ORDER NO. 20788
APPROVAL OF REQUEST FOR VARIANCE TO
RECORDED SUBDIVISION RULES AND
REGULATIONS OF KERR COUI3TY FOR LOTS
126 AND 127 OF NORTHWEST HILLS
On this the 10th day of February 1992, upon motion made by Commissioner
Holekamp, seconded by Commissioner Morgan, the Court UNANITZUUSLY
APPROVED BY A VOTE OF 4-0-0, to approve the variance from replatting,
variance of notification and variance from certain released easements
for both lots 126 and 127 of Northwest Hills Official Plat.
. (7'Wl.rl
COMMISSIONERS' COURT AGENDA REQUEST
*P_ EASE FURNISH ONE OR I G i NAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY:
MEETING DATE: ~ /0 92-
SUBJECT: (PL ASE BE SPECIFIC) .~
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OFFICE:
TIME PREFERRED: /O: 36
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EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON '
ESTIMATED LENGTH OF PRESENTATION: ~S ~~''~~~~
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT: ~~-/~' `~ e5
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 1s 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: -
THIS REQUEST RECEIVED ON : ~
All Agenda Requests will be screened by the County Judge's Office to determine 1f
adequate lntormatlon'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.
Guadalupe Survey Company
Guadalupe Wastewater Company
313 B Mill Run Road . Kerrville, Texas 78028
Phone: 512-895-1808. FAX 512-895-3539
February 5, 1992
Kerr County Commissioners Court
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
RE: Request for a variance to section 5.02(k) of the Rules of Rerr
County, Texas for Private Sewage Facilities.
Gentlemen,
Todd and Cathy Viola are owners of Lots 126 and 127 of Northwest
Hills, an official subdivision approved by Commissioners Court in June
of 1983 and recorded in Volume 5, Page 30 of the Kerr County Plat
Records. Each lot is rather small ( approx. 15,000 s.f., see pages 2
and 3 ) and the house proposed is rather large ( the first floor is
over 3000 sq. ft. including the front and rear porches ). The site is
very rocky and therefore pretreatment of the wastewater is necessary
and a large disposal area is also needed for either subsurface or
surface discharge. The minimum disposal area required is approximately
4500 square feet, however, when we place the house on Lot 127 ( the
larger of the two lots ) and when we observe all the set back
requirements to property lines, utility easements and structures, we
are left with only about 2600 square feet for disposal area.
With these facts in mind, we realized that we must use both lots as
one building site and that the best place for the house would be in
the center of the two lots. By plat, 10 foot wide utility easements
were created around the perimeter of each lot. We are in the process
of securing releases for the easements along the common lot line of
the two tracts from the four utility companies serving this
subdivision. We hope to have executed releases in hand for the meeting
an i~tonday, February 10th. In addition, we hope to have letters from
both the developer (declarant) and the home owners association
expressing no objection to our proposal. With the house situated on
the two lots and considering the size of the lots and the fact that so
much of Lot 126 is encumbered by a sanitary sewage control easement,
it is easy to see why neither lot could be sold separately in future.
We do not wish to replat the lots due to the time and expense involved
in this process. The contractor, Rhodes Construction, is ready to
begin construction now, however, the notification process for
replatting takes 30 days after the replat has been submitted, reviewed
and placed on the agenda. This subdivision contains 142 lots which
will mean a great expense, approximately $700 for certified letters to
all land owners. In addition, the cost to replat the lots including
surveyors fees and county review and filing fees are around $1200.
Page 1-A
We feel the strict enforcement and interpretation of section 5.02(k)
of the above referenced rules are a hardship to-the homeowner and that
our proposal is in harmony with this development. We are not creating
new lots merely combining two lots into one building site, reducing
the density of the subdivision and creating a site that complys with
the disposal area requirements of this county for private sewage
facilities. Mr. and Mrs. Viola are not developers, but property owners
that wish to build one single family residence.
We request a variance to section 5.02 (k) at this time and if all the
releases from the various utility companies are not in at the time of
the meeting, we request a variance contingent upon securing the
remaining releases.
C aules Digges fo
Guadalupe Wastewater Company
Kerr County Designer No. 73
State Installer No. 261
Page 1-B
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