4007 Duval St. Email Thread - April 2, 2019

From: "Roig, Jose G" <Jose.Roig@austintexas.gov>
Date: April 2, 2019 at 5:13:58 PM CDT
To: Meredith Brown <meredithkbrown@icloud.com>
Cc: "Tovo, Kathie" <Kathie.Tovo@austintexas.gov>, "Dial, Michael" <Michael.Dial@austintexas.gov>, "Wilcox, Todd" <Todd.Wilcox@austintexas.gov>, "Johnson, Ralph" <Ralph.Johnson@austintexas.gov>, "Libby, Jeff" <Jeff.Libby@austintexas.gov>, "Barr, Susan" <Susan.Barr@austintexas.gov>, mark harkrider <harkrider@westcapitol.com>, mary sanger <marysanger70@gmail.com>, Barbara Epstein <bepstein@grandecom.net>, Hugh Bender <hbender@bendertx.com>, "madelyn.kidd@sbcglobal.net" <madelyn.kidd@sbcglobal.net>, "Culver, Beth" <Beth.Culver@austintexas.gov>, "Lucas, Denise" <Denise.Lucas@austintexas.gov>, "Fabian, Jasmine" <Jasmine.Fabian@austintexas.gov>, "Starke, Dawn" <Dawn.Starke@austintexas.gov>, "Garrett, Elaine" <Elaine.Garrett2@austintexas.gov>
Subject: RE: 4007 Duval St.

Good afternoon Ms. Brown,

I just want to take this opportunity to acknowledge receipt of your communication, and thanks for bringing this to our attention. Please allow me to review the case and the communication on this matter. I will provide you with a response as soon as possible, which will include the steps taken to this date and future steps to obtain compliance with the code and approved plans.


José G. Roig, CBO Assistant Director
Austin Code Department
p: 512.974.1605
w: www.austintexas.gov/code
e: jose.roig@austintexas.gov
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> From: Lucas, Denise
> Sent: Tuesday, April 02, 2019 4:30 PM
> To: Meredith Brown <meredithkbrown@icloud.com>; Culver, Beth <Beth.Culver@austintexas.gov>; Roig, Jose G <Jose.Roig@austintexas.gov>
> Cc: Tovo, Kathie <Kathie.Tovo@austintexas.gov>; Dial, Michael <Michael.Dial@austintexas.gov>; Wilcox, Todd <Todd.Wilcox@austintexas.gov>; Johnson, Ralph <Ralph.Johnson@austintexas.gov>; Libby, Jeff <Jeff.Libby@austintexas.gov>; Barr, Susan <Susan.Barr@austintexas.gov>; Roig, Jose G <Jose.Roig@austintexas.gov>; mark harkrider <harkrider@westcapitol.com>; mary sanger <marysanger70@gmail.com>; Barbara Epstein <bepstein@grandecom.net>; Hugh Bender <hbender@bendertx.com>; madelyn.kidd@sbcglobal.net
> Subject: Re: 4007 Duval St.
> Ms. Brown,
> Thank you for bringing this concern to my attention. I am requesting that Jose Roig, Assistant Director at Code and Beth Culver, Acing Assistant Director and Building Official at DSD to look into this matter and to reply to this email with the next steps.
> Regards,
> Denise Lucas
> Interim Director, DSD
> > From: Meredith Brown <meredithkbrown@icloud.com>
> > Sent: Tuesday, April 2, 2019 2:27:03 PM
> > To: Lucas, Denise
> > Cc: Tovo, Kathie; Dial, Michael; Wilcox, Todd; Johnson, Ralph; Libby, Jeff; Barr, Susan; Roig, Jose G; mark harkrider; mary sanger; Barbara Epstein; Hugh Bender; madelyn.kidd@sbcglobal.net
> > Subject: 4007 Duval St.
> >
> > Ms. Lucas,
> >
> > In Sept. of 2018 I noticed construction at 4007 Duval on a shed at the end of a short driveway. The main house at 4007 is a 2 bedroom/1 bath yearly rental, and currently there are 4 tenants living there.
> >
> > My concern was that the shed was being converted into an ADU for future rental, so I began to inquire if this was legal by contacting city officials and the Hancock neighborhood association, of which I am a member.
> >
> > I learned that the original plans called for a kitchen sink but that was amended by the city because the lot is too small for an ADU. Doc.#1 attached.
> >
> > Document #2, page 8 dated 4/16/18 specifically says no plumbing permitted in the kitchen wall as well as no kitchen sink allowed.
> >
> > We received a letter from Todd Wilcox (see attached) that this unit is classified as an accessory building and not a dwelling unit.
> >
> > The Hancock Neighborhood Association sent a letter to the homeowner clarifying the STR issue (see attached).
> >
> > In late February I notified code enforcement (case 71663) that a sink had been installed in the kitchen in the unit shortly after the homeowner was issued a temporary certificate of occupancy. Ralph Johnson from code enforcement came out and was informed by one of the tenants in the main house that they were told by the landlord that the owner planned to rent out the structure in question. Mr. Johnson cited 3 violations: the kitchen sink, and the side and rear setback (CV 19-013520). The homeowner was sent a violation letter on 3/4/19 and to date this is still an open case.
> >
> > I placed a call to Michael Dial, code supervisor, to educate myself on what happens next. I was told that this matter is now in the hands of the Development Services Department. He also said the city cannot make the homeowner remove the sink. What is the purpose of having a code/ regulation if there is no way to enforce it? My hope is that the owner will be required to remove the sink and kitchen plumbing, as he was never given a permit to add these to the dwelling.
> >
> > I wanted to bring this matter to your attention in the hope that if need be, my neighbors and I will have your support to ensure that our building codes are taken seriously by homeowners and not flagrantly ignored, as is the case here. At the very least I would hope the temporary certificate of occupancy would be revoked until the violations are resolved.
> >
> > I look forward to hearing from you.
> >
> > Regards,
> >
> > Meredith Brown
> > (860) 307-3404