Just learned we have an un-permitted swimming pool! (Austin: power lines, renting)

[txpacotaco]

We purchased our 1974 ranch home in 2007, and are in the middle of a major kitchen remodel. My husband went to get a building permit for an interior wall we're moving, and discovered that a previous owner had installed our (very large) swimming pool without a building permit. It turns out they applied for a permit two different years and both permits were declined. We believe the pool was put in around 25 years ago.

The permitting office told me husband we'll have to get a permit for the swimming pool before we can get any additional permits for our remodel, and my husband is investigating what is required today.

My biggest concern is the possibility of being fined for having an un-permitted swimming pool on our property, although they didn't mention that to my husband.

Does anybody have any experience with this type of situation? Any suggestions about next steps? Thanks in advance for any advice.

[centralaustinite]

You won't be fined at least not right away. The city will work with you to find a solution. There are zoning and permitting consultants you can hire (for much less than an attorney) who can help you. Most will even talk to you for free and give you a sense of what your options are. The worrisome part is that your pool is apparently out of compliance with code in some way and that is why the initial permits were not approved, not sure how they will want to address that. DM if you want and I can give the contact info of a land consultant who used to be a city inspector. good luck!

(the previous owner must have been a piece of work!)

Edited to add: it is always worth a few minutes of your time to run the address of any property you are considering buying through the development database to see if there are any open permits, or ask if any work done on the home was permitted. Can save big headaches later on.

[Exiled Texan]

Why do you think it was denied? They are hard core about not having pools to close to power lines. If that is the reason, I have heard about them requiring the pool be filled in. Something about no flexibility on things they view as a life and death hazard.

[ImOnFiya]

If you live in Austin, you may want to try and get a variance from the Board of Adjustment. You can watch their meetings online here: City of Austin l Channel 6. Go to the 'Boards and Commissions' tab, then search down for 'Board of Adjustment' to view the meeting. FYI: Austin's BOA is very detailed in its scrutiny of cases.

Warning: If order to get a variance for the pool, your property must have some sort of hardship.

centralaustinite's suggestion of a "land consultant" is spot on. The land consultants normally can find the hardship(s) which will appeal to the BOA's sensibilities.[If you watch the meetings, you'll see at least 2 or 3 plead their cases on behalf of clients to the board. They normally win.]

Good luck !

[austin-steve]

I'd call a reputable pool company that builds a lot of pools in Austin, and therefore deals with the city regularly on permits, and ask if they can help you with the process, or at least provide some insight as to why permits are declined. If nothing else, you might get a name and phone number of someone who can help you cut to the chase on what you can/can't get done.

Also, it would be important to know why the previous permit applications were declined. Remember, we're talking about pinhead bureaucrats at the city of Austin. Not the sharpest knives in the drawer (yes, I have some war stories and some resentments). It might be that the paperwork was rejected for some stupid reason and the owner finally decided WTF, I'm just gonna go ahead - not that pools are forbidden on your property.

Steve

[Paulmmm]

The Statesman had a couple of articles about this type of thing a few months ago. I think the way I remember it is that people had bought houses, and now all of a sudden, they were getting notices from the city about illegal pools, garages, additions, etc. that were done, like, 20 years ago and were already there when they bought the house. (I found one of the stories - September 8, "Residents Still Trying To Resolve Code Violations" - but it costs to download it from the Statesman's archives.)

Those situations might not be the exact same as yours, but if you read the stories, there might be some info there that will help you out. Good luck!

[Dr.Mom]

Originally Posted by centralaustinite

Edited to add: it is always worth a few minutes of your time to run the address of any property you are considering buying through the development database to see if there are any open permits, or ask if any work done on the home was permitted. Can save big headaches later on.

Sorry to bug you, but do you happen to have a link for this site? I did a search and came up with a search site for permits, but you have to go year by year and it's not been very productive for me. We're looking at a house that had some massive reno work and nothing is coming up. Seems questionable. TIA!
https://www.ci.austin.tx.us/devrevie...er_permits.jsp

[centralaustinite]

Yes, that is the site. Just keep going year by year, often a permit is applied for 6-12 months before the work is done. You can also call the "one stop development shop" and talk to someone, be super friendly and they can usually help.

You could also hire a land consultant, they are not expensive, will often do preliminary work or research for free or for a low set cost. The city databases are huge and like many huge data sets, have their quirks when it comes to searching. Another tact would be to make any contract contingent on "proof of permitting." Many many renovations are done without permitting, the owner should have to disclose it (lack of permits) at the time of sale.

[Exiled Texan]

I'm doing my reno permitted! But, two separate additions to the house I bought were unpermitted. We had to replace the plumbing in one as a result. Shoddy, shoddy.

[BentBow]

Makes you wonder if it really is your property or just renting it, doesn't it.
We no longer have property rights. We are given permission by the master.