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Commissioners leave county engineer's denial in place after variance motion for fence fails
Summary
Property owner asked the court to overturn a denial for a fence that staff found in a 60-foot right of way; the county engineer said Title 4 prohibits fencing in the right of way and a motion to grant a variance failed for lack of a second, so the denial remains in effect.
Comal County officials heard an appeal over a fence that county staff said encroaches on a 60-foot public right of way on Lavaca. County Engineer Mr. Valver summarized inspections and property pins that led the engineer's office to deny PIPRO permit 01/9197 and recommended upholding that denial.
Engineer Valver told the court the office "did find that pin across the street allowed us to pull a tape across and find that that the fence was encroaching into the public right of way," and later said that "Title 4, 42,004 p states no fencing will be permitted in the right of way." Property owner Mr. Stites said he bought the home in March, could not find boundary markers, placed the fence roughly 12.5 feet off the paved roadway and asked the court for a variance or an agreement allowing the fence to remain. "I know it's county property," Stites said, "I know it's part of the right of way, but I'm ... grateful I have the opportunity to at least present my findings and my wishes here in the court." A commissioner moved to grant a variance but the motion failed for lack of a second; the court said the engineer's original denial will remain in effect.
The court did not take further action to authorize the fence. Staff cited the ordinance language and an appeal process; commissioners expressed sympathy for legacy fences in older subdivisions but also concern about setting a precedent. The record does not show a subsequent schedule for compliance or removal; the engineer remains directed to enforce the existing denial.
