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Parking revisited
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Ms Ice Monkey
Mueller Community

Posts: 460
Joined on November 18th, 2007
Re: Parking revisited
by Ms Ice Monkey on April 21st, 2008

Well, seeing as that our garage is presently occupied by an unfinished project, we've not parked both cars in there regularly. But we have ascertained that our truck (Honda Ridgeline) and car (Toyota Corolla) will both fit in the small David Weekley garage with room to spare. The best way seems to be backing the truck and pulling the car in.
 
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icemonkeyharvest
Mueller Community

Posts: 334
Joined on August 19th, 2007
Re: Parking revisited
by icemonkeyharvest on April 22nd, 2008

It's also good that we have the same paint color.
 
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sherrig78753
Mueller Community

Posts: 60
Joined on October 31st, 2007
Re: Parking revisited
by sherrig78753 on April 22nd, 2008

Here's a positive note on parking. There was some previous discussion about pedestrian safety. Some expressed concerns about on-street parking compromising pedestrian safety. In my many drives through my future neighborhood, I find myself slowing down and driving on high alert because of all the parked cars. I keep my eyes peeled for cats, kids, spiders and car doors. So, from my perspective, the on-street parking has made me a much safer driver in Mueller.
 
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ccosart
Mueller Community

Posts: 213
Joined on August 30th, 2007
Re: Parking revisited
by ccosart on April 22nd, 2008

sherrig78753 Wrote:
Here's a positive note on parking. There was some previous discussion about pedestrian safety. Some expressed concerns about on-street parking compromising pedestrian safety. In my many drives through my future neighborhood, I find myself slowing down and driving on high alert because of all the parked cars. I keep my eyes peeled for cats, kids, spiders and car doors. So, from my perspective, the on-street parking has made me a much safer driver in Mueller.


Thank you! I argued this multiple times a ways back, and was greeted with a lot of skepticism from some. It's pretty standard and, frankly not terribly controversial, NU thinking that the parked cars and narrow streets are safer. Trust me, if any of you still doubt, come hang out in our South Austin suburban neighborhood with its wide streets and people treating them like freeways, and you'll be convinced...

In any case since Mueller is a pedestrian and transit oriented Green community, I'm sure the parking issues will disappear once everyone cuts back to a single Prius per household. :wink:
 
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langhugh
Mueller Community

Posts: 1149
Joined on August 18th, 2007
Re: Parking revisited
by langhugh on April 22nd, 2008

Again another great reason to attend the POA Advisory Panel meeting on Wednesday, April 23rd, at 7:00PM at Asbury UMC:
viewtopic.php?f=16&t=1934

There are two compelling arguments for on-street parking:
1. the theoretical, which, as Chris Cosart points out, somewhat couterintuitively supports on street parking as a pedestrian (young and old) safety benefit. This has been discussed somewhat comprehensively here and on the Yahoo group. As sherrig78753 attested, it is all about speed. Without on-street parking, I would wager that the POA will be talking about which traffic "calming" measures need to be taken on Camacho, Zach Scott, Tom Miller, McClockey and Antone within 18 to 24 months.
and
2. the practical, which is where we're at with our narrow 17-18 foot garages and short driveways. While it is conceivable to fit two vehicles, with the requisite door/wall dings and 3 point turns to enter and exit the garage, the hassle makes it unbearably life-draining. This is a design problem, that I believe will be addressed in future phases with wider garages. Doesn't do us much good, but we are Pioneers. That does not even begin the discussion of the three-car households.

There are some proposals being offered by the POA Advisory panel to possibly allow an extra vehicle parked on the street per household that would still not be likely to line our streets with cars on both sides. Their are some public safety concerns (Fire, EMS) to that situation which we should consider as well.

I wanted to thank the message board participants for this rational, human discussion. Particularly Chris Stewart...what a thoughtful post.

Dusty
 
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Chris
Mueller Community

Posts: 133
Joined on February 8th, 2008
Re: Parking revisited
by Chris on April 23rd, 2008

On the street parking issue, I for one am highly skeptical that the covenant forbidding residents to park on the street is even legally enforceable. Those streets are open to the public, and the parking spots are not even metered. Thus, under the existing rule, anyone in the world is free to park on our neighborhood streets (for up to 72 hours) except people who actually live or own property (and pay taxes thereon) in the neighborhood. In other words, it is a restriction that purports to apply only to a select class of people, not the general public. If you live at Mueller, everyone can park on your own streets except you. That's no different than a rule that said, for example, Mueller parks are open to the public except for members of the public who happen to be Mueller residents.

I did some Google searching to see if I could find any precedent for the kind of language used in the Mueller mixed-use community covenant regarding on-street parking by residents. I came up with nothing--just the Mueller covenant itself. That finding does not mean that this kind of restriction has never been used or enforced before, but it at least suggests that it is fairly unique. I came up with several examples of city ordinances and the like regarding parking restrictions that apply to all persons parking on streets; none singling out people who actually live on the very streets in question. E.g., things like the 72-hour limit are not uncommon; many places have something on the books saying basically that no one can just use a public street as a place to store an undrivable car indefinitely.
 
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austifornian
Mueller Community

Posts: 7
Joined on January 18th, 2008
Re: Parking revisited
by austifornian on April 23rd, 2008

Quote:
On the street parking issue, I for one am highly skeptical that the covenant forbidding residents to park on the street is even legally enforceable. Those streets are open to the public, and the parking spots are not even metered. Thus, under the existing rule, anyone in the world is free to park on our neighborhood streets (for up to 72 hours) except people who actually live or own property (and pay taxes thereon) in the neighborhood.


This is exactly correct and enforceable by the HOA. CC&R's trump municipal code because by purchasing the property you voluntarily entered into a binding contract with the POA and excepted this restriction. You won't win this argument in court. You could argue that the developer made the alleys too small or the builder made the garages too small (seeking relief from them) but even this wouldn't change the CC&R's which would still be binding.

The only way to change this is through the owners association's process, which if the vast majority of owner's believe street parking should be allowed. The issue should certainly be brought to the attention of Catellus.
 
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Chris
Mueller Community

Posts: 133
Joined on February 8th, 2008
Re: Parking revisited
by Chris on April 23rd, 2008

austifornian Wrote:
Quote:
On the street parking issue, I for one am highly skeptical that the covenant forbidding residents to park on the street is even legally enforceable. Those streets are open to the public, and the parking spots are not even metered. Thus, under the existing rule, anyone in the world is free to park on our neighborhood streets (for up to 72 hours) except people who actually live or own property (and pay taxes thereon) in the neighborhood.


This is exactly correct and enforceable by the HOA. CC&R's trump municipal code because by purchasing the property you voluntarily entered into a binding contract with the POA and excepted this restriction. You won't win this argument in court. You could argue that the developer made the alleys too small or the builder made the garages too small (seeking relief from them) but even this wouldn't change the CC&R's which would still be binding.

The only way to change this is through the owners association's process, which if the vast majority of owner's believe street parking should be allowed. The issue should certainly be brought to the attention of Catellus.


I'd say it's at least an arguable point whether a court would enforce this covenant. Not every covenant related to property ownership is enforceable. For example, it is a sad fact that racially restrictive covenants were once common in deeds throughout the U.S. and actually still exist in deeds that were first recorded decades ago. But 60 years ago the Supreme Court ruled that, while such covenants were not themselves unconstitutional, it would be unconstitutional for a court to enforce such covenants. That is, any private seller of land could constitutionally put such a (repulsive) covenant in a deed, but no court could require the landowner to abide by it.

Now, I am NOT equating the parking covenant in any way to a racially restrictive covenant. My point is simply that the parking covenant MIGHT be unenforceable in a court of law for various reasons. One interesting aspect of the parking covenant is that it purports to govern your behavior when you are off your property and on a public street. That is, it is not a covenant about what you can do on the land you purchased when you entered into the covenant. It is not, for example, a covenant saying you can't put a car on blocks in your front yard (which would be enforceable, even if Mueller front yards had room for a car!). It is a covenant saying that you cannot leave your car at a spot on the street that is available for anyone else in the world to leave a car on.

Another interesting aspect is that the covenant purports to bind individuals who did not enter into the contract because they are not property owners. That is, it applies to all Mueller "residents"--whether they be renters, kids, unrelated household members, etc. Again, a key thing is that it's aimed at something occurring off the property owner's property. A covenant saying that a homeowner shall not permit anyone to leave a car parked on his front yard is different than one saying that a homeowner shall not permit someone else--that is someone who did not enter any contract--to park a car on a public street.

Anyway, I'm not suggesting that anyone mount a legal challenge to the parking covenant. I think--for many reasons--the rule about resident parking on the street should simply be changed. The things I have mentioned here are merely additional reasons, in addition to the practical ones others have mentioned, for supporting that change. Simply put, is it fair to say that Mueller residents can't park on their own streets when those same streets are open to the general public to park on whenever they want?
 
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Ms Ice Monkey
Mueller Community

Posts: 460
Joined on November 18th, 2007
Re: Parking revisited
by Ms Ice Monkey on April 27th, 2008

At the town hall meeting, there was discussion of incentives to park in the garage rather than on the street, were a parking tag system implemented.

You want incentives? How about incentives of the mothball size variety?

Image

Image

Fortunately there was no damage to either car in the time it took us to leap out of bed, dismantle the aforementioned garage-occupying project, find our keys, and pull both cars in. But it's not how I like to start my Sunday morning.
 
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mrs aaron
Mueller Community

Posts: 767
Joined on August 31st, 2007
Re: Parking revisited
by mrs aaron on April 27th, 2008

we were watching the hail come down and aaron says "what is going on in the ice monkeys' garage?"
(note to self, always wear pj's in this neighborhood)
nothing like a little incentive to finish a project. glad you escaped damage!
 
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