Adam Benefield
Councilmember
Council tabled agenda #11 until our next meeting on June 26th to discuss the Permit Variance associated with Project #10985 at 6801 Cedar Ridge
The original 1 year permit was issued on 6/14/23 with an expiration on 06/12/2024
The first 6 month extension was issued on 06/12/2024 with an expiration on 12/12/2024. The fee for this extension was $4,087.50
The second 6 month extension was issued on 12/12/2024 with an expiration on 06/12/2025. The fee for this extension was $4,087.50
The applicant paid the second 6 month permit extension on 01/16/2025 but it expired on 12/12/2024.
Certificate of Occupancy was issued for the home on 01/29/2025.
The gaps between the inspection reports were 79 days, 48 days, 61 days, 124 days, and 63 days.
Email Exchanges:
1) On January 8th, 2025, applicant emailed Taylor Whichard: "I am writing in regard to the project at 6801 Cedar Ridge, Lago Vista that is currently On Hold in MyGov. I would really appreciate your help on this one. We would like to request a grace period to complete the landscaping in order to move forward with the building final inspection. To provide some context, the permit for this project was issued on June 14, 2023, and an extension was paid on June 12, 2024. Within three weeks of that extension payment, we received an additional notice requesting that we file for another extension. This was somewhat confusing, as the extension we had already paid for had not yet expired. Unfortunately, this was overlooked (since it came 5 months ago), and we were reminded on January 2nd via email that the project has been placed on hold. Please note that all inspections were completed and passed prior to the expiration of the extension, up to the point of the "building final", which we are unable to schedule until the landscaping is completed. Material and installation is scheduled, however the upcoming weather may affect the completion, but we're still targeting January 16th to have our building final inspection. Should there be any items noted during the inspection that need to be addressed, I have already arranged for my subcontractors to be on standby and can ensure that any necessary corrections are made within a day or two, preventing further delays. We appreciate your understanding and cooperation in this matter and kindly request you approval for an extension to complete the landscaping. Please let me know if you require any additional information. The best case scenario is the additional permit fee is waived. It was literally one month and the house is complete with the lawn to be completed by next week. Thank you for your time and consideration!
2) On January 8th, 2025, Taylor Whitchard sent the following message to the applicant: "In order to obtain the permit extension you will need to pay the fees in full. I am unable to waive any fees. That is a decision made by City Council. Once you have obtained your CO, you are welcome to present your case to City Council to see if they would provide you that waiver and give you a full or partial refund.In order for this to happen, you will need to provide an email explaining your hardship in great detail so it can be placed in the packet."
3) On May 15th, 2025, Jillian sent the following message to the applicant: "Your first extension expired on 12/12/2024. You paid for your second extension on 01/16/2025 and your final passed on 01/29/2025. It is rare we give refunds for permit extensions but let me see what I can do and get back with you. It will be next week, give me until Monday afternoon."
4) On May 20th, 2025 Tam sent the following message to applicant: "Good Morning,I am not able to refund your permit extension without Council’s approval. Our ordinance does not state that we can prorate permit extension fees. If you want a partial or full refund, please request to speak to Council. Thanks."
Thoughts and Considerations:
1) Denial
2) Approval
3) Partial Refund
The original 1 year permit was issued on 6/14/23 with an expiration on 06/12/2024
The first 6 month extension was issued on 06/12/2024 with an expiration on 12/12/2024. The fee for this extension was $4,087.50
The second 6 month extension was issued on 12/12/2024 with an expiration on 06/12/2025. The fee for this extension was $4,087.50
The applicant paid the second 6 month permit extension on 01/16/2025 but it expired on 12/12/2024.
Certificate of Occupancy was issued for the home on 01/29/2025.
The gaps between the inspection reports were 79 days, 48 days, 61 days, 124 days, and 63 days.
Email Exchanges:
1) On January 8th, 2025, applicant emailed Taylor Whichard: "I am writing in regard to the project at 6801 Cedar Ridge, Lago Vista that is currently On Hold in MyGov. I would really appreciate your help on this one. We would like to request a grace period to complete the landscaping in order to move forward with the building final inspection. To provide some context, the permit for this project was issued on June 14, 2023, and an extension was paid on June 12, 2024. Within three weeks of that extension payment, we received an additional notice requesting that we file for another extension. This was somewhat confusing, as the extension we had already paid for had not yet expired. Unfortunately, this was overlooked (since it came 5 months ago), and we were reminded on January 2nd via email that the project has been placed on hold. Please note that all inspections were completed and passed prior to the expiration of the extension, up to the point of the "building final", which we are unable to schedule until the landscaping is completed. Material and installation is scheduled, however the upcoming weather may affect the completion, but we're still targeting January 16th to have our building final inspection. Should there be any items noted during the inspection that need to be addressed, I have already arranged for my subcontractors to be on standby and can ensure that any necessary corrections are made within a day or two, preventing further delays. We appreciate your understanding and cooperation in this matter and kindly request you approval for an extension to complete the landscaping. Please let me know if you require any additional information. The best case scenario is the additional permit fee is waived. It was literally one month and the house is complete with the lawn to be completed by next week. Thank you for your time and consideration!
2) On January 8th, 2025, Taylor Whitchard sent the following message to the applicant: "In order to obtain the permit extension you will need to pay the fees in full. I am unable to waive any fees. That is a decision made by City Council. Once you have obtained your CO, you are welcome to present your case to City Council to see if they would provide you that waiver and give you a full or partial refund.In order for this to happen, you will need to provide an email explaining your hardship in great detail so it can be placed in the packet."
3) On May 15th, 2025, Jillian sent the following message to the applicant: "Your first extension expired on 12/12/2024. You paid for your second extension on 01/16/2025 and your final passed on 01/29/2025. It is rare we give refunds for permit extensions but let me see what I can do and get back with you. It will be next week, give me until Monday afternoon."
4) On May 20th, 2025 Tam sent the following message to applicant: "Good Morning,I am not able to refund your permit extension without Council’s approval. Our ordinance does not state that we can prorate permit extension fees. If you want a partial or full refund, please request to speak to Council. Thanks."
Thoughts and Considerations:
- What authority does City Council have to authorize permit fee refunds, and would granting this request establish a precedent that could lead to a wave of similar refund requests from other builders?
- Given that staff explicitly informed the applicant that a refund could be considered by City Council, how much weight should be given to those communications in evaluating this request?
- Were there any relevant ordinance changes, internal discussions, or known staff practices during the timeframe of this project that may have contributed to confusion or delay, and could those factors reasonably support the applicant’s request for relief?
- Was the project substantially complete at the time of the extension lapse, and does the Certificate of Occupancy being issued shortly thereafter reduce the impact of the permit technically expiring?
- Has the applicant demonstrated good faith throughout the process, and were there any city-side delays or miscommunications (e.g., early renewal notices, staff turnover, MyGov issues) that contributed to the misunderstanding?
- Does the 124-day inspection gap raise any flags about project inactivity that may conflict with the intent of the extension policy, or is that gap reasonably explained by the construction cycle or weather conditions?
1) Denial
2) Approval
3) Partial Refund
