ORDER NU. 20108 MOTION TO DENY A HEARING ON AGENDA ITEM 2.5 CONSIDERATION OF VIOLATION OF SUBDIVISION RULES AND ENVIRONMENTAL HEALTH RULES On this the 28th day of February 1991, upon motion made by Commissioner Morgan, seconded by Commissioner Holekamp, the Court unanimously approved by a vote of 4-0-0 that Commissioners' Court deny a hearing on the posted request for consideration of violations of Subdivision Rules and Environmental Health Rules as it is a matter for the J.P. courts as outlined in State Law and not Commissioners' Court. {j,c.. /,~~/ •~ ~! _ '/ 5 i~ r~~~i~r"S~' ~`r .-T. v -~f ~' , f r a ~ t ~~`~. 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MADE BY: .Tudge Stacy OFFICE: County .Tud~e MEETING DATE: 2./28/91 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consideration of violation of Subdivision Rules and Environmental Health Rules - Mrs. Holmes. EXECUTIVE SESSION REQUESTED: PLEASE STATE REASON ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Lavern Harris Time for submitting this request for Court to assure that the matter is posted in accordance with Article 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 Thursday. If preferable, Agenda Requests may be made on office stationery with the above information attached. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: is 2/25/91 ~ 9:00 am 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. Harris & Monroe, P.c. Attorneys and Counselors at Law Lavern D. Harris Scott F. Monroe Susan F. Harris Faye C. Harris Honorable Kerr County Kerr County Courthouse Kerrville, Texas 78028 February 25, 1991 Commissioner's Court Bank of Kerrville Tower -Suite 500 222 Sidney Baker South Kerrville, Texas 78028-5900 (512) 896-2711 Fax (512) ?92-3323 Hand-Delivered Re: Permit application #90-47 for a Private Sewage Facility, 300 Earl Drive/Julia Holmes Gentlemen: Julia Holmes has made prior application to connect a small guest house located on part of Lot 53, of Glen Oaks No. Three, into the septic system which is located on Lot 1, of Cedar Ridge Subdivision. Mrs. Holmes considers the total area as one lot. They are totally integrated into one living unit for one family and their guests. The guest house was built on the property approximately eleven (11) years ago. The sewer line that connects the guest house to the septic system on Lot 1, Cedar Ridge Subdivision, was also laid many years ago. Mrs. Holmes has made application to put in a new septic tank, but is denied a permit to do so because her living area is located partially in two (2) subdivisions. Attached hereto as Exhibit "A" is a copy of a letter dated October 29, 1990, from David L. Litke, R.S., Director of the Kerr County Environmental Health Department, denying Mrs. Holmes' application. Attached hereto as Exhibit nBy is a copy of a plat showing the layout of the two subdivisions and the subject property. Mrs. Holmes owns approximately 12,341.8 square feet out of Lot 53, Glen Oaks No. Three, and approximately 21,736.7 square feet, all of Lot 1, Cedar Ridge Subdivision, totaling 34,078.5 square feet in all. Mrs. Holmes is requesting a variance from her having to replat her property because it is unnecessary and very expensive. Very truly yours, ~~ Lavern D. Harris LDH/ kw Encls. cc: Julia Holmes 9008032.Comm.Ct. 2.25.91 i ~~ r ~~ KERR COUNTY ~ ENVIRONMENTAL HEALTH DEPARTMENT `~ ~~ ,,~. 1(11 tipur 1(10 ~'~;~ w••~ li~•rrvill~•, '1•~~xnH 7l102N October 29, 1990 Ms. Julia Holmes 300 Earl Drive Kerrville, Texas 78028 _ Subject: Permit application #90-47 for a Private Sewage Facility, 300 Earl Drive Dear ..s. >'olmes After reviewing your application again concerning the condition of two separate dwellings on two separate lots connecting to the private sewage facility, I will have to restate my position that the affected properties must be replatted. The procedures and requirements for replatting of property may be obtained from -Jerry Menefee, County Engineer. His phone number is 257-2993. Once the replat is complete, your pending permit can be considered for issuance. If you do not~wish to replat, you may wish to appeal to the Commissioners Court. Sincerely David L. Litke, R. S. Director ' ejg cc Stan Reid, Assistant County Attorney Gordon Morgan, County Commissioner, Precinct 1 Jerry Menefee, County Engineer John Whitehead, R.S. ~,1~aVe~-ne ;:Na ~:rs s ~ EXHIBIT "A" 1 1 t { S~5 ` 1` t 1 (~ ~'~ 3 ~ p. ~ ~° ., ~.,;,~;~~-;;,~,;,;~-,'~~~ .~~:w ~ Farr i / ~~~ ~ a ~,~ z ,.~; t•,. 1 1 1 ,~ Q ~ ~ y •~t ~ Z~,~ ~ ', ,~, ~~ ~ iy ~"~ t ~ ~1~~~ ~lD,'rj~k f l~~~q~ :14J,~S1~'~j~ t~~ ~ .zo '~"~ ,~`'f,'~~'''1''~~i'~ ~i1t}''°`~~,~~ v `'. G~ ~~ 1 ~ are ~ ~. ,. ~ ~;~~ :.,;,'~ „~~,~,.;,;',s, ~,,,; ~ .~~ p(,.71,'z t~:5 too r' ~ }'.'~~ ',~: ';~ (,~~;:~~,~ i Fi''~ ~''=z~; ~4~ ~1, ~y ,: ~ "~ ,1:~ ~, ,p; ~ ,. i ' p ~" '~ ~ ~_ ~ :' ~ t •`~,~.• t ~~ ..'ur ~ , •., , ,,t,., , .~__--- ~~o ~Za~~" ~ ~ ,~;,i;~~~Y Fps}~~~;~:, .• j /~ ~1 ~ j E S;' '~ e~`f ~J ~ ~ F 1" ~1 ~~ i'~P~r~ 9; ~~,~~fr1~ ~~~ ice... ~~~ ~ ~r~ „ ,~ ~ i +'~' u~' dr ~ . ~' [~ Q, ~ ~~a: ' ,;, ~,ifl ~ J~A~ ~ its ~ kt ~~ ~1' t; _i '~ • ~ ~ ~` ~' ~~. zs ~ s.~r's~..t~• ~ , ~ `tt ~ ~ ~ . ~~ ~~ ~~ 3~ ~1~~ COMMISSIONERS' COURT AGENDA REQUEST • PLEASE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: .7. Plangman OFFICE: CAG, Inc. P. 0. Box 124 Kerrville, Texas 78028 MEETING DATE: December 17 , 1990 TIME PREFERRED: SUBJECT' (PLEASE BE SPECIFIC): Violation of the Kerr County Private Sewage Facilities Rules, in Glen Oaks 3 and Cedar Ridge Subdivision. ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter is posted in accordance with Article 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 Thursday. If preferable, Agenda Requests may be made on office stationery with the above information attached. THIS REQUEST RECEIVED BY: LR THIS REQUEST RECEIVED ON: 12-13-90 @ 8:00 a.m. 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. CAG Inc. P. U. Box 124 Kerrville, TX 78028 December 12. 1990 Judge Danny Edwards Kerr County Commissioner's Court Kerr County Court House Kerrville, Texas 780'28 Dear Jude Edwards: Pursuant to Chapter 3 of R,ales of Kerr County, Texas For Private Sewage Facilities, paragraph 3.02 APPEAL the Community Action Group Inc. (CAG Inc.) objects to: cl) the continuing delay by the Director KEHD, in processing an application for a permit to construct and operate a Private Sewage Facility on a 0.19 acre portion of lot. 53, Glen Oaks 3 Subdivision and (2) the authorization by the Director, KEHD for a connection ioining of the sewage generating unit (house in Glenn Oaks #3) to a processing unit (septic tank) in the Cedar Ridge Subdivision. Such authorization by the KEHD is in violation of the above cited Rules. The reasons for CAG Inc. making this appeal are as follows: A. In a meeting with Mr. David Litke, R.S.. Kerr County Environmental Health Department (KEHD>. Director, at his office at 101 Spur 100 on November 2, 1990, 1:20 pm with R. D. Haynes and J. F. Plangman (representatives of CAG Inc.), the following information and decision was ]earned: 1. Ms. Julie Holmes filed an application for a Permit to construct. a.nd operate a Private Sewage Facility on July 20, 1990 on said portion of Lot 53, Glen Oaks #3 Subdivision. 2. A Permit. for construction of a Private Sewage Facility has not been issued as of this date. 3. The Director. KECHD, wrote Ms. Holmes on August 30, 1990 stating she was in violation of Kerr County, Private Sewage Facility Rules and outlined the specific violations. 1 Judge Edwards p 2 4. On September 12, ].990 the KECHD Director again wrote Ms. Holmes stating she was still in violation of Kerr County Private Sewage Facilities Rules and that he knew the septic system had been in operation for approximately one (1) week. Judge Edwards p 2. Further the Director's letter told Ms. Holmes she had until September 21. 1990 to come into compliance with said Rules or he would take legal action against her. 5. Approximately six weeks later, on October 29, 1y90 the KEHD Director, for the third time, wrote Ms. Holmes a letter stating she was still in violation of Kerr County Private Sewage Facilities Rules! 6. The two representatives of CAG Inc. were allowed to read the above correspondence but were not allowed to make copies. B. BACKGROUND Ms. Holmes' Private Sewage Facility was put into operation in early September without a License to Operate. Further the con- struction was completed by connecting the generating unit (house on Lot. 53, Glen Oaks 3 Subdivision) to a processing unit and a disposal unit in an adjoining Subdivision by making what was referred to as a "simple plumber's job". A1] of this without a permit and the plumber not a Licensed Installer. Much time, effort and expense was invested by County Officials and concerned land owners to establish the new Kerr County Pri- vate Sewage Facilities Rules so the environment of Kerr County would be protected in a more effective way. The current actions, with regards to the above cited circumstances. of tt'~e KEHD Direc- tor ill serves this purpose. D. CONCLUSIONS From the above information it appears to CAG Inc. that there are several clear violations of Kerr County Private Sewage Facilities Rules. Further the sewage generated in the residence located on the 0.19 acre part of Lot 53, Glen Oaks #3, and transmi±ted across the easements of Lot 53 of Glen Oaks 3 and Lot 1 of the Cedar Ridge Subdivision, and thence to the processing and dispos- al units located in Lot 1 of Cedar Ridge Subdivision is an ex- plicit violation. U. REQUESTED ACTION CAG Inc. requests that the Director, KEHD, be instructed to force Ms. Holmes to remove the illegal "plumber's connection" between the sewage generating unit in Glen Oaks 3 and the processing and disposal unit in the adjoining Cedar Ridge subdivision, and further that Ms. Holmes application of July 20, 1990 be denied. n t Judge Edwards p ;3. A sketch of the physical layout is shown on the attachments. Please put. this item on the Commissioner's Court Agenda at the earliest possible date. Thank you. Respectfully submitted, ~ ~~ ~ Ro~,~ vey, Cha rman CAG Inc. J. Plan n R. D. Hayn cc: Kerr County Clerk County Commissioners Pat Tiniev David Litke Ms. Holmes Glen Oaks Estates Building Board 3 a ~~~~ S~J~ 52 1 ~ f N -" ~ ISO' __ CEDAR RI GE 3 ~ ~ ' '` 4 ~ t'~ ~~ GLEN 4AK5 EST/~T~53 SU~DIV1514-~ w -- - - -- ~ _r_ ~ j50 ~ - .... .~__ > New~~u ~ ~e~~ ~'~1i~r eascm~~y I• !~ J 'I ~ ~ I'a ~ lw O~~J~ ~. ~- f _- ~~, Lavern D. Harris Scott F. Monroe Susan F. Harris Faye C. Harris December 14, 1990 Bank of Kerrville Tower -Suite 500 222 Sidney Baker South Kerrville, Texas 78028-5900 (512) 896-2711 Fax (512) 79Z-3323 Judge Danny Edwards Hand-Delivered Kerr County Commissioner's Court Kerr County Courthouse Kerrville, Texas-78028 Re: Permit application #90-47 for a Private Sewage Facility, 300 Earl Drive/Julia Holmes Dear Judge Edwards: On October 29, 1990, David L. Litke, Director, Kerr County -- Environmental Health Department, wrote a letter to Ms. Julia Holmes advising that before he could issue a permit to Ms. Holmes it would be necessary to do some re-platting. Ms. Holmes disagrees with Mr. Litke's decision and desires to appeal this matter to the Kerr County Commissioner's Court. Today, I had hand-delivered to me a copy of a letter directed to you under date of December 12, 1990, from CAG, Inc., also appealing the action of David L. Litke, Director. Further, I was handed a copy of the Special Commissioners' Court Agenda for mattes to be heard on Monday, December 17, 1990, at 10:00 o'clock a.m., and under Article III Executive Session: 3.4, the above captioned matter has been set for executive session. I do not think it is a proper matter for an executive session. Ms. Holmes would also like to be heard in regard to this matter. I have a closing set at 9:30 o'clock a.m. on Monday with attorneys and bankers traveling from San Antonio, which closing has previously been rescheduled numerous times, and I cannot request another rescheduling on such short notice. I have a hearing set before Judge Baskette at 11:00 o'clock a.m. on Monday, and a District Court setting at 1:00 o'clock p.m. I respectfu~ly request that Harris & Monroe, ~.c. Attorneys and Counselors at Law Judge Danny Edwards December 14, 1990 Page 2 the court reschedule the captioned matter, for a public hearing, at a time convenient for all parties involved, with adequate notice. Very truly yours, Lavern D. Harris LDH/ kw cc: Julia Holmes Stan Reid, Assistant County Attorney Gordan Morgan, County Commissioner, Precinct 1 David L. Litke Sam Stewart ..... 9008032 . Comm. Ct. 12.14.90