Tuesday, October 15, 2019

Cool Front, Calendar, BOA and a Little More!

*****Weather*****

Get ready, it's going to cool off again - front expected tonight!  Hopefully a little rain along with it.  I love the cooler days - but I'm not excited with the shorter days.  Getting dark too early! Here's a link to the weather station

*****Buy A Calendar*****

Bella is patiently waiting for orders for the Calendar that supports local animal rescues.  Please order a calendar, if you don't Bella will make me order more....

Here's a link to order!  She's starting to pout and it's not a pretty picture.  Help!


*****Board of Adjustment*****

Board of Adjustment meets Wednesday this week at 3:00 p.m. in the City Hall.  Here is a link to the agenda / packet.  

2)  Owner of the property at 106 Bella Colinas Drive want a front facing garage.  R-1 does not permit this without a variance and substantial reason for that variance.  This is complicated by the fact that much of the Highlands is zoned R-3 and is under a development agreement that in many cases allows front entry garages.  R-1 zoned property does not allow this.

The packet shows multiple variances - both allowed and disallowed.  The applicant was not present and the CBC visited the property, opened a public hearing on site - Commissioner Vaughan moved to deny the variance, seconded by Commissioner Wilsey.  Motion to deny was carried 5-2, Commissioner Berry and Knaus opposed.

The BOA is charged with determining if an error was made by the CBC in their deliberations.  Previous variances are not supposed to constitute a precedent.  

3)  Appeal of Boat Dock Variance Granted July 25, 2019 by CBC.  This is an interesting appeal.  Mr. Tom Kilgore has hired a lawyer to appeal this variance.  

The Boat Dock was permitted by LCRA and built by the developer to be used by residents of the gated community it serves.  Their reason for this was to have one larger dock instead of multiple small docks as would be allowed by ordinance.  The dock was not permitted by the city and required a variance because of the size of the dock.

Multiple Docks on Cove
Single Dock for Residents
The developer requested the variance and paid a $10,000 fine for that request because the structure was already built.  CBC visited the site and unanimously agreed that the large structure would better serve the community.  Here are photos to illustrate.  Click on the photos for a larger image.

The appellant asserts standing because the developer is treated differently than others requesting the same treatment - I'm not aware of anyone else requesting a large dock instead of multiple smaller docks.

He also asserts that since this facility is owned by the HOA it is not taxed appropriately and harms Lakeway residents.  I think this is a slippery slope.  Dock costs were about $311,320 and Tram was $636, 400.  Does this mean any HOA that owns a pool and / or common area is in jeopardy?  I'm not a tax attorney and am not sure if this is really taxable or not.  I suspect not.  

To confuse matters further, Council Member Gretchen Vance has joined the appeal and is speaking against the variance.  I'm not sure that it is good practice to have an elected official try to assert their influence on our city volunteers.  I don't think this has happened in the past either.

Times are changing.  It will be interesting to see how the BOA rules and if the appellant will take the city to court if he loses.  I don't think any of the residents of the area using the dock will speak against it....

*****Pictures*****


Construction is continuing at the Lakeway Church.  A lot of preparations are going on, should be marking and starting the construction of the concrete work.  It will be glorious!


 Took a couple pictures of a house on the lake yesterday.  Pretty nice cottage...


 It's really nice that the lake is still nearly full compared to past years!




Let me know if you would like some pictures of your home or property - it's a great time to take them, the trees, shrubs and grass look good this time of year and it makes for nice pictures!  Sky Pictures - joe@skypict.com

That's all for today - more when I find out.  I'll try to post the results of the BOA meeting.  Send me a note if you would like to be added to my email list - hopefully it is working now!

Joe Bain
lakeway@bain.us



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