Travis County Commissioners Court
September 18, 2007
Item 15
Number 15, consider and take appropriate action on request for a variance to chapter 64, Travis County regulations for flood plain management for a home located at 1605 center point lane. Joe and stacy.
>> this home was damaged as a result of the recent flooding, the July flood. The problem with the home is it was constructed in 1985. Travis County regulations for flood plain management require all homes built on Lake Travis since 1982 to be an elevation of 717 feet. This home is approximately at 699 feet. It received damage in the recent flood event. I was not able to issue a permit to repair that flood damage because the home is noncompliant with our flood plain regulations. The postwaits and their son and daughter-in-law have requested a variance to our elevation requirements so they can rebuild the home. Staff is not recommending this variance.
>> so at 699 feet high, and sure in order to comply?
>> 717 feet. Approximately 18 feet higher.
>> so how much damage was done?
>> it was damaged to approximately 20% of its value.
>> and they need a construction permit in order to make those repairs?
>> yes.
>> you all are the homeowners?
>> is it pronounced postelwaite? Yes.
>> allen postelwaite. We performed the home in July of 2003 from the owner and we were not aware of any of these building permit issues. It was not disclosed --
>> could you repeat that, please? Distraction over here with noise.
>> we purchased the home in July of 2003 and we were not aware of any building permit problems. And it was not disclosed by the sellers of the property that you needed a permit to build after a flood.
>> we were unaware that there wasn't a permit for the home when we bought it. We were unaware that it was noncompliant.
>> the house was built in 1985 supposedly without a permit, but we did not know that when we purchased the home.
>> did you talk -- have you talked to the title company?
>> yes.
>> and what does the title -- I mean isn't there some responsibility the title company has?
>> supposedly not.
>> have you asked an attorney that?
>> yes.
>> and does the attorney agree?
>> the attorney agrees.
>> did you have the home inspected when you bought it?
>> we did.
>> and the inspection didn't --
>> we have a disclosure from the seller saying he was not aware of any building without a permit. And we're not looking for any public assistance, we're going to cover the cost ourselves.
>> but the problem we've got is from fema to deny flood insurance county-wide unless we enforce fema policies. And one policy is if a home in a flood plain is below 717 feet and gets damaged as a result of a flood, we don't permit unless it's raised to that height. That's a great distance to raise it, isn't it, 18 feet?
>> yes.
>> that's the reason sher saying effectively they would have to rebuild and it would be cost prohibitive to do that, judge, I mean, but the one caveat that I think is kind of interesting, and after reading all the backup, stacy, is -- I mean because you all -- I mean we're not going to be able to subject ourselves to, you know, any sort of infractions from the feds to put the entire county program into jeopardy. I don't think that's something you all would ask of us either. I don't know why we couldn't assist in being able to go to fema and ask to take them out, I mean the backup says that as a last resort fema can do that, I mean if you got somebody that says, hey, I want to rebuild, you are not going to get flood insurance, you know, knowing that you are below it.
>> we're aware of that.
>> you are not going to jeopardize the county, and I mean I -- I mean why wouldn't weigh say, fema, this may be one of those instances where, I mean, we wouldn't mind unless there is some liability, stacy.
>> see, the chapter 1360 which is what you are talking about where we can go as a county and as a last resort ask fema to remove the property from the flood insurance rolls. That is looked upon as a last resort. We would have to go through our full enforcement procedures against the postelwaites to try to get them to comply. That could mean fining them. You know, going through the whole enforcement process before we can ask fema. It is a last resort. We would have to have our attorneys basically draft a letter saying that in their legal opinion, the county has done everything it possibly can to get these folks to comply. Please hold us harmless from this. And at that time fema can remove the home from the flood insurance rolls.
>> does it sound like legal, I mean, that that -- I mean that they are really -- they don't have a case against the title company that would sell them something and not disclose something as egregious as, guess what, I mean you are not a foot below, you are 18 feet below. I mean -- I mean can you give us that opinion without us huddling up in the room back there?
>> not on this specific case. I would probably need to look at it more closely. It's not something that we do, but I can find that answer out for you.
>> so how much repair work can be done without triggering the fema regulations?
>> none.
>> I'm certainly sympathetic to your situation, but I mean I've got to agree with our staff that we can't do anything that would subject the county to losing, you know, its ability to participate in the program. But I would, I mean just as a person and see what we could do, and I mean I guess if there are procedural things that we would have to do because of chapter 13.
>> 13-16.
>> 13-16, I mean I would -- I would think that I would be supportive of trying to help you out there. I mean unless, of course, staff said, okay, Commissioner, you are fixing to trigger all sorts of, you know, other crazy things. I think you have a great case to be asking for a variance, and some people may look you in the face and say did you not see everybody else up in the air and you all are way down, you know, below that? But I guess stranger things have happened. But I need to see if there is a way that we can work with you where we just don't jeopardize the county's stance with -- you know, with the flood insurance, with the federal flood insurance policy.
>> right, sir, and we're covering all costs of repair and cleanup. We're not asking for any federal money or county money.
>> it's a separate issue though.
>> I understand.
>> to provide the variance so you can spend your own money puts in jeopardy other people's ability to get flood insurance on compliance.
>> okay.
>> why wouldn't the fact that there wasn't a permit for the house and it's not noncompliant, why would that not be on the Travis County plat map?
>> because there weren't a a permit.
>> we didn't know either.
>> but it's being assessed and taxed.
>> well, sure, but that's a separate -- those are separate issues.
>> right.
>> I mean in some regard as painful as this is to hear, this is kind of a buyer beware circumstance.
>> is there anybody that we can get with that would help us -- I mean I would like to know whether there is any action against the title company because it came back there were no issues.
>> and that's a private legal matter. But I mean the property from the map, it's plainly in the flood plain, and any purchaser would know that it was --
>> right, and we knew it was in the flood plain. That wasn't the issue. We were fully aware it was in a flood plain. We did not know it wasn't compliant with fema.
>> we had no idea that living in the flood plain, even if you are responsible for the cost of your property, you could still not rebuild after a flood. We didn't know it would affect the whole neighborhood or fema in general.
>> I can see where you wouldn't know that. That's not something that
>> [inaudible] that's pretty confusing.
>> you don't want us to take action today. So do you all live in the --
>> we can't.
>> is it your residence, though, I think is what he was --
>> yes. Yes. Currently there are no bathrooms. There is no sink. There is no kitchen. You know, we received three foot of water inside and so we did the demo work and when we started to rebuild, we were putting in insulation and sheetrock and the county came in and stopped us and that's what happened.
>> so are we required to notify fema of every variance that we grant?
>> yes, we are.
>> not that I would think of doing otherwise, but I just wondered about that. So, well, I guess if nothing else, at some point we can approach fema about this situation.
>> judge,
>> [inaudible] I would really like to understand what the process we would need to go through to assist them in trying to get them -- trying to approach fema to let them out. It sounds like they would be supportive of that. They really would have any negative bearing on the county.
>> although rebuilding at this height, you will be flooded again. This is the floodway. If you spend the money to rebuild at this current elevation, you will be flooded again.
>> exactly.
>> and it is your permanent residence. You don't live somewhere else.
>> no. Permanent residence.
>> I mean that's even more impactful to me because so many places out there, quite frankly, are weekend homes. I mean stacy, if you will come by my office, then we'll get in touch with you and see if there is something that we can do.
>> one week or two?
>> two weeks.
>> two weeks is good.
>> two weeks.
>> thanks. We'll be in touch.
>> thank you.
>> thank you all.
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Last Modified:
Wednesday, September 19, 2007, 18:30 AM