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Old 09-18-2013, 07:52 PM
 
1,549 posts, read 1,954,663 times
Reputation: 1668

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If this is in Hyde Park proper, they must comply with the Preservation Plan and Design Standards addressed in Ordinance #20101216-093. It's very detailed about what can and cannot be done to a property. These aren't technicalities, they are part of owning property in what is now a protected historic district. Either the OP is unaware of the entire scope of what's being disputed or has left out critical details.

What I'd really like to know though is how exactly you can hold a third party legally responsible for your sibling's poor behavior against you? If that's possible, I've got some lawyering up to do.
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Old 09-19-2013, 07:18 AM
 
Location: SW Austin & Wimberley
6,333 posts, read 18,049,590 times
Reputation: 5532
Quote:
Originally Posted by scm53 View Post
I'd be REALLY careful before I took this advice.

First, I've adjudicated enough conflicts in my life - at home at at work - to know there are two sides to every story. I'd like to know on what basis the OP's sister was sued. I have to wonder if it was a response to the variance request, vice an actual suit. If it was a suit, for what?

Second, even if it was, how does that constitute "unethical behavior by an employee"? So go down that road - make your complaint. How does that play out? "Uh, XYZ, the AG is running for governor and we'd like you to lay off your neighbor." Hey, I'm just exercising my rights on my free time. How is that the AG's concern? Next performance appraisal - anything less than glowing, or no raise - off to court, this time for defamation of character pro quod - real damages. You think the OP's sister's life is he** now, just wait for that. Like you don't want to start arguments with people that buy ink by the barrel, you really don't want to open yourself up to a defamation suit with an attorney.

Third, that is just the legal level - how about the "do unto others as you would have them do unto you" level? Do we really want to get to a point that if our neighbor does something within their rights, on their time, that we can try to embarrass their boss to pressure them into stopping? Joe Blow hates the idea of building a new high school SW, so he pickets the school board. Do you want his boss getting calls to tell him to stop?

All you in the "all's fair in love and war" camp need to realize, there is such a thing as counter battery fire. Since we are talkin' 'bout war...
Fair enough.

I guess I was assuming that the neighbor is out of line and abusing his authority because I've personally experienced myself and heard other anecdotal stories about this sort of thing. If he is making these complaints and spending his AG work time on this, or sending emails or letters on the clock when he should be doing his state job, then he is exposing himself and AG office by not keeping a firewall between his personal activities and his role with the state. Especially if he has inferred in any way that is role with the AGs office is somehow further warning the the home owner had better do his bidding.

I had a listing recently in Hyde Park for which I received a nasty phone call from a neighbor, whose whiny nasally voice sounded right out of central casting, informing my in an indignant tone that my sign had to be inside the setback line and was too close to the street.

Another agent friend of mine with another listing was harrassed by a neighbor demanding to be kept informed about who the buyer was, what they planned to do with the house, if it was going to be an investor, if they would be remodeling, etc.

In short, some of these central Austin people have their noses way up to far in other people's business, so it is within that context that I read the OPs story and it all seems to fit what I already know about some of these busybody neighbors. Nobody should have to put up with that sort of abuse.

That said, I agree with others who've said that there are rules that have to be followed. If you don't follow the rules, you invite the scrutiny of the neighbors.

Steve
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Old 09-19-2013, 08:09 AM
 
Location: central Austin
7,228 posts, read 16,095,392 times
Reputation: 3915
There is almost but not quite information here to go digging and find out the real story. I agree with those who have said that this story is horribly incomplete. OP admits that "mistakes were made" and I think a LOT is being glided over with that statement!

And I repeat: the only place to spend money here is on a professional land use consultant who works in the trenches of City of Austin building code every single day. And god help them if the OP siblings haven't been civil with CoA staff!! Get a professional on your side who can educate you about code and historic district issues and who can move the process forward. Otherwise, sell and get out! Land value alone should enable a decent home out in a master planned community somewhere.
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Old 09-19-2013, 12:05 PM
 
34,619 posts, read 21,598,192 times
Reputation: 22232
I'd like to know what the neighbor's beef is.

Is she upset about the construction?

Are they adding a second story that will block some view?

Are they removing trees or bushes that she loved?

What is the basis of the neighbor's issue? I'd find it highly unusual that the neighbor is doing this out of boredom or just trying to see how far she can push something.

A lot of information, including the most basic components, are missing in this story.
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Old 09-19-2013, 02:12 PM
 
56 posts, read 134,420 times
Reputation: 84
Looks like a Hyde Park Historic District came into being in 2010. If they're in it, that's the source of their problems.
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