ORDER NO. c:7685 RF'F'ROVRL. OF VRRIRNCE FOR LOT4:3 c 2 4 RIVER ORKS LODGE SUBDIVISION On this the icth day of R~ag~ast 200c, ~_ipon motion made by Commissioner- Baldwin, seconded by Commissioner Williams the Court ~_~nanimously approved by a vote of 3-0-Q~, to grant a variance to the setback rules for, the exis~tiny home on Lots and 4, River Oaks L.adge S~_ibdivision, awned by Mr•. R Mrs. William B. Petty, Sr'., as reflected on the s~_irvey of s~_~ch lots prepared by Byron R. Wilkinson, Roistered Professional Land S~_irveyor N~_imher 1537, only a variance to tyre setback req~_~iremen'ts contained in the s~.ibd'tvi~sion r~_iles. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. .~ MADE BY: Franklin Johnston P.E. OFFICE: Road & Bridge MEETING DATE: August 12, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider Vaziance Request for existing home on Lots 2 & 4, River Oaks Lodge Subdivision Vol. 4, Page 283 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAMF. OF PF,RSON ADDRF.SSiNG THF, COiJRT: Franklin Johnston. P_F../William Petty, Jr. ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Tit-e 5, Chapter 551 and 552, govermnent Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the eazliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. July 23, 2002 Mr. Frank Johnston County Engineer 4010 San Antonio Highway Kerrville, Texas 78028 Re: Variance Request Dear Mr. Johnston: Pursuant to our telephone conversation on July 18, 2002 and our meeting today, this letter is a request for a variance hearing before the County Commissioner's Court on August 12, 2002. As we have discussed, my wife, Emily and I are purchasing a residence at 2 West River Oaks Lane in the River Oaks Lodge Subdivision located on Highway 39 approximately 3.8 miles west of the junction of Highway 39 and Highway 27 in Ingram, Texas. In the process of purchasing the home, which we have been leasing for several years .-. from Larry Graham, a new survey was completed, and the survey indicates a small encroachment of the house into the road and utility subdivision easement. The encroachment is more than ten feet from the edge of the existing concrete driveway, which provides access to the five houses on West River Oaks Lane, and to my knowledge has existed since the house was built in 1984. Although the encroachment is small and has existed for eighteen years, I am requesting a variance to prevent any potential problems with the out of state lender providing the loan for the purchase of this home. Your cooperation will be appreciated. If you have any questions or need additional information, please call me at (830) 238-3138. Since~re?ly~~~~ William B. Petty, Jr. P.O. Box 705 Hunt, Texas 78024 cc: Mr. Larry Griffin SURVEY PLAT 1.25 ACRES - KERR COUNTY, TEXAS LOTS 2 & 4, RIVER OAKS LODGE SUBDIVISION VQIUME 4, PACE 283, PLATRECORDS LOT 6 LOT 5 in Pond O m O z POINT OF ' _ Scale 1" = 40' w June 11,2002 m "Referehce Bearin Pla( VCI. 4, Pg. 2 3 Plat Records Kerr Ctlunty, Texas i r 1 LOT B I I i f ` ~ 20' Road Intl Utility basemen ~ ` ~ ~` Approx. 50' Witle ®i ~ ~ , , Unrecorded Easemen ~ ~ -. ~ ~ - forS.H.39 ~ I ~~~ `` ~~ _\~ \ ~ LOTA ~"~~~_ ~3g I ereby certify that this survey was made on tNB ground and that this plat correctly represents the facts found at the time of the survey, ahtl that to the best of rrly knowledd0 there are ho visiGe oLerlapping cl improvements, easements of righ(~ of way, obundary tide conflicts, or encroachments except as s/ho~wn hereon. ByrBff R. Wilkinson Registered Professional Land Surveyor No. 1537 P O Box 398 LEGEND • Iron ra0 (frtd) O Iron rod (set) ^ Steel fence post o UO d nail (set) 0 90 d nail (frltl) !-paint mark on concrete -~- Wacd fence - ~- Power line 168.01' I 3 I I I I > > I _ I LOT 4 I I I IC LOT 2 ~ a 1.25 ACRES A Ir I I I I I I I ~ I / ' I 0' Road antl Utility Easement 1 I I I --_ I _ __JI I I LOT 3 ~POint in Pond d e e N I LOT 1 1 I 91 I I 1 I ~~ ~~ i ~~ L6 i ~ - Id Bearin bistance L2 S T'03'60"W 70.79' L3 N 62°19'26" W 55,00' L4 S 75°56'2T' W 23.93' L5 S 63°10'16"W 28.65' L6 S 48°33'36"W 27.08' L7 S 11°48'24"W 53.84' LB S 6°15'6T'W 25.47 L9 N 65° '16'W 13.44' FIELD NOTES " 1.25 ACRES KERB COUNTY, TEXAS Being a 1.25 acre tract of land in Kerr County, Texas, said tract being known as Lot Nos. 2 and 4, River Oaks Lodge Subdivision, as recorded in Volume 4, Page 283, of the Plat Records of Kerr County, Texas, said 1.25 acres being more particularly described by metes and bounds as follows: BEGINNING at a found iron rod in the west line of River Oaks Lodge Subdivision, said point being the common west comer of Lot Nos. 2 and 4; THENCE NO° 18'00"E along the west line of Lot No. 4 a distance of 100.00 feet to a set iron rod for the northwest corner of the herein described tract, said point being the common west corner of Lot Nos. 4 and 6, River Oaks Lodge Subdivision; THENCE S89°42'00"E along the line between Lot Nos. 4 and 6 a distance of 188.61 feet to a point in a pond for the northeast corner of the herein described tract, said point being the common corner of Lot Nos. 3, 4, 5, and 6, River Oaks Lodge Subdivision; THENCE SO°09'00"W passing a point in a pond for the common comer of Lot Nos. 1, 2, 3, and 4, River Oaks Lodge Subdivision at 100.00 feet a total distance of 214.65 feet to a found iron rod in the line between Lot Nos. 1 and 2; THENCE N82°40'06"W along the line between Lot Nos. 1 and 2 a distance of 24.76 feet to a found iron rod in the center of a 20' wide road and utility easement; THENCE S7°03' S0"W along the centerline of said 20' easement and the line between Lot Nos. ]and 2 a distance of 70.79 feet to a found 60d nail in the asphalt pavement for the common corner of Lot Nos. 1, 2, and B, River Oaks Lodge Subdivision; THENCE along the centerline of said 20' easement and the line between Lot Nos. 2 and B from found 60d nail to found 60d nail as follows: N82°19'26"W - 55.00 feet, 875°56'27"W - 23.93 feet, 863° 10' 16"W - 28.65 feet, and 848°33'36"W - 27.08 feet; THENCE continuing along the center of an easement and the line between Lot Nos. 2 and B S11°48'24"W a distance of 53.84 feet to a found 60d nail at the common comer of Lot Nos. 2, A, and B, River Oaks Lodge Subdivision; THENCE wntinuing along the centerline of an easement S6" 15' S7"W a distance of 25.47 feet to a set 60d nail in the north line of an unrecorded easement for S. H. 39 for ~, the most southerly corner of the herein described tract; THENCE N65°09' 16"W along the north line of said unrecorded easement for S. H. 39 a distance of 13.44 feet to a paint mark on concrete at an angle point; THENCE continuing along the north line of said unrecorded easement for S. H. 39 N65°OS' 11"W a distance of 7.94 feet to a found steel fence post for the southwest corner ofthe herein described tract; THENCE NO° 18'00"E along the west line of Lot No. 2 and River Oaks Subdivision a distance of 281.08 feet to the POINT OF BEGINNING. Said tract containing 1.25 acres of land, more or less. These field notes are made from a survey and drawing made under my supervision dated June 11, 2002. t By R. Wilkinson R stered Professional Land Surveyor No. 153'7