ORDER N0. 15424
APPROVAL OF REQUEST BY MRS. W. B. BROWN, JR., LANDOWNER,
FOR WAIVER OF UPPER GUADALUPE RIVER AUTHORITY DECISION
On this the 9th day of April 1984, came on to be consider-
ed by the Court the matter of the request by Mrs. W. B.
Brown, Jr., landowner, for waiver of the Upper Guadalupe
River Authority decision denying an application for a
construction permit of a residential summer home in a
designated floodplain of the Guadalupe River near Camp
Waltonia.
A motion was made by Commissioner Guthrie, seconded by
Commissioner Holland and unanimously approved by the Court,
granting a variance to Mrs. W. B. Brown, Jr., permitting
construction in the floodway, pursuant to provisions as
set out in Part 7 of the Regulations for Floodplain Manage-
ment, Kerr County, Texas.
Upper Guadalupe RiverAuthority
215 W. Water St.
,~ -- P. O. Box 1278
j I _-_ Kerrville, Texas 78028
512-896-5445
S Apr i 1 1984 B•W. Bruns
General Manager
The Honorable Gordon S. Morriss
Kerr County Commissioners Court
Kerr County Courthouse
Kerrville, Texas 78028
Dear Judge Morriss:
Mrs. W. B. Brown, Jr., filed an application for construction in the
floodplain of the Guadalupe River near Camp Waltonia (see Enclosure 1).
The location of her property is shown on the FIRM map extract (Enclosure
2). An initial review was made of her application and my letter
granting approval with the attendant conditions was sent to her on
20 March 1984 (Enclosure 3). The following day, a further review of
the floodplain data in the vicinity of her property revealed her
proposed construction would be within the regulated floodway.
Consequently 1 had no coice but to rescind my earlier letter (see
Enclosure 4), because the Federal Emergency Management Act (FEMA)
regulations and the Regulations for Floodplain Management, Kerr
County, Texas {see Part 6, Enclosure 5), prohibits new construction
within the adopted floodway.
It is regretful that Mrs. Brown cannot use her property as she
intended, but the floodway is the portion of the floodplain which
is expected to carry the major velocities and destructive forces
associated with the 100-year flood. I understand Mrs. Brown plans
to appeal my decision and requests a variance from the Commissioners
Court as permitted by Part 7 of the Regulations for Floodplain
Management, Kerr County, Texas.
I must inform you and the Commissioners Court that if a variance is
granted which permits construction in the floodway, FEMA must be
advised. Further, the Commissioners Court can expect its decision
to be challenged by FEMA.
1 am prepared to be available to the Commissioners Court to answer
any further questions.
Sincerely,
,- _ .
B. W. Bruns, P. E.
Kerr County Floodplain Administrator
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Encls.(5)
~-cc: All Commissioners
P.U. 13o.c 1:!t8 To 8e Co:r~j~l~~ted
3Cerrvill~a, Tr.:xaz 'J,3~~!~ By Administrator
512-89ti•-h445 APPLZCATION NO._f- P !~ lS
F'rF: PAID ~ ~-UU
l~PPLTCATION FOR CONSTF~UCTION PETtMIT
IN DESIGiJATED FI,()OD~HA2A_RD J1RI;AS IN KFRR COUNTY ~/
1. NAME OF APPLICANT: ~~Zti"1~ Zq,` ~ ~~i,t2,re~.~~ 1~-~ Telephone No~ / ~ S(
MAILING ADDRESS: ~~~~~ "~
Zip Code
2. LOCATION OF PROPERTY (complete as appropriate)
If located in a subdivision:
Name of Subdivision Section No. Block No. Lot No.
If NOT located in a subdivision:
Nam b No. of ~urvey/Abstract Acreage Describe location or
at ch ap or sketch showing landmarks or`approximate distances
3. NATURE OF PROPOSED CONSTRUCTION (check and complete as appropriate)
(~) Residential ( ) Non-ltesidenti.ll (~ Other ,~;.~~~,~~ ~~~~J~
Explain
4. DESCRIPTION OF PROPOSED CONSTRUCTION (check and complete as appropriate)
( ) New Construction ( ) Substantial improvement to existing structure
(See Note 1 below)
House ( ) Mobile Home ( ) Other
( ) Commercial Structure
'lyl>e of Business
5. Applicant will provide one (L) copy of plans and specifications of the proposed
construction. The Flood Plain Administrator may require the filing of supple-
a-ental plans, specifications and information if the documents attached are not
sufficient.
I HEREBY FILE THIS APPLICATION FOR FUILDING PERMIT, AND ~F THE
PERMIT HEREIN APPLIED FOR IS GttANTED, ACKNOWLEDGE MYSELF TO 8E
BOUND TO CO4'lMISSIONERS' COURT OF KI:RR COUNTY TO SEF. THAT ALL
PROVISIONS OF THE: BUILDING PERMIT ARE FAITHFULLY PERFORMED.
Dated:3_ ~ ~~ -- ~~
' ~~.
Signature, Applicant/Agent or Atto ey
NOTE 1: "Substantial improvement" means any repairs, reconstruction, or improvement
of a property, the cost of which equals or exceeds 50• of the actual cash
value of the property either (a) before the improvement is started, or (b)
if the property has been damaged and is being restored before the damage
occurred.
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Upper Guadalupe River Authority
215 W. Water St.
i '---
~,
L_ ____~
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Mrs. W. B. Brown, Jr.
909 Redbud Lane
Kerrville, Texas 78028
Dear Mrs. Brown:
~. O. Box 1278
Kerrville, Texas 78028
512.896.5445
22 March 1984
B.W. Bruns
General ManagK
As we telephonically indicated and discussed in my office on this
date, my letter to you dated 20 March 1984 is rescinded because a
further reveiw of Kerr County Floodplain data reveals that your
property is located within the designated floodway of the Guadalupe
River to Kerr County (see att8chod extract of Kerr County Floodway
Map). The Regulations for Floodplsin Management. Kerr County,
Texas, prohibit encroachment including new construction within the
adopted floodway that would result in any increase in flood heights;
therefore, your application dated 19 March 1984 is not approved.
if I can provide additional information, please feel free to contact
me.
Sincerely,
~- ~~ ~.~
B. W. Bruns, P. E.
Genera 1 Manage r
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Encl.
ENCLOSURE 3
Upper Guadalupe RiverAuthority
215 W. Water St.
e-
.,
~ - -- P. O. Box 1278
Kerrville, Texas 78028
`~ 51 ?-896-5445
20 March 1984
Mrs. W. B. Brown, Jr.
909 Redbud Lane
Kerrville, Texas 78028
Dear Mrs. Brown:
B.W. Bruns
General Msna~er
Your application for construction in the floodplain of the Guadalupe
River near Camp Waltonia is approved subject to:
a. The lowest habitable floor of the structure be at or above
elevation 1723.5 feet above msl.
b. The enclosed Certificate be completed by a Registered Professional
Engineer, Architect or Surveyor, indicating the actual elevation
of the lowest habitable floor and the Certificate be returned
to this office.
c. This office be provided a copy of the final plans, as-built
drawings, or photographs, showing the significant features of
the completed structure.
d. Any mechanical equipment; i.e., air conditioning units, etc.,
be elevated at or above elevation 1723.5 above msl.
e. If fill is to be used to elevate the structure, a plan showing
the extent of the fill be provided for review.
f. If piers are to be used to elevate the structure, a plan or
statement be ~~rovided this office, indicating the space below
the habitable floor of the structure will not be enclosed.
Zf you have any questions or require clarification, please feel free to
contact me.
Sincerely,
B. W. Bruits, P. E.
Kerr County Floodplain
Administrator
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Encl.