Newspaper Tree El Paso

May 1, 2008

Readers Respond: "It's Real Simple"

from the NPT Inbox

A Historic Mistake: Property Owner May Have to Tear Down Partially Completed Home

So why is this neighborhood Historic. -- LisaT

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While unfortunate for Mr. Valenzuela, I think City Council made the right decision. A home of that style does not belong in a historic district. However, the city should be prepared to somehow compensate him for his trouble. -- Omar Silva

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It's real simple:
The city needs to pay for all expenses associated with their approval of the building permit.
Pay for removal of everything built and pay all costs incurred to
build the building.
Pay for any cancellation fees for building contracts and any interest
on the building loan.
Plus, pay 10% for causing the mistake.
Then, the property owner can resubmit new building plans
or if the house cannot be built big enough, sell the property
and build elsewhere.
One option is to build the house with a HUGE basement to
replace the 2nd story space that is apparently needed.
That way, the house will look the same as the historic district wants
but will have twice the space.

HOME OWNERSHIP 101:

However, in general, it is not a good idea to build the largest house on the block or neighborhood anyway.
You will always lose money doing that.
Whatever house you build or buy anywhere, it should be equal to, or smaller than, or less in value, than the houses around it.
That way, you will always be able to sell your home when you want to.
Yes, it's real "prestigious" to have the largest house in the area but that is
a sure fire way to lose money, as the smaller houses, of lesser value, drag the appraisal price down when you want to sell.
The reverse is also true:
When you own the smallest house on the block, or area, the higher values of the other houses, will make a sale very fast and at top dollar.

-- Marty

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Troglydites. This home will increase the value of the whole neighborhood. Small minded thinking. If the City (meaning us the taxpayers) made a mistake, they (we) should pay for it. -- Ken G

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I like how Susie Byrd basically said, "It was our mistake, but I don't care, screw you anyway" to Mr. Valenzuela. How can these city council members be swayed by a group of "neighbors", when "five of the Landmark Commission’s seven members are architects, and they determined they could approve" the revised home design. If city council will not even consider the "opinion" of the Landmark Commission, then why have a Landmark Commission? Better yet, if Mr. Valenzuela received a building permit from City Hall, giving him a green light to begin construction on his home, and now they say, "sorry, but that means nothing", why have a City Hall. The result he received would have been the same if he had simply begun construction without ANY permit. It would have taken a "neighbor" complaint, or a chance observation by the city’s historic preservation coordinator, Troy Ainsworth, while driving through the neighborhood one day in March, to bring this home's construction to someone's attention and call for a stop work order from the city. In my opinion, Marty (one of the posters below) is pretty dead-on about how this matter should be handled, and I'd even go further in compensating the Valenzuelas, maybe up to 20% compensation. -- Alonso

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I too live in this historic district and noticed the house some time ago while driving home, although i most definately empathize with the Valenzuela family the house simply does not fit into the beautiful and historic neighborhood. The city is at fault and should reimburse the family for the building expenses incurred thus far. It was a horrible mistake to allow the permit for this structure, but to allow an eyesore of this size into one of the few remaining historic neighborhoods in the city would be the greateast mistake of all.

In addition i resent the implication that by not allowing this neighborhood to be ruined is somehow making our city unfriendly to ex-El Pasoans. The fact that this family is returning to the city has no bearing on the situation at hand. -- Sara L.

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City owes them $400,000 and should pay for the mistake. Applicant did everything he was asked to --- by the book-- and should not be punished.

Other point-- why is a group of nondescript, small houses in a historical protected district? The only unique part of the neighborhood is the part with grand, large houses. -- referee

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City of El Paso take Marty's suggestion, negociate with the home owners it's cheaper than loosing a law suit at tax payers expense, computer glitch they happen all the time. Marty congradulations on your clear and direct thinking. Valenzuela family get yourself a great lawyer, attempt to negoicate your best deal consider only damages suffered for building the house. Basement concept great idea. Don't get emotional, stay calm & collective this could very well be your your Ace, GOOD LUCK -- RickD

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In the private sector, this would not have been an issue. The city should accept its mistake and let the house move forward. PERIOD!!!!! -- george saucedo

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Just one minute! There is actually someone here in El Paso that looks at the architectural merits of houses before approval? Holy Cow! Where the hell have they been the last forty years?

There seems to be little question that the City has the ultimate liability in this case and selective administration of these laws smacks of the neighborhood malcontents flexing their political clout with a certain member of Council.

I look at some of the abominations that have been constructed in neighborhoods like Alexander and Kern lately, ones on tiny triangular lots with barely a sidewalk space between the house and street, and ask "Who approves this garbage?". Or just take a walk through Sunset Heights and ask where the hell the do-gooders on City Council are to force some compliance there.

Marty's response above is right on as to what the city needs to do to fix this....and you can bet if I'm sitting on that jury in a lawsuit the Valenzuelas will get every penny they invested back with interest, costs for time and trouble and a written apology from the City.

Don't get me wrong, I hate McMansions made of foam board and sprayed-on stucco. I particularly hate modern houses that hide behind garages. Why the Valenzuelas and their architect (if you can call him that, really) did not place the garage of the house on one of the property's two alleys is beyond me....just go take a look at the place and you wonder why the commission didn't make them fix that glaring aberration. It may have actually passed muster with the neighbors if that had been done.

Being the nosy sort I am, I just had to take a quick drive and see the neighborhood. Nice yes, I'd live there, but I'm asking why it's listed as historic when so many of our true historic treasures go without the protection of this designation.
-- DJ

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The Inner Loop: Margo, Moody, Money

Dee Margo complains about "Liberal advocacy groups, lobbyists, radical activists and other deep-pocketed allies..." as potential donors to Joe Moody's campaign but he does not admit that ultra-conservative billionaires like Paul Foster, Woody Hunt, Harold Simmons, James Leininger and Robert Perry (chief moneyman behind the infamous "swift boat" liars of 2004) have been among Margo's largest contributors.

Margo has no grounds to complain about Moody's campaign donors. -- Don Kirkpatrick

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I thought Margo zinged him pretty good.

Moody started in on this "contribution limit" against the advice of a lot of local people here in El Paso. Even the Strelz told him to can it and play hardball. Instead, he listened to the wrong people and made a huge mistake by handing the Margo camp a series of campaign ad themes.

Moody better find something good on Margo because the Craddick thing hasn't worked yet on Margo. Haggerty screamed it for months and still lost.

Moody better pray for a Hillary victory -- David K

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