Travis County Commissioners Court
October 16, 2007
Item 1
Item no. One is a public hearing to receive comments regarding a plat for recording in precinct two: resubdivision of part of lots 9 and 11, block 5, pamela heights subdivision one total lot.
>> move to open the public hearing.
>> second.
>> all in favor? That passes by unanimous vote.
>> good morning, joe gieselman and anna bolin from the trption natural resources department, transportation natural resources department. You may be familiar with the subdivision pamela heights on interstate highway 35 in Austin and Round Rock. It's an old subdivision, probably platted prior to the time that the county had any development regulations. But as a result some of the lots are illegal lots because they were not created correctly. This subdivision, this resubdivision will create one lot out of pieces of two other lots. 40-foot sliver of one lot, a 20-foot sliver, combine the two. In the process of going to, it will make that portion a legal lot. But the remainder of the -- what lots that came from will still remain illegal. The owners of those remaining parcels want to become legal and they are not inquiring about how to go through that process. But that's -- that doesn't have any bearing necessarily on this one individual who wants to become a legal lot. The only way they can get a development permit from the county is by having a legal lot. So this opener is doing it -- owner is doing it correctly. They are asking for variance for the sidewalks. This particular subdivision is a ruler subdivision because it was platted so many years ago. Bar ditches on either side of the roadways, there are no sidewalks in the decision whatsoever. To build this one sidewalk just in front of this one lot would not make any sense so we would recommend a variance on that. The other issues have to do with the deed restrictions of the subdivision. There are deed restrictions that stipulate that the land use issue should only be single family residential. We understand that the use of this particular lot will be for storage of -- of used cars. And -- and it's not -- not necessarily an uncommon land use in this subdivision. There are other land uses similar to this in the subdivision. We have viewed as a county that the issue of private restriction, deed restrictions are those, a civil matter between the openers within the subdivision. But we did want to alert you to that particular issue. It's a land use issue, of course, the county has no zoning authority so we can't necessarily say what owners can and cannot do with their private land. So the purpose of today's hearing is to have a -- a public comment with regard to the proposed resubdivision. And I think the issues that I laid out are what we are aware of.
>> any objections called to our attention?
>> only --
>> no. There were questions from the neighbors as to what was going on, but other than that no.
>> we told them that to enforce the deed restriction, it would be left up to them and not county?
>> absolutely. In addition this plat is a title 30 plat, so title 30 ties back to 212 of the local government code which does for the have the same language in it that 232 has with regards to deed restrictions.
>> that deed restriction conclusion that you gave us is yours as well as the county attorney's office?
>> yes, we consulted two county attorneys.
>> that's going above and beyond the call of duty.
>> would anyone like to give testimony during this public hearing? Item no. 1.
>> move to close the public hearing.
>> all in favor?
>> that passes by unanimous vote. This will be action item no. 5 on today's agenda.
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Last Modified:
Wednesday, October 17, 2007, 18:30 AM