Home Builder Gets Off Scot Free

I briefly touched on this in a prior post.

Here is the almost final resolution:

Aug 18, 2005

Owner Won't Have To Alter 5 Houses
By JOS PATIO GIRONA
jpatino@tampatrib.com

SEMINOLE HEIGHTS - The city of Tampa will allow a property owner to keep five houses as they are, even though they don't meet building guidelines for the neighborhood.

Thom Snelling, the city's manager for land development and zoning, said the city looked at the developer's plans to make the homes comply, but determined they wouldn't work.

The homes in east Seminole Heights, owned by Norman Murray, are supposed to be 18 inches above the finished grade. But the five homes -- at 811-817 E. Paris St. and at 6007 N. King St. -- have little elevation from the ground to meet flood requirements.

"This is going to have to be the one lesson learned," Snelling said.

The builder, All State Homes, proposed removing dirt from the front of the homes to achieve the 18-inch grade. It planned to add a brick veneer to the lower part of the facade and steps leading to the front door. The company also suggested adding a railing and shutters.

But scraping the front lawn could damage the roots of trees on the properties. Developers also proposed a complex drainage system that could make the properties prone to flooding in the future.

Ultimately, the changes wouldn't add enough character to the homes to resemble the others in the neighborhood, Snelling said.

"What they are proposing is not a positive step forward," Snelling said. "It might look more out of place."

The homes are in the Seminole Heights Overlay District. The district, established in 2001, sets standards such as home elevation, roof pitch and the type of fencing. The boundaries are 15th Street on the east, Dr. Martin Luther King Jr. Boulevard on the south, and the Hillsborough River on the west and north.

Snelling said the city would take measures to prevent a similar mistake from happening again.

Some of the steps include:

• Stamping the words "overlay district" on the site plans to make sure inspectors are aware;

• Demanding elevation plans when designs are presented to city;

• Making overlay districts more uniform. For instance, in the Seminole Heights Overlay, the floor of the homes have to be 18 inches above the finished grade, while in the West Tampa Overlay the floors have to be 24 inches above the finished grade.

• Holding training sessions for city building inspectors and residential planners.

Snelling said residents can appeal his decision on Murray's homes to the Variance Review Board.

Seminole Heights resident Bill Duvall said it's unlikely anyone would appeal, although he was disappointed about the ruling.

Duvall, president of the Tampa Homeowners and Association of Neighborhoods and former president of the Old Seminole Heights Neighborhood Association, said he is meeting with city officials in charge of residential building to discuss what happened and to try to avoid future errors.

Murray was pleased with the city's decision. The city had allowed him to rent three of the homes, but didn't extend him a certificate of occupancy for the other two. Those homes have been vacant since April, although people were supposed to move in April 1.

"It was pretty obvious from the start that there was no way to make radical changes," Murray said. "Really there is no good solution. It's like beating a dead horse. You're not going to get anything out of it."

The five homes each have four bedrooms, two bathrooms and about 1,400 square feet. Rents are $975 and $1,010 a month.

The homes are painted in vibrant colors, and the city may ask Murray to paint them a more subtle tone that reflects the neighborhood, Snelling said.

Murray said he would consider the city's request.

This story can be found at: http://centraltampa.tbo.com/centraltampa/MGBP1TTXHCE.html

Some comments:
Murray was told by at least 2 people he was in the Overlay District. "He absolutely knew about the overlay district."

Yet he gets away with it.

The City should make him change the colors and have him make a donation of $5,000 to the Old Seminole Heights Civic Association.

Second. What is up with the City Construction Services Department? This is not the first time they have been made aware that their staff needs to pay attention to the Overlay District. It's ridiculous that it is only now they are taking steps to do so.

In addition to the steps they plan to do, they should add a feature to their computer system that automatically flags the homes as being in a the Overlay Disitrict.

They should also put the guidelines on the City website. It is further ridiculous that the only place to find it is on the Old Seminole Heights website.