Item No. c.6 Consider and discuss exemption from building set-back for- Lot 12 or' Nor-1;hwest Hillsr Vol 5 F'age 13 and Replat Vol S, F'age C~ of the Kerr Ca~anty Subdivision Records as approved by Northwest Hills Ar^chitectual Committee. (County Engineer) Discussion Only. Commissioner^s' Court passed on this item. COMMISSIONERS' COURT AGENDA REQUEST * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND _ DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston, P.E._ OFFICE: Road & Bridge Department MEETING DATE: October 27. 1997 TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Consider exemption from building set-back for Lot 12 of Northwest Hills Vol 5 Page 13 and Replat Vol 5 Page 30 of the Kerr County Subdivision Records as approved by NW Hills Architectual Committee EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: Consider exemption from building set back ESTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E. Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 & 552 of the Government Code is as follows. Meetings held on first Monday: 5:00 P. M. previous Tuesday Meetings held on Thursdays: 5:00 P. M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judges Office to determine if adequate information has been prepared for the „~ourt's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your Guest being addressed at the earliest opportunity See Agenda Request Guidelines. NORTHWEST HILLS SUBDIVISION ARCHITECTURAL CONTROL COMMITTEE May 16, 1997 Norman & lane Cotter /~ ~ R~va~2 P.414~< DR, Z'NG-R A~'~l . 1"k . 7 flog S SUBJECT: Review of site and structure plans for Lot, Street and Phase, Northwest Hills Subdivision The Architectural Control Committee (ACC) recently met for the purpose of reviewing the subject plans and their compliance with the building and site requirements set forth in the Northwest Hills Subdivision Covenants, Conditions and Restrictions. The following areas were reviewed for compliance. Comments are offered where appropriate: a. Dwelling size - The total habitable floor space planned for your structure (exclusive of porches and the garage) meets the minimum 1600 square feet requirement and is approved. The total square footage in this category is listed in the drawings as 3500 square feet. b. Exterior/outside wall construction - Referencing the drawing and construction specifications, the exterior/outside walls meet the minimum 60% stone or brick construction requirement, and the 60% brick or stone construction for the front elevation requirement, and is approved. The required specifications and those listed in the drawings are as follows; (1) Attached garage will be 100% rock on the front. The sides and back to meet 100% brick, stone, or stucco, is approved. c. Set back restric proposed dwelling will (1) The set-back right-of-way variance of to fe 25 feet. dons - The site plan indicates the be located on Lot 112. requirement from the front street of 35 feet and -has been granted a 9t. making the front street set-back (2) The two side line set-back requirements, 10 feet each, and the back line set-back requirement of 25 feet, are also met and approved. Note, that no projection of ahy part of any building shall be permitted to extend or encroach upon the space between said building or set-back line and the lot line. d, ehvsical lot(s) description - The physical description of the building lot(s), as used herein, including size and location, is based solely on plat records recorded with the Kerr County Clerk's Office, Kerrville, Texas. The recorded plat establishes the location of property stakes/pins. It is your responsibility to verify that the physical location of these stakes are in fact properly located on the building site, The ACC recommends that Your builder be made aware of these locations through all phases of construction. As noted in the following subparagraphs (i and 1), You (or your authorized agent) can be held responsible for damage caused on any lots not owned by you. e. pwellina appearance and site location - The proposed structure is in harmony in areas involving external design, appearance and site location, in relation to the surrounding topography and other home sites and is approved. If there are any changes to the specifications noted in subparagraphs a through e, please notify the Committee so that appropriate reviewing actions can again be taken. The following is provided for general information: f. External home attachments and free standina structures: (1) General tYPe structures - No additional permanent (or semi-permanent) attachments or free-standing structures of any kind or character shall be made to the outside roof or walls or to the adjacent owned property area, and which was not included in the initial home plans, until written request is first submitted to and approved by the Committee. This category includes, but is not limited to, decking (covered or uncovered), gaxebos,trellises, hot tubs, garages (or any similar style building) and all types of extended solid walls or fencing (masonry, metal, split-rail, etc.). (2) Antenna svstems - Except for cable television hookups, please contact the ACC prior to selecting and ^ installing anY external (outside) television or radio antenna systems. There are many sYStems on the market which are available locally and which are compact in size and have a low (height) profile. The HOA desires to preclude the "antenna farm" look within the subdivision. (3) LP Gas - Must conform to all state and local laws. The tank must be located in the rear of the primary residential building and generally not visiable from the street. If that location is not available because of refill requirements, the tank must be surrounded on (3) three sides by a wall constructed of buildins materials compatible with the primary house structure and therefore out of direct sight of the street. g. Storage of recreational vehicles and other similar devices - In part, the CC&R's (Article VII) provide that items such as planes, trailer (all types), boats, campers and abandoned cars and trucks shall be parked (off-street) in garages or by such other means or in such other location that will completely conceal them from view from the adjacent street(s). Planned storage facilities or systems ^ of this nature must also be submitted to the Committee for review and approval. h. External night lights - To avoid unreasonable annoyance or nuisance to other Owners, any outside lighting of the "dusk-to-dawn" variety (automatically turns on and off) must be approved by the Committee. Areas of concern include light location in relation to neighboring homes and brightness. i. Construction techniques/methodologies - Because of the heavy rock surfaces and subsurfaces existing throughout the Northwest Hills Subdivision, Che use of extraordinary techniques and/or equipment have often been used during the excavation/grading process. On occasion, one of the techniques employed involved usins explosive devices and/or materials. Oue to the higher density of homes now existing throughout the subdivision, and the liability that would occur if property is damages, the Committee does not recommend using explosives during any phase of construction. j. Lot drainage and maintenance (1) Building site lot(s) - During the construction process and when completed, the grade of Lot(s) ~~ shall not have been changed (by channeling, filling, ^ grading, or excavating) to a degree that would adversely alter the natural water drainage/run-off or seepage in a manner that could cause property damage to '"~ an adjacent or nearby lot(s) and/or the public road way(s) . This requirement also applies to any landscaping that would extensively change the lot(s) grading profile. (2) Ad.iacent or nearby lot(s) - You cannot physically alter the grade or profile of any lot(s) (not owned by You), without that owners consent, for the purpose of resolving a water drainage/run-off problem on the building site. This category includes, but is not limited to, the movement of soil or rocks, tree removal or branch trimming, and the removal or destruction of plant life (i.e., cacti, bushes, wild flowers, etc.). (3) Cleaning of building site lots prior construction - No materials of any type or limbs, general trash, debris, large other unsightly materials shall be a removed to any adjoining or adjacent lot Lot in the Northwest Hills Subdivision. to and during such as trees rocks or any llowed to be or any other (4) Construction equipment operation - Do not allow Your building contractor, or any other parson, to operate construction equipment of any type on an ~^ adjacent or nearby lot(s), for any purpose. k. Construction completion time frame - The building construction approved herein must commence within six months from the date of this Letter. Also, construction must be completed six months of commencement of construction. 1. Access to building site during construction - To avoid possible damage (and liability) to adjoinins lots (not owned by you) during any phase of construction, access by vehicles and/or construction equipment to the building lot must be made directly of lot 112. As noted in subparagraph j.~, avoid any operation of equipment on an adjoining or nearby lot(s), now owned by you. m. Occupancy - In no event shall any residential dwelling be occupied until it has been fully completed in accordance with the plans approved by the ACC. The process also includes the final removal of all residual construction materials (i.e., wood, brick, stone, excavated soil, vegetation, etc.). The movement of construction materials to any NW Hills Subdivision lot(s), even with the lot owners approval, does not satisfy this requirement- No trailer, tent or other similar type structure shall at any time be used as a temporary residence. For safety purposes and as a courtesy to the residents of -- the subdivision, the Committee requests that: n. Fire hazards - Cleared cedars and other vegetation be disposed of in a timely manner. Because of the high fire risk in the Northwest Hills Subdivision, the ACC does not recommend burning large quantities of material as a method of removal. o. Toilet facilities - A portable toilet be placed on the building site prior to start of construction. p. Trash bin - A covered trash bin be used on the site to prevent building debris, lunch bags, cans, etc., from littering other residents property. The members of the ACC, on behalf of the Homeowners Association approve the house and plot plans. We welcome you as our new neighbors to Northwest Hills. If we can be of further assistance, please contact the Committee Chairman or any of the other members. Yours truly, Northwest Hills Architectural Control Committee Chairman Glen Sox 210-896-1849 GB/bb