ORDER N0.28917
VARIANCES FOR PLAT OF HARTSHORN COUNTRY AND COWART
ADDITION
Came to be heard this the 22nd day of November 2004 with a motion made by
Commissioner Baldwin seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to grant the revision of parts of Lots 4 and 5 and all of Lots 6
and 7 of Hartsorn Country and granting a 50' abandonment of unimproved county
easement on Lots 1 and 2 of the Preliminary Plat of Cowart Addition and set a public
hearing for December 28, 2004 at 10:00 A.M.
~~l/~
COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
~~` TO BE REVIEWED BY THE COURT.
MADE BY: Leonard Odom OFFICE: Road & Bridge
MEETING DATE: __November 22, 2004 TIME PREFERRED: "
SUBJECT: (PLEASE BE SPECIFIC) Consider:
1) Variances for Revision of plat for all of Lots 6 & 7, and parts of Lots 4 & 5 of Hartshorn
Country, Volume 1, Page 6g
2) Abandonment of unimproved County Easement
3) Set Public Hearing
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom/Cowart/Eric Ashley
. STIMATED LENGTH OF PRESENTATION: 10 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEF,:
Time for submitting this request for Court to assure that the matter is posted in accordance with
Title 5, Chapter 551 and 552, government 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 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 Rule Adopted by Commissioners' Court.
5~~~ ~ 0 ~
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Kerr County Road & Bridge
4010 San Antonio Hwy
Kerrville, Texas 78028
TO: COMMISSIONERS COURT
FROM: Truby Hardin
DATE: November 16, 2004
RE: Revision of Plat for Hartshorn Country, Pct. 1
Mr. Cowart came before the Court August 9, 2004, with a concept plan for the Revision of Plat
for all of Lots 6 & 7, and parts if Lots 4 & 5.
In the attached notes the Court agreed it would be advantageous to combine the lots and abandon
the unimproved County easement.
At this time, we ask the Court to consider the following to revise these 41ots into Lots 6R & 7R
of Hartshorn Country:
1) Variance for lot size
2) Variance for lot frontage
,~ 3) Abandonment of 50 ft. unimproved road easement
4) Set a Public Hearing date for December 28, 2004
Th
Cowart variance3
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appreciate you being here. The next item on the agenda is
to consider a concept plan for a plat revision of Hartshorn
Subdivision located in Precinct 1.
MR. JOHNSTON: Good morning. This may sound
familiar. It was on last week`s agenda where we talked
about it and he moved lot lines -- Mr. Dan Cowart wanted to
move some lot lines. Then he called later, said he had
another concept to talk to the Court about where he wanted
to combine two of the lots and make a two-lot subdivision.
Which normally would be a good deal, but in this case, it
involved part of the -- of the county easement as part of
the lot, and made -- it created essentially a flag lot out
of Lot 2. Dan? Yeah, he`s here, if you want to have him
come up and talk about his concept.
COMMISSIONER BALDWIN: Sure.
MR. COWART: Hi. I`m Dan Cowart. I`m here
to discuss the concept plan for plat revision of Hartshorn
Subdivision. And the plat -- I don't know if you have a
copy? Yes, okay.
MR. JOHNSTON: They do. They have that.
MR. COWART: It originally was 8.8 acres on
my original plat when I purchased the property, and then I
had it surveyed by Eric Ashley, and it shows as 8.16 acres,
okay? The county easement on the right-hand side, 50 feet
wide, is approximately 800 feet long. It's been part of
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this 8.8 acres for approximately 50 years, whenever the
Hartshorn Subdivision was first divided. The original
Hartshorn House is what is on -- you see the house with the
circle drive in front of it that's on the front lots? The
existing lot line for Lot 7 is right against the back of the
house, okay? I'm not sure the reason for that. My
assumption is that whenever the subdivision, which consists
of some of James Avery's complex now, and then some homes
back to the north of there, was originally subdivided --
this is the original Hartshorn House, okay? This is where
the Hartshorn family lived. And I believe they just went in
and picked out 8 acres at the back of this subdivision,
because it backs up to Nowlin McBryde`s property. This is
the back of the original Hartshorn Subdivision, okay? And
they just drew out what they wanted and had it surveyed.
That's the only reason I can think of that the lot lines are
the way they are, right against the back of the house like
it is.
Now, the easement, it has a gate and has been
gated for I assume the whole time, because it's grown up
considerably. The easement has trees in it. There are
trees down towards the end of it actually growing in the
middle of the easement. If you didn't have the plat, you
would not know that there was an easement there. I believe
it was originally intended, whenever the subdivision was
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platted, for that easement to be able to be a road to access
Lot 5 and Lot 6, okay? The back of this property. And that
was never done, because it was one piece of property. On
the other hand, I receive four tax statements on this piece
of property. So, that gives you a little bit of history and
information on the piece of property. I hope that helps
out.
Originally proposed to take the back two and
part of two other lots; Lot 4, and then I don't know the lot
back here iri the back, but you can see there's a corner of
it taken in, and take that and divide it into two pieces of
property. And last week I was informed that a county road
-- or a County-approved road with a cul-de-sac would have to
be added onto that easement about halfway back, okay? And,
so, instead of doing that -- I`m not really interested in
doing that and putting in a road, okay? Mainly because of
cost, and it's just -- I don't see it as benefiting --
benefiting this piece of property at all. And so my
proposal now is to go ahead and move the lot line against
the back of the house back, and you can see where I've
written "new line," because it goes to a point where
there's -- that's a little -- I guess a tributary of East
Town Creek that flows right where that lot line is at. And
so the lot line`s in the center of that draw, in that creek
right there, okay? And so it just makes that a convenient
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place to take the lot line to. That's the only reason I
chose that spot.
It also takes in the water well and the
septic by moving it back, which -- where my proposal is.
Where it is now, the water well and the septic for that
house are on Lot 6, okay? And so I want to -- my desire is
to move that back. It'll increase the size of the front lot
to approximately 3 acres. I would have to have a
preliminary plat done on that. The back lot would be
approximately 5 acres, 5-plus acres, and would just be
one -- one lot -- one piece of property, excuse me. My
proposal is that the easement on the right-hand side from
the back of the front lot there, which is Lot 7, from that
point forward be part of the rear lot as a private driveway
coming off of Avery Road, just like the circle driveway
does, just past it there, a driveway accessing the back
5-acre lot.
COMMISSIONER BALDWIN: Dan?
MR. COWART: I believe that's all.
COMMISSIONER BALDWIN: Yeah. You -- you
covered every bit of it except who your neighbors were and
where their kids go to school. But --
MR. COWART: Well, okay. This --
COMMISSIONER BALDWIN: No, no. I want to do
exactly what you're saying that you want to do, but I want
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to add one other item. I really think that it would be best
for the future recordkeeping of Kerr County if we officially
abandoned that easement.
MR. COWART: Right.
COMMISSIONER BALDWIN: But, yes, include it
in this back piece of property. And we can call it flag
lots; we can call it anything we want to, but I -- I think
it's the only way that you can use your property, and use it
properly, the way you want to. I agree with you, except
when you come back in, I'd like to see us abandon that
officially.
MR. COWART: Okay.
COMMISSIONER BALDWIN: As any -- get all the
county ties and government ties out of it.
MR. COWART: Okay.
COMMISSIONER LETZ: Question I have is, the
new lot line on the back of Lot 7, is that far enough away
from the well to meet the requirements in our Subdivision
Rules, Franklin?
MR. JOHNSTON: The setback rule?
COMMISSIONER LETZ: Setback rule. That's my
only comment. We need to make sure that if we're going to
redraw the line, let's draw it --
MR. JOHNSTON: Definitely, the center
easement will be in the back lot. At least half of it will
8-9-09
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1 be. Just -- it's just over the line, looks like. I don't
2 know if this --
3 COMMISSIONER LETZ: It's hard to tell the
4 scale.
5 MR. JOHNSTON: Hard to tell. Right on the
6 line.
7 MR. COWART: I'm not sure what that number
8 is.
9 COMMISSIONER LETZ: Yeah. I mean, I think
10 the -- concept-wise, I --
11 MR. JOHNSTON: There is a definite setback.
12 COMMISSIONER LETZ: The -- concept-wise, I
13 think it's a good idea. Just makes sense. We're reducing
'~` 14 the number of lots. It's a lot cleaner, gets the County out
15 of the whole mess. But I think wherever that line is drawn,
16 it needs to be drawn at a point that it meets the setback
17 requirements for both the septic and the well.
18 MR. JOHNSTON: There's no rule to have a
19 straight line. He can make it go around the well and have
20 the proper setback.
21 COMMISSIONER LETZ: Right.
22 MR. COWART: Right now, where I have the
23 preliminary line, you know, I've walked back and measured,
24 okay? It's -- I've left enough road for -- if there's ever
25 any well work that needs to be done, that a truck -- a well
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truck is able to access it from all four sides. It's
about -- I want to say 30 feet, approximately, back from the
well to the proposed property line, and for that very
reason. I didn't think of the county setback, but just that
if you have to do work on the well, you being able to access
it.
COMMISSIONER LETZ: Right. The setback --
I'm not even sure what it is for a well, Franklin, but
it's --
MR. JOHNSTON: I don't recall that exact
number. The sanitary easement's 150 foot.
COMMISSIONER LETZ: But it's not going to
change anything that much. And it can be a little bit of an
irregular line. But, might as well; otherwise, we'll have
to do a waiver at the same time.
COMMISSIONER NICHOLSON: My recollection is
that the setbacks would apply to Lot 6, not to Lot 7. If
Lot 6 did any septic work, they'd have to be that 150 feet
from the --
MR. JOHNSTON: Outside.
COMMISSIONER LETZ: I thin}: we could
grandfather it, but it's just cleaner to -- you know, to
give the setback from both sides if you can. Other than
that, looks good.
COMMISSIONER WILLIAMS: I have a question,
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just to be clear, make sure I understand. Just the blue
shaded area, is that what the Commissioner is referring to
to be abandoned, or only a part of that?
MR. COWART: No, that is correct. And at
this time, the fence line runs on the right-hand side of
that property to the right of that blue line, okay? That's
the existing and the original fence line.
COMMISSIONER WILLIAMS: Mm-hmm.
MR. COWART: And so -- I guess that's
correct.
COMMISSIONER WILLIAMS: What is the access to
the existing Lot 5, then -- or 6?
COMMISSIONER BALDWIN: Anywhere he wants it.
We'll abandon this, and then he'll build a driveway.
COMMISSIONER WILLIAMS: Oh, okay.
MR. COWART: In the same place, yes.
MR. JOHNSTON: Part of his plat revision will
be a variance for the frontage requirement.
COMMISSIONER LETZ: Yeah, be a variance on
the frontage requirement.
JUDGE TINLEY: And that part of the land
would actually be owned by whoever becomes the owner of the
property there.
COMMISSIONER WILLIAMS: Right.
MR. JOHNSTON: Abandon that blue part, all --
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actually, all -- I think it goes back further than that, but
all the part that's showing there will be abandoned. Just
the blue part.
COMMISSIONER BALDWIN: We need a motion?
COMMISSIONER LETZ: No, we really don't need
an order.
MR. JOHNSTON: Not until the preliminary
comes in.
COMMISSIONER BALDWIN: By way of commercial,
if any of you guys like wood and woodwork, go by and see his
place. He has some -- there on Harper Road. What's the
name of your thing?
MR. COWART: T.G.W. Hardwoods and Molding.
COMMISSIONER BALDWIN: Incredible doors and
cabinets, and, I mean, incredibly beautiful wood. Go by
there sometime.
MR. COWART: Thank you, Buster. Appreciate
it.
COMMISSIONER BALDWIN: Send my check.
MR. COWART: Thank you, gentlemen.
COMMISSIUNER BALDWIN: See you.
JUDGE TINLEY: Okay. Anything further on
that item from anyone? Let's move on to the next one.
Consider extension for preliminary plat of The Horizon,
Section 2, Subdivision that expired July 14th of this year,
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1 being located in Precinct 1.
2 MR. JOHNSTON: I think y'all recall Horizon,
3 Section 2, is the front part as you enter from Sheppard Rees
4 through the big gate on top of the hill, where we enter
5 our -- our Sheppard Rees project. According to Charles
6 Domingues' letter, they were just delayed due to weather
7 earlier this year, and they don't -- they're not ready for
8 the final plat yet. The final plat -- the preliminary plat
9 expired in July. They're applying for an extension.
10 COMMISSIONER BALDWIN: How long of an
11 extension would it be? Nine --
12 MR. JOHNSTON: Six months.
13 COMMISSIONER BALDWIN: Six months?
14 MR. CURTIS: Six months.
15 COMMISSIONER BALDWIN: I think that we should
16 do this so these guys can -- these people can move on with
17 their business. Historically -- and I don't know if it's in
18 the rules or not, but historically, we have -- when we've
19 given an extension, we give one extension. So, it's -- on
20 this particular item, I'm willing to approve, but I will not
21 do it again next year. They either get it done or come
22 back, start through the entire process again. I move
23 approval of Item 5.
24 COMMISSIONER WILLIAMS: Second.
25 JUDGE TINLEY: Motion made and seconded for
8-9-04
PRELIMINARY PLA T
CO WAR T ADDITION
(TRUE NORTH)
SCALE 1 "= f 00' BEING ALL OF A CERTAIN 8.9 ACRE, MORE
,, MEUL ~,,~ Pow, ,,,~~„ OR LESS, TRACT OR PARCEL OF LAND OUT OF
POINT BEARS APPROx. isle Fr THE B. CHISOLM SURVEY N0. 1350, ABSTRACT
N 13' W FROM THE S.E
CORNER OF SURVEY N0. 1330 N0. 655, KERR COUNTY, TEXAS, COMPRISING
ALL OF SITES 6 AND 7, PART OF SITES 4 AND
DEER HAVE/~RANCHETTES ~+ 5, AND PART OF THE ADJOINING RIGHT-OF-WAY
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