Property owner, Geneva Hurtado, is requesting a variance to the Williamson County OSSF Order.  The variance would be in relation to having two residences on less than two acres a piece.  The Williamson County OSSF order (attached) defines a living unit as a structure that has a kitchen (and other considerations).  Please see below (from Section 10(A)3).  The order further states in Section 10(D)2(a) that, if serviced by well water supply, each living unit must be placed on not less than 2 acres of surface area (please see below). This property was purchased in 2021 with two homes already constructed.  One house is the family dwelling and the other is for Ms. Hurtado’s mother.  The density violation is the result of the efforts of the previous property owner.  The current property owner was not informed of the OSSF density violation before the closing of the home contract.  The owner would like to obtain a new OSSF that meets current code.  In order to provide a design that exceeds the minimum design requirement for protection to the public health and safety, Ms. Hurtado has agreed not to install a spray system.  Ms. Hurtado has worked diligently with Williamson County Staff to ensure that the proposed OSSF unit is adequately designed and sized to work effectively for the loading requirement of the structures that they have built. 

Since the requirement in Wilco’s OSSF order for two acres of surface area per living unit is more conservative than the TCEQ required minimum (1 acre), and since the division of the residence into two living units on well water, with at least a 1 acre each of surface area, meets TCEQ requirements, and since the location of the unit does not invoke Edwards Aquifer rules, and since the proposed unit is designed and sized to meet the loading requirements of the built structures, staff recommends approval of the variance. 

Staff (and Ms. Hurtado) have discussed the Order’s land density limitations with the septic designer to prevent further occurrences.  Staff will also be working with the home builders association to request builders have earlier submittals of OSSF designs so changes may occur, if necessary, prior to completion of the structure.

Section 10(A)3  Living unit-A structure is considered a living unit in which any of the following exists: the structure has more than one bedroom, or has a kitchen, or is larger than 1,000 square feet, or has a laundry facility, or has separate electrical or water meter.  Structures used for storage, animal sheltering or vehicles are not considered a secondary living structure for the purpose of these rules.

Section 10(D)2(a) “For properties where each lot maintains an individual water supply or is otherwise not served by a public water supply, each lot shall contain at least two (2) acres in surface area. This requirement includes single and multi­      family residential lots, non-residential lots, and manufactured housing community lots. Each living unit of a multi-family residence, including duplexes, shall be considered a single-family residence for the purpose of determining lot size. Non-residential lots may require additional acreage depending on specific uses. The required minimum acreage for manufactured housing communities shall equal the number of houses in the tract times the minimum lot size for each house.