To TX Sen. Bettencourt on SB1567, Occupancy

16,717 Views | 104 Replies | Last: 2 mo ago by tgivaughn
Bob Yancy
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Dear Senator Bettencourt,

I am compelled to issue this statement of opposition to your proposed Senate Bill 1567 denying a city's ability to restrict housing occupancy based on familial status.

I understand you are trying to address a severe housing crisis in Texas, and I applaud your goal. Unfortunately, SB1567 is not the way to accomplish this goal, and if passed, will have disastrous consequences for the great state of Texas and the city of College Station.

Your bill would likely compel cities to default to state laws on occupancy, thusly paving the way for up to 3 adults per bedroom in a dwelling as spelled out in the property code, 92.010.

This would allow up to 9 people to reside in a 3 bedroom single family residence, and up to 12 people in a 4 bedroom. The only meaningful restriction on this inordinate level of over-occupancy would be under a health and safety code. But, it is possible to safely house 12 adults in a 4 bedroom home within the structure, while causing an unsafe situation outside it.

Here in the city of College Station, our neighborhood streets, and likely our water and wastewater infrastructure, are simply not designed to accommodate that level of overcrowding.

We have taken steps in College Station to allow much higher density in areas that can accommodate it, having in recent years rezoned some 1500 lots to a High Occupancy Overlay or HOO. We took this unprecedented step to allow structures with 4 and more than 4 bedrooms to be retroactively compliant with our local ordinances in those areas deemed not to encroach upon the neighborhood integrity of single family neighborhoods.

As a common sense conservative that cares deeply about my city, I harbor deep concerns about SB1567 but I simultaneously applaud your goal. Unfortunately, this bill is not the way to accomplish it, sir.

With Utmost Respect,

Bob Yancy '95
Councilman Place 5

https://legiscan.com/TX/text/SB1567/id/3137983
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
Brian Alg
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I understand that you and many voters like to tell people who can and can't live in their own homes. There are lots of reasons folks want to do that. But I wish you wouldn't use poor planning by the city as an excuse here.

We know where the university is going to be in 30 years. Y'all could easily plan for people to live near there. We know that's where they are going to want to live, and work, and do everything else. We have the world's easiest urban planning problem. The center of College Station is going to continue to be the college.

See below. The fact that everything revolves around TAMU means that structurally, we are going to gravitate to be about as monocentric as it gets. The red bit is where there is density because people value proximity to where the action is. Today, that is campus. In 30 years, that will be campus.



TAMU is going continue being the center of our universe. It isn't going to shift in 30 years. The state dumps billions of dollars and tens of thousands of the brightest people in the world into that one spot. Unless y'all screw it up enough and they shift even more of the activity out to RELLIS, that is where the action is going to be in 30 years, too.

When are y'all going to pull your heads out of the sand and start planning for infrastructure where we all know it is going to be needed instead of trying to make Midtown a thing?
Brian Alg

My words are not intended to be disrespectful to any of the staid and venerable members of College Station City Council
SoTheySay
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S
The city should not have overstepped with the ROO to begin with.

Just waiting for one of these property owners to take the time to sue the city. It's overdue.
FlyRod
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Brian Alg said:

I understand that you and many voters like to tell people who can and can't live in their own homes. There are lots of reasons folks want to do that. But I wish you wouldn't use poor planning by the city as an excuse here.

We know where the university is going to be in 30 years. Y'all could easily plan for people to live near there. We know that's where they are going to want to live, and work, and do everything else. We have the world's easiest urban planning problem. The center of College Station is going to continue to be the college.

See below. The fact that everything revolves around TAMU means that structurally, we are going to gravitate to be about as monocentric as it gets. The red bit is where there is density because people value proximity to where the action is. Today, that is campus. In 30 years, that will be campus.



TAMU is going continue being the center of our universe. It isn't going to shift in 30 years. The state dumps billions of dollars and tens of thousands of the brightest people in the world into that one spot. Unless y'all screw it up enough and they shift even more of the activity out to RELLIS, that is where the action is going to be in 30 years, too.

When are y'all going to pull your heads out of the sand and start planning for infrastructure where we all know it is going to be needed instead of trying to make Midtown a thing?
Bob Yancy
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Brian Alg said:

I understand that you and many voters like to tell people who can and can't live in their own homes. There are lots of reasons folks want to do that. But I wish you wouldn't use poor planning by the city as an excuse here.

We know where the university is going to be in 30 years. Y'all could easily plan for people to live near there. We know that's where they are going to want to live, and work, and do everything else. We have the world's easiest urban planning problem. The center of College Station is going to continue to be the college.

See below. The fact that everything revolves around TAMU means that structurally, we are going to gravitate to be about as monocentric as it gets. The red bit is where there is density because people value proximity to where the action is. Today, that is campus. In 30 years, that will be campus.



TAMU is going continue being the center of our universe. It isn't going to shift in 30 years. The state dumps billions of dollars and tens of thousands of the brightest people in the world into that one spot. Unless y'all screw it up enough and they shift even more of the activity out to RELLIS, that is where the action is going to be in 30 years, too.

When are y'all going to pull your heads out of the sand and start planning for infrastructure where we all know it is going to be needed instead of trying to make Midtown a thing?


A lot to unpack in there Brian. I've advocated strongly for a student living district close to campus. I'm still hopeful we'll do so one day.

https://theeagle.com/news/local/government-politics/article_d2d4ebcc-6bc5-11ef-b43c-a7866d2e122f.html

Regarding Midtown, in that situation mistakes were made years ago, yes. A developer simply wanted to construct homes. We arrested the process, absconded with his attorney, made promises we haven't kept and compelled him to establish a mixed use MMD in the biocorridor.

There's a lot of simmering issues going on and we need to address them. Now. But allowing up to 12 adult humans to occupy a 4 bedroom home would be yet another we'd be compelled to address in short order, as cities go.

My $.02 and respectfully yours

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
Bob Yancy
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SoTheySay said:

The city should not have overstepped with the ROO to begin with.

Just waiting for one of these property owners to take the time to sue the city. It's overdue.


If we had just incentivized housing starts like the city of Bryan did years ago, and got out of the way of the private sector, we'd be fine. There wouldn't be too many people stuffing into too few houses. There'd be plenty of housing for everyone. Instead we had our nose in the air thinking anyone would pay any price to be here, while the CoB had their nose to the grindstone incentivizing housing they knew they needed. Now here we are.

It gives me no pleasure saying it- I've just grown weary of a relentless effort to convince folks we're in simmering housing waters. Now they've come to a boil, yet we pursue the same policies. (Not talking about the ROO).

I'm just one vote and doing all I can. Occupancy is going to plague us forever, as will nosebleed prices, if we don't put product on the ground and do it fast. It's just that simple.

Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
Cartographer
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Can anyone point me to the housing shortage metrics?

I've never understood the argument that we have too few houses. People of all stripes have a roof over their head. We do have a homeless population but, I don't know that that is who we are actually talking about here. Is it we want more people in single family vs multi family?

I realize this might be a derail of the thread but I am just seeking education on the problem.

I suppose the real question I have is, where do these metrics come from and how are the numbers compiled. I don't see people living outside in most of the major cities so... what am I missing?
Bob Yancy
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Cartographer said:

Can anyone point me to the housing shortage metrics?

I've never understood the argument that we have too few houses. People of all stripes have a roof over their head. We do have a homeless population but, I don't know that that is who we are actually talking about here. Is it we want more people in single family vs multi family?

I realize this might be a derail of the thread but I am just seeking education on the problem.

I suppose the real question I have is, where do these metrics come from and how are the numbers compiled. I don't see people living outside in most of the major cities so... what am I missing?


https://www.texastribune.org/2024/05/17/texas-am-student-housing-affordability/

https://theeagle.com/news/local/government-politics/article_bdb7da80-de96-11ef-b69e-17407befc1e6.html

https://thebatt.com/news/new-city-housing-plan-aims-to-solve-housing-crisis/

https://aggielandrealtors.com/the-impact-of-texas-am-growth-on-college-stations-real-estate-market/

https://www.zillow.com/home-values/37965/college-station-tx/

Some reading material on the subject above.

The median days on the market to sell a home right now, nationally, is 66 days. We are at about half that. Mind you, the entire US is having a housing shortage. This essentially means our housing shortage is twice as bad as the rest of the nation.

The amount of time it takes to sell a home is an accurate indicator of supply. If they get snatched up quickly after being listed, you have a tight market. If it takes longer, buyers have options.

https://fred.stlouisfed.org/series/MEDDAYONMARUS

Sharply rising prices are also an indicator of a shortage of housing. Our prices have rose this much this fast in our history. The chart depicts federal tracking data of home sales in the B/CS market. Were the city of Bryan not included in this data, the rise would be even steeper:



Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
EliteElectric
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The Libertarian in me wants to know what is beneficial about forcing a person to do anything with their property other than what they intend to do with it, outside of running afoul of laws, ordinances, covenants and deed restrictions that were in place when they purchased that property.

I don't see how there is a bulletproof legal standing to force the ROO or any other ordinance on persons and properties that were never subject to them when they were initially purchased. Seems Draconian to me but I have no desire to force my ideals onto others.
www.elitellp.net/

Bob Yancy
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EliteElectric said:

The Libertarian in me wants to know what is beneficial about forcing a person to do anything with their property other than what they intend to do with it, outside of running afoul of laws, ordinances, covenants and deed restrictions that were in place when they purchased that property.

I don't see how there is a bulletproof legal standing to force the ROO or any other ordinance on persons and properties that were never subject to them when they were initially purchased. Seems Draconian to me but I have no desire to force my ideals onto others.


The ROO essentially freezes a neighborhood's owner vs renter breakdown at the moment in time that it passes, and it requires a majority of owners to agree. So, if your neighborhood is 70% owners and 30% renters and the ROO passes, those 30% can still rent to NMT4. Any NEW owner occupied homes that later convert to rentals are subject to NMT2.

Just for clarity and thanks for your feedback.

Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
Craig Regan 14
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Brian Alg said:

I understand that you and many voters like to tell people who can and can't live in their own homes. There are lots of reasons folks want to do that. But I wish you wouldn't use poor planning by the city as an excuse here.

We know where the university is going to be in 30 years. Y'all could easily plan for people to live near there. We know that's where they are going to want to live, and work, and do everything else. We have the world's easiest urban planning problem. The center of College Station is going to continue to be the college.

See below. The fact that everything revolves around TAMU means that structurally, we are going to gravitate to be about as monocentric as it gets. The red bit is where there is density because people value proximity to where the action is. Today, that is campus. In 30 years, that will be campus.



TAMU is going continue being the center of our universe. It isn't going to shift in 30 years. The state dumps billions of dollars and tens of thousands of the brightest people in the world into that one spot. Unless y'all screw it up enough and they shift even more of the activity out to RELLIS, that is where the action is going to be in 30 years, too.

When are y'all going to pull your heads out of the sand and start planning for infrastructure where we all know it is going to be needed instead of trying to make Midtown a thing?


Just so people understand when folks talk about " infrastructure" we are talking nine figures that is x00,000,000

To build the kind of systems that graph describes.

That is all going to be funded by debt for a fairly small piece of area.


Just wanted to share
Bob Yancy
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Craig Regan 14 said:

Brian Alg said:

I understand that you and many voters like to tell people who can and can't live in their own homes. There are lots of reasons folks want to do that. But I wish you wouldn't use poor planning by the city as an excuse here.

We know where the university is going to be in 30 years. Y'all could easily plan for people to live near there. We know that's where they are going to want to live, and work, and do everything else. We have the world's easiest urban planning problem. The center of College Station is going to continue to be the college.

See below. The fact that everything revolves around TAMU means that structurally, we are going to gravitate to be about as monocentric as it gets. The red bit is where there is density because people value proximity to where the action is. Today, that is campus. In 30 years, that will be campus.



TAMU is going continue being the center of our universe. It isn't going to shift in 30 years. The state dumps billions of dollars and tens of thousands of the brightest people in the world into that one spot. Unless y'all screw it up enough and they shift even more of the activity out to RELLIS, that is where the action is going to be in 30 years, too.

When are y'all going to pull your heads out of the sand and start planning for infrastructure where we all know it is going to be needed instead of trying to make Midtown a thing?


Just so people understand when folks talk about " infrastructure" we are talking nine figures that is x00,000,000

To build the kind of systems that graph describes.

That is all going to be funded by debt for a fairly small piece of area.


Just wanted to share


100%
EBrazosAg
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AG
I can't see a small government or libertarian argument against this bill. If I buy a property and there is no deed, HOA or city injunction on purchase for having non related residents then the city should not be able to bring that restriction in the future. It's really straightforward. Now if I want to tear down, and rebuild into something that moves into another zoning category, then that is the point where the will of the people- in the future from my purchase - comes into effect. But retroactive application of different use requirements without changing the zoning category from where it was at purchase? Can't agree with Mr Y.
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Bob Yancy
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EBrazosAg said:

I can't see a small government or libertarian argument against this bill. If I buy a property and there is no deed, HOA or city injunction on purchase for having non related residents then the city should not be able to bring that restriction in the future. It's really straightforward. Now if I want to tear down, and rebuild into something that moves into another zoning category, then that is the point where the will of the people- in the future from my purchase - comes into effect. But retroactive application of different use requirements without changing the zoning category from where it was at purchase? Can't agree with Mr Y.


Fair enough. Thanks for the reasoned feedback and civility.

Respectfully

Yancy '95
George Costanza
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Under the Fair Housing Act, discrimination in housing based on familial status is illegal.
MeKnowNot
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If the federal funding for A&M goes away or is significantly reduced, our affordable housing issue in College Station is solved!

Be careful what you wish for....

Bob Yancy
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MeKnowNot said:

If the federal funding for A&M goes away or is significantly reduced, our affordable housing issue in College Station is solved!

Be careful what you wish for....




I don't understand university finance. It's not my area. I always presumed the university's revenue came from tuition.
woodiewood
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Bob Yancy said:

MeKnowNot said:

If the federal funding for A&M goes away or is significantly reduced, our affordable housing issue in College Station is solved!

Be careful what you wish for....




I don't understand university finance. It's not my area. I always presumed the university's revenue came from tuition.
Only 31% of A&M 2025 revenues come from tuition and fees.

https://budget.tamu.edu/_media/documents/.pdf/fy-2025-budget-at-a-glance.pdf
FamousAgg
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Sir, this is TexAgs, you may want to try again using an email.
Bob Yancy
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FamousAgg said:

Sir, this is TexAgs, you may want to try again using an email.


Don't sell Texags short. You'd be surprised. And I have. Thanks!

Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
PS3D
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EBrazosAg said:

I can't see a small government or libertarian argument against this bill. If I buy a property and there is no deed, HOA or city injunction on purchase for having non related residents then the city should not be able to bring that restriction in the future. It's really straightforward. Now if I want to tear down, and rebuild into something that moves into another zoning category, then that is the point where the will of the people- in the future from my purchase - comes into effect. But retroactive application of different use requirements without changing the zoning category from where it was at purchase? Can't agree with Mr Y.
But who do you want saying you can or can't do that? The City, who you can vote out or debate, or the State which is basically powers that be and you really can't vote out? That's not something for the state to decide you can or can't do.
EBrazosAg
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AG
No. I can certainly agree to a well constructed state bill that doesn't allow the narrow interest of cities to run roughshod over the rights of individuals statewide. You missed my point. It's about crafting a bill that protects the rights of those who purchased now and in the past that aren't trying to change the current zoning use to something else. The discussion about the future is a different discussion- although changing from a use or zoning plan in existence when a property was purchased (or owned with adoption of a plan) to something different should also be considered. What if I owned land for 59 yr that was in multifamily in a zoning plan from 2000 and I didn't sell and now it's in a zoning plan for single family in 2025…. And I've held it in ag production for the whole time ? Whose issue is that ?
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Aggie71013
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AG
Confused by your first statement. How would a city regulation impact people statewide? Creating a state law is what would do that. College Station may have different factors then Waco then Houston etc. Setting a state law gives a one size fits all approach that may not be in the best interest of individual cities.
Stucco
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Every ordinance inherently limits the freedoms of at least one person, or it doesn't actually accomplish anything. To say that the city should not be able to pass or sustain an ordinance that limits freedoms is to take away their power entirely. The limit to that power is that no entity or individual can infringe inalienable rights.

NMT4 is the status quo in College Station. I would go so far as to say it is popular. Many homes and neighborhoods were built without 12 ppl per house in mind and the neighborhood infrastructure simply wouldn't support it en masse.

I struggle to see how limiting the number of people that can live in one dwelling is violating an inalienable right of the people living in the building or the owner of the property. By living in College Station they have already forfeit many other freedoms, such as the freedom to park on their lawn, have an outdoor faucet without a vacuum breaker, and maintain livestock in the backyard.

I expect some other large cities have more restrictive ordinances or overlays, and we are caught in the crossfire. It is unfortunate because I think the CS ordinance strikes a fairly reasonable compromise between single family neighborhoods and renters.

*edit - I can see how limiting it for one group (unrelated) vs another group (related) is a potential violation of equal protection, which has exactly nothing to do with property rights.
Stucco
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Just to clarify, the bill does not restrict the ability for a city to establish an ordinance limiting occupancy. It only prevents the establishment of such a restriction based on

Quote:

(1) age;
(2) familial status;
(3) occupation;
(4) relationship status; or
(5) whether the occupants are related to each other by a certain degree of affinity or consanguinity.

Bob Yancy
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This bill is a third reading and the governor's signature away from law. The bill will have significant unintended consequences. I've communicated with the Governor's office and asked he not sign it. It is a "bracket bill" in that it unfairly targets College Station. If occupancy restrictions based upon familial status are indeed unconstitutional then why does this bill not apply to all Texas cities?

While perhaps well intentioned, SB1567 will make a mess of our neighborhoods and neighborhood streets. It would allow up to 9 unrelated people in a 3 bedroom house and up to 12 in a 4 bedroom.

I am compelled to oppose it.

Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
Chrundle the Great
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AG
So if everyone agrees 3 per bedroom is unreasonable why not set the occupancy limit to 2? Right above you, poster said that's still allowed.

The ag shacks and 5/5s are already in the ground. Paying city staff to stalk students and enforce the familial relation rules we have is crazy and needs to stop. Let property owners do what they want with their property and if a neighborhood doesn't want ag shacks, stop them in the architectural/permit review not after kids moved in.
Bob Yancy
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Chrundle the Great said:

So if everyone agrees 3 per bedroom is unreasonable why not set the occupancy limit to 2? Right above you, poster said that's still allowed.

The ag shacks and 5/5s are already in the ground. Paying city staff to stalk students and enforce the familial relation rules we have is crazy and needs to stop. Let property owners do what they want with their property and if a neighborhood doesn't want ag shacks, stop them in the architectural/permit review not after kids moved in.


Because we can't. This law would preclude the city from doing so.

Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
Chrundle the Great
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AG
I guess I haven't read and I'm just trusting stucco's interpretation, but right above us he said cities can still restrict occupancy just not based on those 5 criteria. Which seems reasonable to me. Maybe that's changed since March.
Chrundle the Great
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AG
Seems pretty clear to me. Occupancy laws can be based on anything except the 5 listed and no effect on other zoning laws.
Diddler_44
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AG
Doesn't the city have to approve of houses being built? Why would they allow a 5 bed 5 1/2 bath house to be built and expect 5 people to live there? Y'all brought this on yourselves and you are looking for someone else to bail you out.

Respectfully
Bob Yancy
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Diddler_44 said:

Doesn't the city have to approve of houses being built? Why would they allow a 5 bed 5 1/2 bath house to be built and expect 5 people to live there? Y'all brought this on yourselves and you are looking for someone else to bail you out.

Respectfully


In a lot of ways that's true. We had a law we didn't enforce for years and now we're paying the price.

Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
Bob Yancy
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Chrundle the Great said:

Seems pretty clear to me. Occupancy laws can be based on anything except the 5 listed and no effect on other zoning laws.



Well yes- but the building codes only take into account the building, and allow 3 per bedroom in a properly built home. But if you put 9 to 12 people per home in single family neighborhoods? It'll definitely create issues.

Respectfully

Yancy '95
My opinions are mine and should not be construed as those of city council or staff. I welcome robust debate but will cease communication on any thread in which colleagues or staff are personally criticized. I must refrain from comment on posted agenda items until after meetings are concluded. Bob Yancy 95
PS3D
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Chrundle the Great said:

Let property owners do what they want with their property
So you're okay with what amounts of oligarchs running neighborhoods as they see fit?

I'll be sure to remember that when investors out of California knock down all the houses on your block to build a twelve-story "low-income housing" residential tower with a huge "adult entertainment" center on the bottom floor. And then on the other side the house is cheaply converted to a vape shop with some awful bass playing all day, every day. And then we'll tear down every business from Dry Bean to Johnny Manziel's Money Bar/Mama Sake for a parking lot which will be used exclusively for university faculty.

That is what you want, right?
Chrundle the Great
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AG
Only if you promise to tear down Johnny's bar first, but instead of parking I'm thinking nail salon.

Or redi-clinic.
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