`~~z~~~~.Z~
COMMISSIONERS' COURT AGENDA REQUEST
PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: R.D. xaynes
MEETING DATE: 4/25/91
OFFICE: c.A.c.
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Appeal to Commissioners Court regarding
permit issued to Ms. J. Holmes to construct a Private Sewage Facility for an existing
residence.
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT
R.D. Haynes
Time for submitting this request for Court to assure that the matter is posted in accordance
with Artlcie 6252-17 is as follows;
* Meetings held on second Monday; 12;00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thrusday
THIS REQUEST RECEIVED BY: is
THIS REQUEST RECEIVED ON : 4/18/91 ~ 3:30 pm
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
C~ .
A COMMUNITY ACTION GROUP INC.
G Box 124, Kerrville, Tic. 78029
r
~ April 10, 1991 ~.
C A G Inc. Helping Conserve Hill Country Living.
Ms. Tommie C. Huston, Clerk
Kerr County Commissioners Court
Kerr County Court House
Kerrville, Texas 78028
Dear Ms. Houston,
Pursuant to Chapter 3, of Kerr County Rules for Private Sewage
Facilities, the Community Action Group Inc., CAG Inc., herewith
APPEALS and objects to the issuance to Ms. J. Holmes, of a Permit
to construct a Private Sewage Facility for an existing residence
at 707 Southway, Kerr County Texas. The issuance of the Permit on
or about April 8, 1991 by the Kerr County Environmental Health
Director(KCEHD) was, presumedly, in response to an application
by Ms. Holmes which was filed prior to same.
We have requested copies, by telephone, of the documents relat-
ing to the particulars of issuing this Permit. However, the
office of the KCEHD has denied CAG lnc. access to the specific
documents. We have been advised orally and it has been confirmed
by telephone that a Permit to construct a Private Sewage Facility
on a 0.19 acre portion of Lot 53 of Glen Oaks Estates N3 was
issued by Mr. Litke on or about April 8, 1991. Because of the
above reasons we are not able to attach copies of the documents
contemplated in Chapter 3. It should be noted that there are
four owners of portions of lot 53.
CAG Inc. believes the proper response to Ms. Holmes application
should have been a denial for a permit to construct any Private
Sewage Facility on an unplatted piece of land, 0.19 acres in
size, situated in a subdivision composed of one acre+ lots.(lot
53=1.22 acres). Said issuance of a permit to construct is in
violation of Kerr County Rules for Private Sewage Facilities
including but not limited to Chapters 3, 5, 7, and 8.
The granting of such permit constituted the granting of an excep-
tion which was not done in compliance with the provisions of
Chapter 3. The system as approved was not in compliance with the
provisions and requirements of Chapter 7.
The fragment of land approximately 1/6th of lot 53) on which the
Permit allows the construction of a private sewage facility is
not a lot as required, and it is not platted as required. Addi-
tionally article 8.01 provides that "No Permit to construct or
license to operate will be issued for development in a subdivi-
sion that does not comply with applicable portions of the
County Subdivision Regulations".
A volunteer Civic organization working for the betterment of the Kerrville South Area
Page 2. APPEAL
We request that upon hearing of this APPEAL by Kerr County Comm-
issioners Court that the granting of such Permit be overturned
and denied.
Sincerely Yo rs,
r ~ . .~.1,.~~^
R. D. H ynes,; Vice Chairman, CAG Inc.
~.
cc: Judge William Stacy
County Commissioners
KCEHD Litke
f~..~~ Der oIL~~~~A.D. lg ~ ~
VATRICI OYE ~ ~[; ~Q /~ • ~
Clerk Cour~ Court unit', T ~ I
2
C
A COMMUNITY ACTI
ON GROUP INC.
Box 124, Kerrville, Tx. 78029
r~
~_
.j-~_~ `.
C A G Inc. Helping Conserve Hill Country Living.
April 24, 1991
T0: HONORABLE KERR COUNTY COMMISSIONERS' COURT
FROM: CAG Inc.
Subject: Appeal dated April 10, 1991 Re: KCEHD Permit 90-47
Thank you for this opportunity to appear before you today.
I am here as a spokesperson for the Community Action Group Inc.
The matter before this Court today is the matter of compliance
with Kerr County Rules for Private Sewage Facilities (Rules),
Standards for the Texas Health Department, and the Texas Water
Code. And more specifically with the procedures and facts relat-
ing to the application for a permit by Ms. J. Holmes and the
issuance of Permit 90-47 by Kerr County Environmental Health
Department, KCEHD.
The integrity, including Environmental Health, of the Subdivi-
sions in Kerr County is controlled andlor supported by Kerr
County Rules for Private Sewage Facilities, Kerr County Subdivi-
sion Rules and Regulations, and Subdivision Deed Restrictions.
The problem before us today is ..."Does Permit 90-47, dated
4/8/91 to Julia Holmes and her application comply with the Envi-
ronmental Health Rules for Kerr County?"
STATEMENT OF THE SITUATION:
A Permit has been issued for a private sewage facility, involy-
ing an unplatted fragment of land 0.19 acres in size, and having
a newly completed residence that has been occupied since Sept
ember 1990. Construction on the residence was started in July
1990 without a permit to construct a private sewage facility.
The combined efforts of the County and CAG Inc. have been unsuc-
cessful in resolving the issue. Please refer to the Map.
There are at least three issues or questions to be resolved:
PROCEDURAL QUESTIONS
1. The granting of the permit constituted the granting of an
Exception which was not done in compliance with the provisions of
Chapter 3.01. The system as approved was not in compliance
A volunteer Civic organization working for the betterment of the Kerrville South Area
1
Page 2. Appeal Permit
with the provisions of Chapter 7. No approved Exception is known
to exist. In fact, the only request by Ms. Holmes for an
Exception was that of February 28, 1991, for a variance which
was denied by the Court.
RULES REQUIREMENTS.
2 The basic provision that is directly applicable to the
granting of Permit 90-47 is Chapter 5.02(k) which reads as fol-
lows:
"The licensing authority shall not issue a permit for the in-
stallation of a private sewage facility until a plat of a build-
ing lot has been approved ~ the Commissioners Court, and filed
for record in the office of the County Clerk, unless said proper-
has applied for and received an agricultural exemption from ad
valorem taxation. Prior to issuing a permit the licensing au-
thority shall ascertain from the County Clerk that the proposed
building lot is a lot in an aperoved subdivision or that it is
required to be platted. or that it is excepted from platting
requirements"
The fragment of land on which a Permit was granted has not been
determined to be a "platted building lot approved ~ the commis-
sioners Court.tt Further there are no known exceptions covered by
the Rules.
The fact that a platted lot is required and that Ms. Holmes
building lot is not platted is further supported by the fol-
lowing letters. By letters dated August 30, 1990 and October 29
1990, the Director of KCEHD clearly stated that the building
site and the private sewage facility must be on a platted lot.
Ms. Holmes told CAG representatives on July 26-27, 1990 that she
was in the process of getting her building site replatted.
DOCUMENTATION
3. DOCUMENTS USED TO SUPPORT GRANTING PERMIT 90-47
CAG Inc. has requested in writing copies of the Permit and relat-
ed supporting documents. The KCEHD Director has responded by
making available to CAG Inc. the four document I now hand you.
Let me identify them:
1st is a type written sheet entitled Notes to File 90-47
listing four items;
2nd is an application by Julia M. Holmes dated 3-4-91:
3rd is a Permit to Construct t#90-47 dated Aprii 8, 1991
4th is a drawing identified as Lot 53 Glen Oaks 3 and
submitted by On-Site Design Services with a "Received '*
stamp of KCEHD April 5 1991.
(i). The brief statements on the first sheet are vague and do
not contain the information required for an exception under
Chapter 3 of the Rules. This statement lacks specificity such as
the name of the person making the request for an Exception.
2
Page 3. Appeal Permit
Cii) The second document that does not comply with the Rules in
that the Application dated 3-4-91 which clearly indicates that
the lot entry show the notation "Pt. of 53". There is no such
lot designation on the Plat of Record. Further the Permit num-
ber, 90-47, is the same as the number used on Ms. Holmes
application of July 20, 1990; which application was denied by the
Director of KCEHD. Ms. Holmes subsequently appealed to this
Court for a variance, which was not heard on the grounds that the
appeal was not timely.
(iii> Item 3 is Permit 90-47 which is the same permit number
shown an permit application dated July 20,1990 and which has been
the subject of lengthy correspondence with KCEHD. This permit
application number was denied. Now it has returned in a second
application. Further more The Permit issued April 8, 1991 shows
it is for Glen Oaks # 3.
The Permit states that Oaks #3 Lot 53 is owned by Ms. Holmes,
when in fact Ms. Holmes does not own Lot 53 as shown by the
County Records.
(iv) Item four is a drawing with a legend and title block. The
title block identifies the drawing to be Lot 3. of Glen Oaks #3.
When compared with the plat of record the drawing does not
conform to the plat of record. Further engineering design is
incomplete in that it shows water consumption for only one person
a one bedroom house has the potential for 2+ people.
GENERAL CONSIDERATIONS
By not sticking to the platted lot concept the Director, KCEHD
is indirectly assisting and allowing land owners (as distin-
guished from lot owners) to circumvent the basic concept of one
dwelling on one lot, as expressed in the Kerr County Rules for
Private Sewage Facilities, Kerr County Rules and Regulations for
Subdivisions, as well as Deed Restrictions.
With reference to point 3. of Item (i) from the Office of KCEHD,
the rationale for exempting the property that was divided before
1979 is not supported by any documentation. That the so called
division sale) occurred prior to the current Rules and Subdivi-
sion regulations infers some type of grandfather clause is in
effect, but none was referenced. The Rules contain the only
applicable grandfather clause, Chapter 5.02(8). This grandfa-
ther clause is specifically applicable to lots.
SUMMARY
Permit 90-047 should be overturned because:
The procedures for granting an exception were not followed,
Chapter 5.02(k) Explicitly prohibits the licensing authority from
3
Page 4. Appeal Permit
granting a permit unless the building lot is a platted, approved
and recorded lot,
The documentation contains numerous misrepresentations and inac-
curacies .
For these reasons we request that you overturn the granting of
Permit 90-47 and instruct Mr. Litke to deny Ms. Holmes applica-
tion.
GENTLEMEN --- if this court should decide to upholds or sustains
in any way this Permit 90-47 of April 8, 1991 it will be aiding
and abetting the determined and consistent efforts by the appli-
cant to totally disregard and subvert the Kerr County Rules for
Private Sewage Facilities. Ms. Holmes is not in the position she
is in because of ignorance or a set of unfortunate circumstances.
On past occasions we have briefed the Court on Ms. Holmes ac-
tions. It is an undisputed fact that Ms. Holmes began construc-
tion of a private dwelling on or about July 1990 without a
Permit to construct a private sewage facility! S,he has been duly
counseled and advised personally of her need to 'conform to the
Rules. Not just once, but on several occasions. She has chosen
to ignore such counsel. She has been advised in writing that she
is in violation of the Rules through letters from The Director of
KCEHD and through letters from CAG Inc. As recently as April 10,
1991 CAG Inc. advised Ms. Holmes that it was appealing the sub-
ject Permit and that if she proceeded it would be at her own
risk. Notwithstanding all of this, she has received delivery of
large pieces of equipment for a private sewage facility and has
proceeded to install the equipment. Even now the finishing
surface work is being completed in mockery of the very substance
of Kerr County Rules.
If this is an example of how this Court is going to administer
the Rules then our community is in very serious economic trou-
ble. CAG Inc. wants this Gourt to Know that it support enforce-
ment of Environmental health Rules. This desire is evidenced by
a Resolution passed by the membership at the last annual meeting.
Subdivision residents of the 40 plus subdivisions support, want,
and urge the strict enforcement of Kerr County's Environmental
Health Rules.
You have a golden opportunity to send a clear message to all --
that Kerr County values Environmental Health and we are willing
to pay to keep the Hiil Country clean, safe and healthy.
Kerr County should have a goal to be known to have the best and
the fairest operated Environmental Health in Texas.
I urge you in your wisdom and your desire to uphold the Laws of
the State of Texas and to serve the people of Kerr County to
overturn and deny Permit 90-47.
Thank you,
~J ~ 4
~,
NOTES TO FILE 90-47
Julia Holmes, property
April 23, 1991
Rationale to issue permit as revised.
1. Aerobic system meets all minimum distance setbacks and Texas Department of
Health policy for spray irrigation systems.
2. Site reviewed and system designed by a registered sanitarian for
suitability including lot size. (sec. 5.028)
3. Division of property occurred in 1979 prior to date of the current private
sewage facility order (1988) and the county subdivision regulations
(1984).
4. Phis residence is the only one on any part of lot 53.
C~~)
ftt_ftrt c:c,tlr~ 1 'r L.NV iltuiJr•iL(J I nl_ f l-_nLl i t D~f'n!{~fMENT
APt~L1Cn t 1vN i ~ arc n 1'r_~tra 1 - I u t;utJ~ I IcUc.: l n 1'Il1VA l L ~LWAGE FACI LI I 'r AN(1
n LIC~NSL- hu OPCRATE
Date :_ .~ - 4~ ~ ~/ Valid For Si x Months Permi t No: ~o' `~7
Property Owners Name: ~u L i ~ (") . ~-~ 0 4 /`~E S Phone No: ~~16. 029 3~
_ Mai 1 ing Address: 3 4o E A~Q L '~ tQ 1 U E ICE ~~ J-~c-E ~!,[ _~80~
City State Zip
DESCRIPTION OF PROPERTY:
o ~"
Subdivision: ~r LC ~l /~ IBS ~ ~ I /_ + 53 /
Section Block Lot Acres
Street Address of Property : ''~o'I SP u'r'n-I ~ a ~ 'I'~ 2
If Not Located In a Subdivision: Name Of Road:
Survey No: Abstract No: Acreage:
A Copy of deed or survey may .be submitted.
Location/Directions/Map To Property:
TY ~ DEVELOPMENT;
{ ~' House ( ) Mobile Home ( ) Other:
No. Bedrooms: _ LIVING AREA~sq. ft.
( ) Commercial Property (type)
N0. OF OCCUPANTS: ~~
NO. OF OCCUPANTS: BUSINESS - ESTIMATED SEWAGE GALS
SUPPORTING INFORMATION;
Source of Water: water System Private Well
Flood Plain Certificate of Co-npliance Completed?:
Installers Name (if available): t)o1r~h ~~~ ~ ~~
This completed application and all additional information submitted does nc
contain any false information and does not conceal any material facts.
_ Authorization i.s hereby given to KCEHD.personnel to enter upon the above
deSCribed property for the purpose of lot evaluation and inspection of pri`
sewage facilities. Authorization to proceed with construction will be
provided after a joint (O-vner or In>taller and KCEHD) survey of the prooosF
site for soil analysis and facility suitability.
Fees are not refundable.
DATE: 3- `~"- ~~ 01VtJER'S SIGNATURE: ~,,~Q,~ a1'1_ ~ n
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DISPOSAL SYSTEM GREATER-:THAN .150 ft'	...
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WATER USAGE :``:150 gal
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APPLICATION RATE .075 sq. ft /day ~	'~		
APPLICATION AREA-REQUIRED:: 2000 sq ft.			
APPLICATION AREA UTILIZED i 2.38" sqc ft.
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PRIMARY TANK; :
750 gal. .',~ ", _~	~		

AEROBIC TANK :HYDRO-FLO~F-500	
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PUMP TANK :750 gal.			
DISINFECTION CONTACT CHLORINATOR ~ ~ ~"
FINAL DISPOSAL SPRAY IRRIGATION
DISPOSAL TIME CONTROLLED BY TIMER
DESIGNED BY ON-SITE DESIGN SERVICES
101 TWIN SPRINGS
KERRVILLE TX 78028
PHONE (512}257-8257
JOHN WHITEHEAD R.S.
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