Little Elm approves SUP process for legalizing manufactured homes
By LAURA CHILDRESS

In an attempt to bring mobile and manufactured homes located in zones not allowing them into compliance with town codes, the Little Elm council voted Tuesday to allow owners of those homes to apply for a specific use permit that would give them legal status.

Planning director John Taylor explained that mobile homes, those constructed prior to June 15, 1976, are only permitted in MH-2 zoning at Preston on the Lake.

HUD-code manufactured homes constructed after Jun 15, 1976, are permitted only in the MH-1 zoning districts of Cottonwood and Castleridge.

However, he noted, there are currently more than 16 manufactured homes and seven mobile homes located outside of these zoning districts, specifically in the older A-1 and A-2 residential districts.

While those homes installed prior to the town's zoning are legal non-conforming uses, Taylor noted that the others are technically illegal. Regardless of whether permission was given by the town, he added, these are not allowed under town ordinance.

Since rezoning could be construed as spot zoning, and therefore illegal, Taylor said the best option would be to allow owners of HUD-code manufactured homes to apply for an SUP, which would bring them into legal standing.

Town attorney Robert Brown added that the ordinance would also limit homeowners to one replacement of a HUD-code manufactured home, as allowed under a recently approved state law.

"I have a real problem with this," said Councilwoman Brenda Mills. "Some of these homes were here before Little Elm was Little Elm. These people were given permission by the town to do these things. It bothers me that you're telling these people they have to come get an SUP to make it okay.” Resident Gene Hubbard concurred, noting that he felt the town was saying he, as the owner of one of the homes in question, was no longer wanted.

"I'm for progress, but not at the expense of people who've lived here far longer than you have," he said.

Resident Kurt Muehlstein, however, who also lives in a manufactured home, noted he appreciated the council's attempt to correct the problem.

Resident Peggy Flores protested homeowners' ability to replace their manufactured homes with another, while she couldn't replace her conventional home with a manufactured home.

"Zoning changes over the years and we're expected to live by those changes," she said. "Just because it's all well and good then does not mean it's good now.” The town attorney noted that the provision was granted under state law.

John Paul Mullendore added that while he wasn't in favor of moving anyone out, the town needed to enforce the ordinances it had enacted.

Councilman David Hillock noted that he didn't think the town should differentiate between mobile and manufactured homes.

"Everybody in a mobile or manufactured home should be able to apply for an SUP and become legal," he said.

"If it's on the ground now, they should be able to become legal.” To make the process as easy on residents as possible, Hillock also suggested that the town waive fees through June for owners of a mobile or manufactured home applying for an SUP.

As for the requirement of a site plan, Taylor noted residents could easily obtain that through an aerial view printed off the Internet.

"If you don't do this, someone could say your home is illegal and remove it," fellow councilman Brandon Gerard said.

The town attorney noted that an SUP would also give homeowners a clean title in the event they wanted to sell their property.

In other business during Tuesday's meeting, the council:

* Approved a resolution adopting the town center concept plan following a brief presentation. The advisory committee will now work on an overlay zone for the play. Homes currently in the area will not be affected.

* Approved the consent agenda, consisting of the minutes of the Feb. 5 public hearings, precouncil meeting and regular council meeting; reclassification of the rank of captain to that of lieutenant within LEPD; and the 2007 LEPD racial profile report.

* Approved an agreement with Oncor Electric, which will give the town a slight increase in franchise fees.

* Approved a limited purpose annexation of 12.86 acres of Paloma Creek for sales tax, as provided under the terms of the developer's agreement.

* Approved the town's co-sponsoring Little Elm Box 620's annual public safety benefit concert and festival Saturday, May 17 at Little Elm Park.

* Received a 2008 water and wastewater rate study update by Dan Jackson with economists.com.

* Approved an interlocal agreement with TRRA joining  local municipalities in assisting each other with collection of delinquent utility accounts. Finance director Ryan Adams explained that former residents of Little Elm would be required to pay past due utility fees from the town when applying to another participating municipality to have their water turned on.

* Authorized staff to enter into negotiations with the developers of Valencia on the Lake for possible creation of a public improvement district.

* Received a presentation by the town manager on the 2008 community survey results.