Travis County Commissioners Court

May 22, 2012 - Item 1
Agenda

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Item number 1 is a public hearing to receive comments regarding a request to authorize the filing of an instrument to vacate the drainage easement portion of the five-foot-wide public utility and drainage easements located along the side and rear lot lines of lot 8, block d of kingsberry park, section 1 in precinct 1.

>> move the public hearing be open.

>> second.

>> all in favor?
that carries unanimously.

>> good morning, anna bolin and steve manila, Travis County t.n.r.
the purpose of this item is to vacate a five-foot -- vacate a d.u.e.
along the rear lot line of lot 8, lot z in kingsberry park, section 1.
this easement was dedicated -- am I doing that?
this easement was dedicated by plat on the original plat.
it was in a plat note, and the applicant's engineer stated that this drainage easement was just a paper easement and not really functional so no negative impacts would occur if the easement was vacated.
our engineers at t.n.r.
agreed.
now, there's a reason for this item and that is there is a failed septic system on this lot.
there was a complaint that originated back in March of 2010 and ultimately t.n.r.
referred to case over to the county attorney's office.
the property owner has taken some steps towards voluntary compliance as per our enforcement policy, such as using pump and haul, utilizing a port-a-potty and hiring a septic designer and applying for a new septic permit for a legal septic system.
in light of these steps, the county attorney hasn't pursued any formal actions and we continue to work with the owner to gain voluntary compliance.
that being said, there -- we continue and have continued to receive complaints from the neighbors about issues in this area.
so where we are today is the applicant has hired a septic design and applied for a permit for a legal system.
current state law and Travis County septic code requires a 10-foot setback from drainage easements and the drain field for the septic unit.
when the design is finalized, we may find we still have to come back for a variance to make the septic work.
but it would be impossible to meet the setback requirements wve to come back, we'll be able to recommend the variance because they will have taken all the actions that they could and they will be further from a drainage easement.
but we don't know if we'll have to take that step yet because we don't have a finalized design.
t.n.r.
recommends this motion or this item, but I do believe there's some people here that would like to speak to it.

>> okay.
court members, any questions?
now, we are on item number 1.
if you would like to give comments, please come forward at this time.
three of you.
three seats available.
and if you would give us your name, we would be happy to get your comments.

>> good morning.

>> good morning.

>> my name is viola gonzales and I live at 20708 live oak lane, right next door to the address that is in question about the septic system.
this problem did not just start in 2010.
I've been dealing with it for like maybe four to five years.
the house was just recently built.
how they built a house that big in such a small property without upgrading the septic system first is beyond me.

>> zero permit.

>> no permits to build.
there was a very small trailer house.
all the water from their septic system is running into my property.
every bit of it.
I have a handicapped brother at my house and he's getting affected from all of that.
I don't know how toxic it is because they are trying to run a line from there, which I don't believe that they should be able to do that.

>> so are you against the easement, ma'am, or --

>> yes, I am against it.

>> okay, our people are saying there's no way to fix this septic problem without the easement.

>> well, the problem is that they are trying to accommodate not only the big house that they built recently, and moved in another travel trailer.
yes, they do have a potty porter but I don't believe they are using it.
I'm there 24 hours a day.
I've seen the truck come in like maybe once every three months for all the people that are living there.

>> okay.
yes, sir, in the blue top.

>> I'm on lot 7.

>> and your name, please?

>> my name is gerald scott wills.
and this problem has been going on for years.
they built a house with zero permits.
they built a salon and on our plats or on our -- when we bought our properties, it is not built for commercial, it's built for residential only.
they've built a hair salon.
me and my sister has called in when they built the house because they had no permit.
we've called in when they built the hair salon and no permits.
now they are -- you know, the sewer has been running back there.
the reason why their septic field failed is because he drove a dump truck, they put backhoes, excavators on top of their drain field is why it's crushed.
you know.

>> is there a homeowners association or any neighborhood association?

>> no.
this is kingsberry park, there is no homeowners --

>> there's no covenants?

>> there was when I first moved in '91 but the lady passed away I think in '98, I think, and that just like disappeared.

>> but it is in the deed and title work.

>> we'll get to you in just a minute, sir.
are you done, mr. Wills?

>> yeah.

>> your name.

>> wayne bar net, 20705 live oak lane.

>> yes, sir.

>> there are restrictions in our deed and title paperwork that prohibit operating a business from the property.
it also constricts what type of animals may be housed on the lots and the property in kingsberry.
so those people are in violation operating that business.
my -- I do object to the variance and the easement.
why -- and my question is why are we here when this has been going on and discussed for years.
why are the -- why do the people build and construct permanent buildings before getting any permits when all of us put our homes out there, we had to have permits.
we had to have inspections.
all the paperwork had to be cleared through the county and was duly done so legally.
these people have illegally built property.
put a business on the property.
they've stated the business was not operating and we have all seen business being conducted in that hair salon.
there is a neon sign that says "open" that stays open on practically 24 hours a day every day.
and the people have no respect.
Travis County sheriff's department has numerous complaints of the disrespect and disregard of the neighborhood by these people.
and music and blocking the highway.
I work out of state --

>> we're kind of limited to a discussion of this item.

>> pardon?

>> we're sort of limited to a discussion of this item by law, the drainage easement.
but you are against it because?

>> I'm against it because they have -- they he will illegally constructed property and now they are wanting everybody to make their illegal actions legal.
and there's -- I have a problem.

>> okay.
so the current septic situation is unacceptable.

>> correct.

>> I'm having a hard time understanding if the easement will allow an opportunity for a permanent solution, we don't go ahead and bless that and then if there's not a permanent solution that way, we have to enforce whatever is necessary for a permanent solution, right?

>> yes, sir.

>> is that what I heard staff say?

>> yes, sir.

>> so how do you address that?

>> my question is why are we addressing that now.
why wasn't it addressed five years ago.

>> that's a good question.
why we weren't five years ago, why are we headage d.a.?

>> we're here today because we're at the place where we have a -- we have a permit that we're reviewing that isn't finalized, but we are trying to gain compliance on this.
and I have thomas castle here from our enforcement group.
I notice that we've been working on this a long time and I agree with the neighbors that it's been going on a long time.
thomas, can you speak a little bit to what's gone on?

>> this failing system was initially drawn to our attention -- I'm sorry, this failing system was drawn initially to our attention in 2010.
as it stands now, the salon, either way the salon is disconnected from the water and the septic.
the salon can never be connected to the septic.
it is a hazardous material disposal into a residential septic system.
it has to be in a holding tank and pumped and hauled for it.

>> my question is since that septic system is not connected, where is that water running into?
it is running into my property right now.

>> okay.
the salon has no water to it.
my inspectors have inspected it.

>> if they are pre-warned you are coming over, they certainly turn it off.
I can tell you that much.

>> I've seen people come out of there all the time, she dyes people's hair.
that's a full-blown business.
I watched a guy walk out of there last night with his hair cut.

>> as I say, my inspectors have been out there.
they've checked the water in the salon, which is a separate building there.
they found no water to it and the drain line from it at the time they checked it was disconnected.
the salon never will be allowed to be constructed where it's put into her residential septic system which is the only way we can get a functioning system in there, a legal system, is to vacate the easement.

>> I don't -- I don't feel like we should have to vacate an easement to accommodate their business.
they are not even commercial zoned.

>> okay.
who else is here on this item?
thank you all very much.
now, explain to me the nature of the easement.

>> the vacation of this easement is -- is --

>> the easement is what?

>> well, the easement is -- we're vacating the drainage easement portion of this -- of this drainage easement/public utility easement that was put on per plat note at the lot line.
it's not uncommon to see on plats a note that says a drainage easement for public utility easement along the common lot lines.
what we're looking to do is vacate the drainage easement portion so that a finalized design will not -- will have more separation from a drainage easement and the drain field of the septic system.
current state law requires a 10-foot separation.
that state law hasn't always been that way and might possibly be changing later this year.
but for right now there is a 10-foot separation required between a drainage easement and a septic drain field.

>> so the backup said this is a paper easement, but I guess in reality it's not used as an easement.

>> it's part of a -- in the older plats, easements like this were placed on them, a blanket easement is what they were called.
the note said all property lines will have xyz type along a property line.
even if this wasn't an issue for these folks, this guy could come to say and hey, could I get the drainage easement taken off my property.
it's not being used for drainage purposes and we would probably agree with.
that that's true of a lot of subdivisions that have blanket easements on them.
so it could be vacated even if this wasn't an issue.

>> if we don't vacate the easement, what happens?

>> then he will not be able to build a legal septic system because we have setback requirements from drainage easements.
he will be encroaching within that setback zone.
by vacating it, it allows them to have a better chance of putting in a legal septic system.
we don't know for sure whether that by itself will do it, but it has to be done.

>> but he has a professional engineer.

>> yes, sir.

>> and we have communicated with that person.

>> yes, sir.
we are waiting an updated design, but we have been working with a professional septic designer to work on a solution.

>> and what do we do if this easement does not result in granting of the vacation of the easement does not enable us to really permanently fix the problem?

>> we may -- we may have -- we may have to come back with a variance, as we've done before on septic systems, but before we would recommend a variance to Commissioners court, we would want to be in a situation where they've taken all remedies possible to try to fix the situation.
and this drainage easement vacation request is one of the remedies that we would look for them to have done.

>> now, I would add that maybe the folks don't know about, but these guys, this was turned over to the county attorneys for pursuit, for pursuit of enforcement.
but because they have been making incremental steps towards making it legal, that's kind of on the back burner right now.
give the person an opportunity to make their system legal and they are working towards that.

>> so it is in the county attorney's office now?
it has been reviewed?

>> it has been --

>> am I hearing what I'm hearing?

>> it has been at the county attorney's office, but as our policy is for voluntary compliance and try to get the person to voluntarily comply with our regulations, since they've been making incremental steps towards that, we haven't taken additional action through the county attorney's office.

>> okay.

>> I have a couple of questions.
did the house and the salon require building permits?

>> yes.

>> did they obtain building permits for those two structures?
you don't believe they did.

>> no, ma'am, I do not believe they did.
in fact, I know the salon did not.

>> what remedies have we pursued with regard to the -- to the nonpermitted structures?

>> they will have to get -- a development permit will be in with the permit to construct the osf system.
there will be basically two permits issued.

>> can you speak up a little bit.
speak into the mic.
that really would help.

>> I'm sorry.
there will have to be a development permit issued for just a general development permit and it will be issued with the osf system construction permit.

>> and when we look at the permitting, do we take into consideration -- and I suppose actually this is question for the county attorney's office.
now, I know this would be a retroactive permitting, but in a standard sense, do we look at the deed restrictions and take them into consideration when we are considering a building permit?

>> I haven't looked at this particular instance and I would probably have to talk to some folks in my office who have been dealing with this particular case to be able to answer your question and talk with staff also, but we can discuss it further in executive session if you would like.

>> that would be great.
and then one other question I had, with regard to the retroactive permitting, what remedies, if any -- asuppose not remedies, but what enforcement do we do after the fact, after a permit has been given, the septic comes into compliance, and I suppose this is an executive session issue, what happens when we give the permit based on an assumption of facts and then afterward the septic system and the buildings are used in ways other than what was purported at the time of permitting?

>> well, a lot of our inspection and enforcement is complaint driven.
however, there are some -- you know, we do check on some projects, we try to check on all projects, but given our staffing, a lot of our inspection and enforcement could be construed as complaint driven.

>> thanks.

>> so am I hearing you say that before we issue a septic system permit, we would require a development permit for the construction of the home?

>> we would be looking to issue both of those at the same time so we don't have a septic permit out there before a development permit and we don't have a developmentment permit before a septic permit.

>> so for the residents, our goal is to deal with both of those issues at one time.

>> yes, sir.

>> Commissioner Davis.

>> yes, judge, and we've heard a lot of circumstantial information.
we've heard different testimony on what has transpired for a number of years.
unfortunately, things do have a way of coming here in situations where you do hear complaints.
and I'm glad that the community have brought

>> [inaudible] so we can look into this I think very thoroughly and make sure we do the right thing.
my concern though was when I heard one gentleman did speak of a restrictive covenant.
then he mentioned about a person passing on that had something to do with some of the out lay of the restrictions in that area.
I want to make sure whatever we heard today, staff work directly, get the names of these individuals that came here today, telephone numbers, contact information, anything we have necessary that's available to us today, get that information and I would like to see that all these particular concerns are met across board,

>> [inaudible] to ensure that they are heard and we come up with a resolution on this particular situation.
but again, there may be some things that, judge, we may have to take into executive session if I'm hearing some things right from the county attorney to let them kind of digest some stuff here on this particular item.
but again I want to make sure and I'd like to say this one more time that the folks that have come here today, make sure you get their names, telephone numbers and we're going to exchange information so we can come to the bottom of this.
all right.
thank you.

>> okay, so the action item is 22.
we'll take it into executive session.
that will be this afternoon.
move the public hearing be closed.

>> second.

>> all in favor?
that passes by unanimous vote.
thank you all very much.
we will -- if you let staff know how to contact you, we can let you know what happens on this item this afternoon, if anything.

>> thank you.

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