ORDER NO. 20947 APPROVAL OF GRANTING VARIANCE FOR VERDE PARK ESTATES SECTION III On this the 26th day of blay 1992, upon motion made by Commissioner Lackey, seconded by Commissioner Holekamp, the Court UNANIMOUSLY APPROVED BY A VOTE OF 3-0-0, to grant a variance as per section 9 of Kerr County Road Specifications, that all roads in Verde Park Estates Section III are private roads. COMMISSInNERS' COURT AGtNDA REQUEST (PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THiS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston/Lee C. Voelke~jFFiCE: Road & Brid MEETING DATE: May 26, 1992 TIME PREFERRED: _ SUBJECT: (PLEASE BE SPECIFIC) Consider granting a variance on plat for Verde Park Estates Section III EXECUTIVE SESSION REQUESTED: PLEASE STATE REASON YES NO x "STIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYE: NAME OF PERSON ADDRESSING THE COURT: 15 Minutes Franklin Johnston%I,ee C. Voelkel Tfine for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: * Neetfngs 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 ff adequate inform anon 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 earnest opportunity. See Agenda Request 6uideilnes. MEMORANDUM T'O: Commissioners' Court F12C~E Franklin Johnston, P.E. County Engineer` -_~~___ DATE May 26, 1992 ~~ -- RE Variance to Kerr County Subdivision Rules and Regulations 1. Consider granting variance for private road in Verde Pazk Estates, Section III as described in General Note No. 1 on plat (attached). 2. The only method for allowing private roads in a subdivision is by variance (Section V, Ken County Subdivision Rules and Regulations). Section V VARIANCES The Commissioners' Court may authorize a variance from these regulations when in its opinion, undue hardship wil{ result from requiring strict compliance, and the public interest will be served by granting a variance. In granting a variance, the Court shall prescribed by resolution, the variance granted. The Court shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience -end welfare in the vicinity. No variance shall be granted unless the C rt finds: 5.01 SPEGIAL CIRCUMSTANCES: there are special circumstances or conditions affecting the land invol ;uch that the strict application of the provisions of this Regulation v, deprive the applicant of the reasonable use of his land; and 5.02 NECESSARY TO PRESERVE PROPERTY RIGHTS: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 5.03 PUBLIC HEALTH AND WELFARE: That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 5.04 ORDERLY DIVISION: That the granting of the variance will not have the effect of preventing the orderly subdivision of other 12nd in the area in accordance with the provisions of Article 2702-1, Section 2.401 V.T.C.S. and these rules and regulations. Such findings of the Ccurt together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the Commissioners' Court meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of these rules and regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. Section VI PLAT PROCEDURE The'~Preliminary Conference, Preliminary Plat, and Final Plat approval must be done in a formal meeting of the Commissioners' Court, unless one or more stages are waived or combined by the court. Requests to be placed on the agenda of those meetings must be filed in writing by the developer, prior to said meeting, with the Office of the County Enginee~ The request must set forth the name of the subdivision or orc,verty. ..,u [16hCS-of- [ pert of Che aurfnew oL the .... +,•n.ty oc .r city fo[ wa u w publ lc .,~ -~ ':.nt prlnr ... •cotpcance of Clo a[reetw In al. .w"ts Wort bn inq,tvvwd t¢ comply vl U+ Um ~t••a. :•i,d that tl,e oust of such l~provtoonCS to '. f •. , .. the tl,wn ovuera of the Cc¢cls !n cho 3: day pn rsbn¢lly nppenrtd '1v L+ Rny Irvf ng, '. s~bscr7brd Co cLo lo[tl•,o log Ins crumenis, end `t .or ctw purposes and cons idora[SOn tharoiu day uC _, IY'f2. t~ i L_:z 1- J ;•c! tCR'.'E Da1A YLFR ~'A!tp ,~^ • , a , a,f 1 ~~J ! ti GAD:;,$ LOhO CnOn'D 50. 00' ~ et.L6'2L'u., 36.87' SO. OJ' ~ 5.69•:.0'u., 99.70' SO. CJ' 5.18.02'4., 55.83' -2. 53' 5.22'33 `E., 54.7V' .d. CL' S. LS'4$'f., 19.99' ..-_ pert Iona oL wdd lots andlor trot ca not .ucn ltwm d¢ not yravwnt thw conrtrut Clon uC I+utldlugs un wea/ar ~ s of UtL mLdivLlon. •*M*+l*•k*~t***k*****k******************************************************** -t: • Y * x * GEFIERAL NOTES i * ~ 1 IC is apectElcnl ly understood ,tLat [hest err private roads/s Cree cs and thnc the; h ''` is ~ will bn pn cmanenC Ly malrttalned Ly rho owners of this tubdivlslon. These x !F # YoadsJstreets vlll not La subml tted to Kerr County Eo county maln[enante at this '~ time mud ff these roads/s [roots ore ever cons Sdered to 1[e Publtc Roxds and r ~ considered for ~nlntenauce by Y.err County [hey will have t¢ meet all Kerr County ;t 's Subilivls ion "Rules & P.egulatlou" CLac ace in effect at [he came of request a>:d -< * cl+nc the cost: of surit improvements to d:e streets vLll be Che sole respons!L!'. Sty ~ d[ of Che Chen O': ne CS of Ch± loo Stl U,e SLSd1Y7z1On. _ y ~ 2 l'e rde Paci Es;:.tr;, :etc io:~ Ili is v!'hin the teneer Point lndeyendenc Sci'.uoi y; ~ Lis Cr iCl ~[ . q x .':n purclon cC C!'.im s::hd!:is;:::~ ;!rs vi,;,!n the iDD~ycar C!ood ylatn uC ;he x * C::adaluy¢ River nnJ; cr f;s ;titan+r:es acco: ding to the Flood Laurance Aace Y.ap . "% Eor Y.crr tounty, to::.muni cy~Punci ::o. ~dD•::9 DSODB. F h ~ Trnte Fo. 1 is react !c;~d w;:d ` r ~ -~ t t 'I l /.' ~ ~~~ . 1 '' ~~ ,J~ ~~ r '~ \~ ~~~ '1 ORDER N0. 20947 APPROVAL OF GRANPING VARIANCE ~R VERDE PARK ESTATES SEX`TTIOAI III May 26, 1992 Vol S, Page 624