75° F Thursday, May 24, 2012

Yaupon Valley Road resident Ray McMackin has until Jan. 15 to bring his septic system into compliance or the city will revoke a list of special provisions made when the council nixed his attempt to move a pre-existing structure onto his property.

Since staff had initially told McMackin he could bring the 1930s bungalow into the city, officials had made special provisions for him when they denied his variance including a refund of the variance application fee, a recommendation against the city attorney pursuing fines for a noncompliant septic system, and the waiver of any future building permit application fees for the site within a year.

“That was all conditioned on him moving the house by [Nov.] 14 or 15; he moved it about eight days after the deadline,” Councilman Spencer Stevens said, adding that it was also conditioned on having a compliant septic system by the middle of December.

“We had our action on Nov. 11, and he waited three-four weeks to say we’ve got to have this put in, in a week,” Mayor Dave Claunch said, adding that the septic system had been out of compliance for three years dispensing raw sewage.

Council discussed the varying consequences for noncompliance by a new deadline, which could include everything up to a revocation of the certificate of occupancy.

McMackin now has until Jan. 15, by unanimous council action, to have a septic system installed or all of the allotments will be revoked, and the city will pursue a revocation of the certificate of occupancy on the residence.

In other action:

• The board of adjustment voted to give a special use permit to Responsive Education Solutions, a charter school, for a building in the shopping center at 5524 Bee Cave Road.

• The city council voted unanimously to approve a settlement agreement with Jim and Anne Martin over the retention wall built at the corner of Yaupon Valley Cove.

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