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Council allows veteranowner to keep older manufactured home but requires homestead proof
Summary
Council approved a variance allowing an older manufactured home to remain but denied the owner-occupancy (homestead-exemption) variance; staff will help the owner work with the appraisal district and with required inspections before issuing a certificate of occupancy.
The council unanimously approved a decision to allow a manufactured home that exceeds the city's age limit to remain on a lot after the Board of Adjustment and Appeals recommended approval for the age variance, but denied a requested variance that would have waived the city's owner-occupancy (homestead exemption) requirement.
Planning/inspection staff explained that the Unified Development Ordinance prohibits installation of manufactured homes older than 20 years and requires owner-occupancy for manufactured homes placed on individual lots (the owner must remove any homestead exemption on another property and have title/deed in the same name). The board found the house's condition acceptable for an age exception but recommended denial of the owner-occupancy exception.
Property owner John Alvarez described efforts to acquire and move the home, including title complications and the timing of the UDO change, and said he intended the unit to be his residence. “I've been trying to do this as much a professional manner as'I've,” Alvarez said, describing steps taken to level the lot and secure the unit. Staff told council Alvarez had applied to the appraisal district to change homestead status and that the city would accept a state "statement of ownership" as interim evidence of title.
Miss Fulghum (staff) said if council adopted the board's recommendations, staff would withhold the certificate of occupancy until Alvarez cleared title and either removed an existing homestead exemption or otherwise established owner-occupancy, and the city would coordinate with the appraisal district. Council then made a motion to adopt the Board of Adjustment and Appeals' recommendation: approve the variance to the age restriction and deny the variance that would waive owner-occupancy proof. The motion passed with all in favor.
Councilmembers asked staff to assist Alvarez with the appraisal-district paperwork and to refrain from enforcement while he completed plumbing and permitting work needed for a CO. Alvarez, a Vietnam veteran, thanked the council and staff for the assistance.
