One of the richest men in the world just won a fight against a handful of his neighbors in Texas.
On Wednesday evening, the West Lake Hills City Council voted to allow Elon Musk to keep most of the fencing and gates he has built at his home in the Austin area — as long as he makes changes to bring them into compliance with local rules.
The vote was split 3-2 on three of Musk's requests for variance, with council members Gordon Bowman, Beth South and Darin Walker voting in favor. Dana Harmon and Brian Plunkett voted against. A fourth request was approved unanimously. Mayor James Vaughan does not vote in council meetings.
After the vote, Vaughan addressed the neighbors who showed up to oppose Musk's requests.
"We try to do what we're legally obligated," Vaughan said. "For those of you who are unfamiliar with our typical process, this outcome is not that unusual."
The decision ends a long-simmering dispute between Musk and his neighbors on the quiet cul-de-sac. The tech mogul made the changes to the home, purchased for him through an LLC in early 2022, without the required city approvals. His neighbors said cars crowded the street waiting to get into the driveway gate Musk built and that side fencing, constructed using steel and chain link, disturbed the natural beauty of the area.
In response to the concerns, Musk's representative said he would replace, lower and beautify the fencing in some areas and replace a security keypad on the front gate with an automatic gate opener to decrease street traffic.
"We'd like to be good neighbors. We're trying to minimize the concerns that we've heard," Racy Haddad, an Austin-based real estate attorney, told the council. "Every family deserves to have the ability to come to city council and ask for a fence."
Musk's name was never mentioned at the Wednesday meeting, with those gathered opting to use the word "applicant" or "homeowner." The New York Times first broke the story about Musk's suburban squabble in April.
Paul Hemmer lives on the street and has repeatedly spoken out against Musk's presence there.
"All these attempted remedies are like putting lipstick on a pig," Hemmer told the council. "I realize a VIP needs additional security. But this house, this lot, is not the one."
"Please do not allow him to get away with this," he added.
After the vote, Hemmer told The Texas Newsroom that he was disappointed in the decision. When asked how he would coexist with Musk as a neighbor, Hemmer said he would continue to keep an eye on the house.
Lexi Elio with ResistAustin, a liberal advocacy organization, also spoke against Musk.
"We do not believe that the richest members of our society should receive special exception or after they break the rules," she said.
But a narrow majority of the council members were swayed by Haddad.
At the outset of the discussion, she gave an extended presentation to the council where she offered a number of concessions to address neighbors' concerns. Haddad also argued the land on which the home was built presents a number of challenges, from a deep slope from the street to its septic system, that make ensuring security more difficult.
Before taking the vote, the council members discussed the pros and cons of approving the variances. Plunkett said Musk's requests went beyond most of those they usually approved, and said he did not think Haddad proved her case that there weren't better security alternatives.
Gordon Bowman said he was frustrated with residents making changes and then asking for council approval, but argued that the topography of land on which the home was built provided the hardship argument Musk needed to get his OK.
Darin Walker agreed: "I would say that's a hardship and it's specific to the property. It has nothing to do with the homeowner."
Before taking the discussion, the city council left the chamber to speak privately with its attorney.
Musk's representatives have attempted to cast a cloak of secrecy around the entire issue, unsuccessfully asking the city to hold the discussion behind closed doors. Local officials have also fought against releasing records about Musk's home, arguing making them public would put the homeowner at risk of physical harm.
Musk has also been linked to a home in South Texas near SpaceX, his rocket launch facility. That home is much smaller. The land on which it sits is owned by the company and the area was just incorporated in its own city — with Musk employees as its elected leaders.
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