NIMBYism is a new acronym used in housing discussions. The Cambridge Dictionary defines it as “the behavior of someone who does not want something to be built or done near where they live although it does need to be built or done somewhere, ” i.e. Not In My Backyard -ism.
The Cuero City Council has been hearing a lot of NIMBYism in regard to the children’s advocacy center Norma’s House opening an office at 1105 Hunt Street. The non-profit, which serves Gonzales, Lavaca and DeWitt counties, has offices in residential areas so that the children it serves feel more at ease. Currently, all children from DeWitt County must travel to either Gonzales or Hallettsville for appointments.
At a public hearing before the regular meeting last week, city council heard from concerned neighbors, supporters and experts.
“I don’t know why we’re even having this discussion,” Marilyn Vandeveer, neighborhood resident, said. “Why do you have rules on the books if you’re not going to follow them?”
Consulting Attorney Steve Pena addressed concerns of legality.
“Nobody is asking for anything that’s not permitted,” Pena said after explaining the process. “Council is the ultimate decision maker in all of these matters. It’s just a use that you (as property owner) can do.”
At the close of the hearing, council tabled the decision until the December 19 special meeting at noon, when all council members could be present. Council Member Adams was unable to attend Monday’s meeting.
Conditional Use Opposition
In October, while bringing their concerns to the council during public comments, Hunt neighborhood residents had a contentious discussion. Among the guidelines for December’s public hearing, Mayor Emil Garza asked speakers to limit their remarks to the subject at hand and to refrain from any personal attacks.
Harking back to the October meeting, when Bill Hickey spoke he retracted “any statements that may have implied that Mr. Post (as landlord) intentionally violated any rules, regulations or assignment of special favors.”
In his main statement, Hickey reminded council of the lack of permitting prior to activities, such as an open house. (Norma’s House Executive Director Deane Novosad said after the meeting that city officials did stop by for an impromptu photo out front, but they were waiting to be operational before an open house or ribbon cutting.)
Hickey also reminded the council that the Texas Department of Agriculture named Cuero a Texas Certified Retirement Community, joining an elite group of communities.
“In our whole neighborhood, everyone is retired,” he said. “One person has even moved from out of state, so these are forever homes.”
Hunt resident Walter McClung said he is a card-carrying Gobbler Booster Club member, “but I wouldn’t want them living across the street from me.” He said the whole process came at the neighborhood in an odd way and seemed to be circumventing the rules. “We can point fingers all day long, but the bottom line is they should have known before coming into this neighborhood.”
Rental property owner Guy Dolan said he owned several properties within the area that Norma’s House is requesting to go. “I have no problem with regards to the value of my rental properties with Norma’s House,” he said, eliciting chuckles by his followup, “In fact mine might affect theirs.“ He said It is a known fact that anytime you change a residential area, there is going to be an effect. The perception is that potential homebuyers will ask questions about what is going on in the neighborhood. He said the other Norma’s House offices are in residential areas, but there are also commercial properties in the area and it doesn’t impact as much. He said there are some homes in the Hunt neighborhood that are worth up to $500,000.
Dolan said they are all in favor of the work that Norma’s House does and welcome it in Cuero, but the landlords should have known better than to lease to a non-residential renter. He said for that reason alone, the variance should be denied.
Conditional Use Support
The property owners, Elaine and John Post, both spoke. Elaine said she truly did not know of the zoning requirements when she leased to Norma’s House. John said, in regard to opposition by neighbors, that the house next door to the property supports the child advocacy center being an adjacent property.
Former Mayor Buzz Edge described living across from three businesses, who close at 5 and never disrupt his life.
“I really don’t see what the fuss is about a business that will help our children in this town,” Edge said. “The sign is down and there’s a lot of more issues in that area of town that need to be addressed before this.”
Cuero resident Janae Colin said she spoke as someone who's been in a bad situation with no place to turn to. “Norma’s House needs to be in a place where people feel comfortable going to it and DeWitt County needs this,” she said.
Norma’s House Executive Director Deane Novosad addressed concerns brought up at earlier meetings of criminal activities and property values.
“We do not have criminal activities at Norma’s House,” she said. Novosad said she asked the open records of the City of Gonzales for the calls to respond to Norma’s House due to a violent or criminal act. She received a letter stating they have not had to respond to any violent or criminal acts at Norma's House. “They have responded because they work closely with us on cases, but not due to any criminal act (there).”
As to property values, Novosad said she researched property values in both Gonzales and Lavaca counties for the homes located around the Norma’s House offices. She had print outs of the last five year’s property values in Lavaca County and the last nine years in Gonzales, showing there has not been a decrease in adjacent property values.
Expert Comments
Carl Phinney, building official for the City of Cuero, said it is not a variance, but a conditional use permit, that is being requested for the property. He said it would remain a residential property and if Norma’s House moves away from the location, the conditional use expires.
“This will always be a residential property,” he said. “This is a conditional use that is only put out one time.”
When asked if it sets a precedent, he said other properties in the city have conditional use permits.
Consulting Attorney Steve Pena said his firm has worked with the city for many years, and they were called in as an outside opinion on the request.
“If you own a home and you want to use it for a use that is permitted under your zoning code and you comply with the law, the decision is purely a legal decision,” he said. “The law is there not only to protect the homeowner but the character of the neighborhood.”
He said the landlords have every right to ask for the conditional use. “That doesn’t mean that they will get it, but they have every right to ask for it.”
Pena said if the council approves it, they have the right to impose conditions on use.
“What is the creation of a nuisance? The signage has come down and no expansion of use.”
Pena said it is not a zoning, it is not a variance, it is a permit for this use. He said it will expire if Norma’s House leaves the property.
At the close of the public hearing, the council decided to postpone further discussion until the Thursday, December 19 special meeting at noon. The meeting was already scheduled for other matters, and the Norma’s House decision will also be on the agenda.
““Some of the conditions that have been discussed are hours of operation, parking.”
- Steve Pena, attorney
