Permit review and appeal (Austin: apartment, attorney, neighborhood)

[dewberrywd]

How do I get a review and/or appeal of a building permit? A McMansion is being constructed on a lot behind my next door neighbor, and the accessory building that is going up behind it is violating its permit. The permit is for a 1-story accessory garage/carport with (air-) conditioned attic space. The building is 2 stories with a balcony and picture window in the 2nd story. No driveway is going to the front of this building. It looks like an illegal apartment. The City of Austin site inspector denies this and insists a full review was done. Something is very wrong here. The owner verbally changed her story about this building to "dog wash" and storage for "art supplies" as the purpose of this accessory building. This is a transparent lie, but the City of Austin inspectors don't want to do anything about it. This accessory building towers over my back yard and violates my privacy. How can I go over the heads of the site review team?
Thanks,
William Dewberry

[centralaustinite]

Have you called 311? I would call and register your complaint if not daily, at least 2-3 times a week, hopefully you can get the construction temporarily stopped.

I would contact the head of your neighborhood association first, they tend to know a lot about the City process and zoning and McMansion ordinance. If they can't offer any help, then I'd contact the good folks at the Austin Neighborhood Council.

You may or may not be able to do much. Find out what the zoning is, whether or not there is a neighborhood plan in your area, whether or not the McMansion ordinance even applies (it is not City wide). You can use the City system (City web site, then development, then the interactive building permits and plans) to look at the permit, it sounds like you have talked to at least one person who does site review?

You can PM and I can share some other ideas and contact information for folks with the City. You have talked directly to the owner? If she is violating the permit but not violating the zoning for the lot, you might be stuck. Try to talk to them politely, if you can't (it can be very hard) you might try writing a letter or having an attorney do so. But if the zoning is in place . . . you have to pick your fights.

[ROY DUBOSE]

you can go online to the city website and research the individual projects, and get a copy of the zoning requirements under which the projects are granted -- following, you can go to the permit office and meet with the city planners -- i'd recommend asking for the department head -- they are usually very cordial and helpful

[thesonofgray]

Unfortunately, I have no confidence in the COA code inspectors. I had an issue in my old neighborhood that was a blatant code violation, but after a couple of 311 filed complaints, the inspector simply ignored the problem.

I would somehow try to bring pictures and show them to code enforcement - face to face - so they have to deny the obvious right in front of you.