Commissioners deny variance for 550 Riley Road after liability concerns

Kevin Franks, the property owner at 550 Riley Road, asked the court for a variance to allow an attached open-sided carport to extend into the county right-of-way. "I'm here today to respectfully request a variance from the section 10 road construction section a 9 general requirements of the Guadalupe County subdivision regulations that implies to the approximately 15 foot encroachment of the open side carport into the county right away on the Rose Road side of my property," Franks told the court.

County planning and Road & Bridge staff and the county attorney advised the court that state law requires public roads to be kept clear of obstructions and that privately allowing a structure in the right-of-way would create liability and a problematic precedent. A county inspector who had spoken with Franks said he explicitly told Franks he would not give permission for an encroachment. As Planning staff put it during testimony, the department "would not accept" the variance because it conflicts with state law and county subdivision regulations.

Commissioners repeatedly raised liability and precedent concerns. One commissioner warned, "I do not think that that would indemnify the county from liability if the county gave permission for something to be built...then I don't think that that document would prevent that person or entity from suing the county because we gave permission for something that is not within the bounds of our rules." The court also discussed the absence of written county approval and the limits of informal conversations that occurred before Franks bought the building and poured concrete.

After discussion, Commissioner [motion-maker] moved to deny the variance and the court approved the motion by voice vote. The denial was recorded as the formal outcome and Franks was advised of the court's decision. The court noted Franks may pursue administrative options consistent with county procedures, but it declined to grant the requested encroachment variance.