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Council grants one permit-fee waiver, tables another after mixed votes

3684263 · June 5, 2025
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Summary

Lago Vista City Council approved a waiver of a permanent permit-extension fee for a Cardinal Lane house, denied and then tabled a similar rebate request for a Cedar Ridge project while staff seeks legal guidance on refund authority.

The Lago Vista City Council split on two requests asking the city to waive or refund building-permit extension fees for large custom homes.

At the June 12 meeting the council approved a waiver for a permit at 21313 Cardinal Lane (RFP/project 11783) where the applicant argued the size of the house and floodplain elevation requirements made the one-year permit period impractical. The motion passed 5–1; Councilor Durbin was recorded as the lone dissenting vote.

Separately, the council considered a related request from the owners of 6801 Cedar Ridge asking for a refund of a fee they had already paid. Applicants said a delayed cabinet shipment and other construction dependencies prevented final inspection within the paid extension period; they asked the council to return the third extension fee of $4,087.50.

City staff and the city attorney cautioned the council that the municipal code does not clearly authorize refunds of building-permit fees already collected and that the legal authority for rebates is unclear. City Attorney Brad Bullock advised that the ordinances generally provide for variances in advance but do not contemplate after-the-fact refunds; he warned a court challenge could follow if the city refunds fees without explicit authority.

Following discussion, council first voted 4–2 to deny the Cedar Ridge rebate request, then later reconsidered and voted to table that item for further legal research and to return to council by June 26 with a memorandum detailing whether a rebate or refund is permissible under state law and city ordinance. Council also asked staff to provide the email or written advice applicants reported staff had given them when they paid the fee.

Ending: Council approved the Cardinal Lane waiver and directed staff and the city attorney to report back on whether a refund for the Cedar Ridge permit can legally be issued; the Cedar Ridge request remains on the June 26 agenda pending legal review.