ORDEk NO. 2~A263
APPROVAL OF GRANTINV A VARIANCE RELATIVE TO
THE APPEAL BY Mk. AND MRt3. PICKETT ( B & R RANCHES )
OF THE DENIAL OF A PERMIT FOR THE CONSTRUCTION
OF PRIVATE SEWAGE FACILITY
On this the 17th day of May 1991, came on to be heard the
appeal of the denial of a permit to Mr. and Mrs. Pickett (B &
R Ranches) fur the construction of a private sewage facility
on their property, and, it being found by the Court that:
1. Mr, and Mrs. Pickett have been denied a permit for
the construction of a private sewage facility on
their land due to the application of Section
5.02(k) of the Kerr County Rules for Private Sewage
Facilities;
2. Upon information ar,d belief, the building lot is an
unrecorded lot that was divided prior to the
effective date of tY-e Kerr County Rules for Private
Sewage Facilities;
3. Under Section 3. (d:.~ (d ) of the Kerr County Rules for
Private Sewage Facilities, this Court has the
authority to grant exceptions to any requirement of
the Rules;
4. Mr. and Mrs. Pickett, through no fault of their
own, have been placed in a financially difficult
position by the acts of one or more of their
grantors;
5. Mr. and Mrs. Pickett desire and agree to construct
ar,d operate a Private Sewage Facility on their
property that fully complies with the Kerr Lounty
pules for Private sewage Facilities;
6. Due to the nature of the problem and the recent
actions of the Court, an emergency exists and
waiver of 3.02(c) of at least 10 days notice is not
necessary as per tt,e County Attorney's opinion;
and,
7. ']'estimony and ir,turmation supplied in this Court
hearing seems to clarify that the intent of Section
5.02(k) was directed toward specific problems that
existed in 1984 regarding trailer parks and the
Illegal subdividing of recorded subdivisions
without replattir,g.
IT IS THEREFORE ORDERED that:
On motion made by C;urnmissioner Morgan, seconded by
Commissioner Holekamp and unanimously approved by a vote of
3-0-0, Mr. and Mrs. Pickett may proceed with the construction
and operation of a Private sewage Facility on their property,
subject to the requirements for the construction and
operation of such facility under State and local law s• and
regulations.
C
A
COMMUNITY ACTION GROUP INC.
Box 124, Kerrville, Tx. 78029
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~ May 16, 1991 '~•
C A G Inc. Helping Conserve Hill Country Living.
T0: THE HONORABLE KERR COUNTY COMMISSIONERS COURT
FROM: COMMUNITY ACTION GROUP INC.
SUBJECT: CAG'S APPEAL OF April 10, and the subsequent Court Order
It has come to our attention that members of the court are
threatening to over turn Kerr County's Rules for Private Sewage
Facilities and to use the State's Model Order without any supple-
ment for the conditions peculiar to Kerr County.
Specifically it is our understanding that as an alternative to
voiding existing Rules an amendment is proposed for consideration
by the court this A.M. which would put a stay on carrying out the
order of the Order ~~•~~ l~ Dated May /.~ 1991.
CAG Inc. opposes any such Amendment in that it is inconsistent
with the order's findings. Furthermore there is no justifiable
reason for such dilution of the original order.
Passage of such order will result in an immediate appeal to such
authorities having jurisdiction over such matters.
Far~the C mmunity Action Group inc.
/~ ~/~
R. D. Hayn , Vice-Chairman
A'volunteer Civic organisation working for the bettertnetlt of the Kerrville South Area
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pRI}}Eg N0. 20263
APPROVAL OF GRANTING A VARIANCE
RELATIVE TO 'Tf~ APPEAL BY MR. &
~. PICKETT (B & R RANCHES) OF
THE DENIAL OF A PERMIT FOR `~
CONSTRUCTION OF PRIVATE SE4~TP,GE
FACILITY
May 13, 1991
Vol. S, Pg. 245
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I ,.
ORDER TSO.
G TO THE APPEALS BY MR. AND MRS. PICKETT {B&R RANCHES) AND
GEORGE M. THOMPSON TURTLE CREEK RANCHES} OF THE DENIAL OF ~,
PERMIT$FOR TH RUCTION OF PRIVA GE FACILITIES.
On this day came on to be heard the appeal of the denial of
permits to Mr. and Mrs. Picket (B&R Ranches) and George M. Thompson
{Turtle Creek Ranches) for the construction of. a private sewage
facilities on their property, and, it being found by the Court.
that:
1. The Appellants have been denied permits for the
construction of private sewage facilities on their land Sue to
the application of §5.02(k) of the Kerr County Rules for
Frivate Sewaga Facilities;
2 Upon information and belief, the building lots are
{y/'i ~~ --=I~'=f1 lots that were divided prior to the effective date of
the Kerr County Rules for Private Sewage Facilities;
~~ 3. Under §3.03~of the Kerr County Rules for Private Sewage
~ Facilities, this Court has the authority to grant exceptions
to an.y requirement of the Rules;
4. The Appellants, through no fault of their own, hate been
placed in a financially difficult position by the acts of one
or more of their grantors;
5. The Appellants desire and agree to construct and operate
Private Sewage Facilities on their respective properties that
fully comply with the k:err County Rules for Private Sewage
Facilities: and
h. Due to the nature of the problem and the recent actions
of the Court, an emergency exists. '-.•~
IT IS THEREFORE ORDERED that- p r ~~
.t.~=~--- ~ _ __
1. Th~• apgeafs-ire <}}ran.ted-•~"'~he Appellants may proceed
with the construction and operation of Private Sewage
Facilities on their respective properties, subject to th-~
requirements for the construction and operation of such
facilites under State and local laws and regulations.
ENTEP.ED THIS THE DAY OF MAY, 1991.
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