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Board denies renewed height exception for Patriot Drive property after prior exemption expired
Summary
The Board of Adjustment denied Firefly Cove LLC’s renewed request to exceed maximum height limits for a home at 2705 Patriot Drive, citing the prior special exception had expired and the applicant did not meet ordinance procedural requirements such as a ridgepole and sufficient documentation.
The Lago Vista Board of Adjustment on Sept. 8 denied Firefly Cove LLC’s request for a special exception to exceed height limits at 2705 Patriot Drive (Island Lakes Estates, Section 29, Lot 29028). Staff told the board that a prior special exception granted in September 2021 had expired and that extensions under the city ordinance are strictly limited.
Staff reported the prior exemption had lapsed; under city procedures an expired approval must be re-applied for and may only be extended for a limited period by written request and city manager approval. Several board members said the applicant had not provided required information for this hearing and that factual questions remained, including whether the lot sits within a floodplain and whether the required ridgepole had been erected during the application period.
Board members and staff also raised concerns about inconsistent mailed notices to surrounding property owners. Board members asked staff to verify the mailing list and to reissue consistent notices before acting. Board member Harris said there was “insufficient information” to rule and moved to deny based on the ridgepole requirement and neighbor opposition; his motion to deny was seconded and, after a vote, the motion passed unanimously.
Multiple neighbors spoke in opposition and also said they had not received mailed notices in a timely way. Resident William McCord said he did not receive a notice and that the stalled construction had obstructed his sunrise view; Kenneth Fordman, who lives across the street, described the site as an “eyesore” and said he did not receive mailed notice.
Staff also flagged technical discrepancies in the applicant’s building-permit materials noted during the hearing: the permit lists 1,491 square feet of livable area while the city’s minimum is 1,500 square feet; the plan lists a 392-square-foot garage while the city minimum garage is 400 square feet. The board requested staff verify those figures and confirm floodplain status and notification records if the applicant returns.
The board closed the public hearing and denied the renewal request. No additional direction to staff beyond verifying notices and technical permit data was adopted at this meeting.
Actions: motion to deny (23-2800-SP-E) — mover: Mr. Harris; second: Mr. Hall; outcome: denied (unanimous vote).
Proper names and items referenced include Firefly Cove LLC; Island Lakes Estates Section 29; City of Lago Vista Chapter 14; City Manager West; Brad Bullock (city attorney).
