes made to the design to comply. Otherwise this smells of eliteism by the commission if they deny the homeowners from proceeding. Thank you
joe
May 10, 2008
John Cook has made the right decision regarding the inequities which were imposed on the Valenzuelas for having complyied with all the regulations and requirements with the city engineers and then being approved to continue with thier construction only to be told that they (The City) had made a mistake. Bravo Mayor for your loyal support to these poor people whom where uncertain of the outcome ,after having moved back to El Paso i can only say that the neighborhood will benefit from the improved metamorphosis and will probably increase the value of thier properties in the event they would want to relinquish thier ownership. Mayor Cook you have taken the right step and made the right decision you should consider running for Governor of the State we need leadership such as yours I'm certain Asarco would not have gotten approved to resume the toxic slaughter of our citizens.Thank you for looking out for your people.