May 2, 2008
In a rare move, El Paso Mayor John Cook today vetoed Tuesday’s 5-2 vote by the City Council that prevented Jorge and Lisa Valenzuela from completing the home they have under construction at 111 Pennsylvania Place. [See veto document via link at bottom of story]
But West Central City Susie Byrd, whose District includes the Austin Terrace Historic District and the Valenzuelas’ home site, said the veto may hurt more than help the situation.
Cook issued the veto this afternoon, overturning the council’s approval of the appeal filed by Austin Terrace residents of the decision by the city’s Historic Land Mark Commission to give the Valenzuelas a certificate of appropriateness for the design of their home.
In a memo advising City Council members of his veto, Cook expressed his disagreement with their decision and said the city should have negotiated with Jorge Valenzuela on the matter before voting.
“I believe the city should allow for the opportunity to see if an alterative or other compromise could be appropriate … because the homeowners affected have testified that they will suffer an undue financial hardship despite attempting to comply with the city’s ordinances and having received a building permit and taken action on reliance on that fact” Cook’s memo reads.
It would take six votes by the eight city representatives to overturn Cook’s veto.
The council voted 5-2 Tuesday in favor of Byrd’s motion to uphold an appeal by Austin Terrace residents challenging the landmark commission’s decision that the design of Valenzuela’s home was appropriate for the district. [npt background]
Jorge Valenzuela had obtained a building permit from City Hall giving him the go-ahead to start construction on the house.
But, because of an error at City Hall, his application for that permit wasn’t sent to the landmark commission for advance approval as required.
At Tuesday’s City Council meeting, Valenzuela said he has spent more than $100,000 so far on construction of the home that he expected to cost about $330,000 in all.
Byrd said that she hadn’t heard from the mayor and was not sure of his reasons for the veto.
"I'm assuming it's out of concern for the property owner," she said.
But, she thinks the veto will complicate matters.
The only options for the city now, given the expense the owner claims for the partially completed home, are to allow him to finish or force him to spend his own money to make changes, she said.
Byrd said for the city to atone for its mistake and still address neighbors' concerns about the home's suitability for the historic district, the Valenzuelas would have to file a claim against the city.
Otherwise, she said, the city cannot spend any money on it and would depend on the Valenzuelas willingness to compromise.
"I feel all the mayor's action has done is prolonged that process and made it so we can't … sit down and work through a settlement with the property owners," Byrd said.
She said she believes Valenzuela still must go before council for approval, and thinks the mayor was trying to lobby council members.
"I believe he had (executive assistant) Sylvia Firth go around and talk to council yesterday but he didn’t speak to me about it," Byrd said.
And, she said, not only did the mayor offer no leadership during the City Council discussion and in the weeks prior.
But, she added, "he told me after the meeting 'I think you did the right thing.' ”
David Crowder can be reached at dcrowder@epmediagroup.com and (915) 351-0605