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Hood County grants variance to split 9124 Mitchell Bend Court despite nonconformity
Summary
The commissioner's court granted a variance July 8 to allow a 1.96‑acre tract at 9124 Mitchell Bend Court to remain with an existing pre‑2009 well so the owner can split and sell 2 acres; the vote was 3-0 and staff confirmed Upper Trinity guidance that wells drilled before 2009 are not subject to new spacing rules.
Hood County commissioners on July 8 granted a variance to allow a 1.96‑acre tract at 9124 Mitchell Bend Court to remain nonconforming so the owner may separate and sell roughly 2 acres of the parcel. The motion, moved by Commissioner Samuelson and seconded by Mr. Eagle, passed by voice vote, 3-0.
Teresa Parson told the court she inherited the property and that a prior survey showed the parcel to be 3.96 acres; she asked for assurance that the existing household well, drilled before 2009, would not be subject to newer spacing and tract requirements and that her brother would be able to replace the well if necessary. A county technical respondent explained that under the county's rules, "if a well is drilled prior to 01/01/2009, it is not subject to the tract size requirements" and that replacement wells are allowed if drilled within 50 feet of the original.
Staff and the assistant county attorney confirmed they had received confirmation from Upper Trinity that the existing well did not fall under post‑2009 regulations. Commissioners discussed subdivision and variance pathways and noted that while the appraisal district lists the parcel at 4 acres, Parson's survey shows 3.96 acres; staff recommended pursuing a variance to avoid delaying the homeowner.
Commissioner Samuelson moved to grant the variance allowing a 1.96‑acre tract; the court seconded the motion and approved it by voice vote. Staff advised Parson to proceed with the planning process and to submit the required plat and variance paperwork so the split can be formalized.
The court's action allows Parson to move forward with a parcel split subject to standard planning steps and filing of any necessary plats and variances; commissioners noted that staff had already advised the owner and that the variance was mainly a procedural step to align county requirements with the existing well status.
The court adjourned at 10:25 a.m.
