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Commissioners approve variance for Precinct 4 subdivision with deed‑restriction and HOA conditions

May 06, 2026 | McLennan County, Texas


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Commissioners approve variance for Precinct 4 subdivision with deed‑restriction and HOA conditions
The McLennan County Commissioners Court voted Tuesday to grant a variance allowing a low‑density rural subdivision in Precinct 4 to proceed, but only after requiring deed restrictions prohibiting further subdivision and creation of a property‑owners association (POA) to assume future road maintenance.

The county engineering office objected to the request during the public discussion, saying the proposal exceeded the regulation's limit on easement access points and that sections of the private access roadway were too narrow for public road standards. "The engineering office is not supporting this request for variance," Amy, an engineering staff member, told the court, citing existing access points and narrow roadway widths.

Mike Dixon, answering questions about alternatives, recommended conditional approval tied to two written conditions: recorded deed restrictions preventing additional lot splits and a property‑owners association recorded in official deed records to assume long‑term road maintenance. "Deed restrictions prohibiting further subdivision of any of the tracts and creation of a property owners association to ensure future maintenance of the road," Dixon said, summarizing the conditions he believed would address the county's concerns.

Commissioners discussed precedent and the county attorney's guidance before moving to approve the variance contingent on those conditions. A motion to grant the variance was made, seconded and put to a roll call; the court approved the motion.

A commissioner who opposed strict denial said they were reluctant to disregard the attorney's recommendation but would support the conditional approach if legal questions were resolved. One commissioner described the case as unusual and said staff had "shot every hole in it" in searching for legal barriers to approval.

What happens next

The court asked that the required documents be included when the plat is filed. Staff also noted that granting a variance in this case could set a precedent for other long ranch‑style access roads; the engineering office had identified as many as 25 similar roads that could be affected by future variance requests.

The vote and procedural record

Motion: grant variance contingent on recorded deed restrictions and a property‑owners association to assume road maintenance.
Mover: Commissioner (mover recorded in transcript)
Second: (recorded in transcript)
Outcome: approved (court vote recorded and motion passed).

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