For several months, the tan superduplex at the corner of 35th and Duval has stood, in gradual phases of construction, as a boxy, towering testament to zoning gone awry — at least to some of the folks, including Travis Co. Court at Law Judge Gisela Triana, that live in its shadow. Claiming 10% reductions in their personal property values, as well as safety hazards caused by the superduplex and violations of due process, Triana and others sought a temporary restraining order against the property several weeks ago, and they also filed suit against the City Council and several city departments — including Neighborhood Planning and Zoning, Watershed Protection and Development Review, and Public Works, seeking a declaratory judgment, injunctive relief, and attorneys’ fees. A hearing on the claims was still in progress at press time.
Triana’s involvement as a party in the case presented a conflict of interest for the civil district judges in Travis Co., all of whom eventually recused themselves from the case. The city, Triana notes, also protested the county’s roster of visiting judges, “for whatever reason.” (City attorneys couldn’t be reached for comment.) In court motions, counsel for intervening party Davanjer Investments — who developed the 7,500-square-foot superduplex — also argued that Triana’s involvement “present[ed] an unfair advantage for purposes of trial and prevent[s] an impartial and fair trial of the case.” At the same time, they hasten to add, Triana hasn’t acted improperly or unethically “in any way whatsoever.” Since Davanjer received its permit to construct its three-story structure in January, the city has insisted that the superduplex meets city code requirements, assert court documents filed by Davanjer’s attorneys. The building received its certificate of occupancy last month, which prompted Triana and others to file their suit against the city — which they claim ignored city code requirements and state law in approving Davanjer’s permit and site plan.
One tool to prevent such mishaps could become available today (Thursday), when the City Council considers its proposed superduplex ordinance on third and final reading. Currently the draft ordinance limits the size of a duplex to 4,000 square feet and the number of bedrooms to six on a lot 10,000 square feet or less; restricts occupancy to three unrelated adults per duplex side, limits impervious cover to 45% and height to two stories, or 30 feet; and requires at least four parking spaces. Council also requested staff to grant greater flexibility for duplexes on lots greater than 10,000 square feet that nevertheless maintain proportionality to lot size. Duplexes larger than 4,000 square feet, or with more than six bedrooms, must include more than four parking spaces, or one space for each bedroom — whichever is greater. Council Member Betty Dunkerley has asked staff to look at occupancy limits on two-family and single-family attached uses, but that will probably require a separate process.
This article appears in June 6 • 2003.