RES 1384 05/12/2009 RESOLUTION NO. 138 4
A RESOLUTION ADJUSTING FENCING SETBACK LINES FOR THE
ESTATES AT DEER CREEK, UNIT 3, BLOCK 3, LOTS 1 THROUGH 9 AS
RECORDED IN GUADALUPE COUNT', TEXAS, VOLUME 7, PAGE 30-31, TO
PROVIDE FOR AND PERMIT THE REASONABLE USE OF THE PROPERTIES
INCLUDED
WHEREAS, the City Council of the City of Cibolo adopted the Subdivision Regulation Ordinance
No. 590, with amendments on April 8, 2003; and
WHEREAS, the Subdivision Regulation Ordinance provides the direction and process of division of
land into two or more parts for the purpose of laying out any subdivision or any tract of
land or building lots or any lots, and streets, alleys or parks or other portions intended
for public use; and
WHEREAS, the City Council approved and recorded a subdivision plat for the Estates at Deer Creek,
Unit 3 on June 16, 2005; and
WHEREAS, the plat for the Estates at Deer Creek, Unit 3 imposes a fencing setback that is not a
requirement for a subdivision plat; and
WHEREAS, the City Council wishes to allow each property owner reasonable use of their property
while at the same time maintaining drainage easements on private property; and
WHEREAS, the City Council has deemed this Resolution is in the best interests of the property
owners involved.
NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS,THAT:
SECTION 1. The fifteen(15) foot fencing setback line for the Estates at Deer Creek, Unit 3, Block 3,
Lots 1 through 9 as recorded in Guadalupe County, Texas, Vol. 7, Page 30-31 on June 16, 2005 be
removed because it is not a requirement and not considered mandatory in the Subdivision Regulation
Ordinance.
SECTION 2. The property owners of the Estates at Deer Creek, Unit 3, Block 3, Lots 1 through 9 as
recorded in Guadalupe County, Texas, Vol. 7, Page 30-31 on June 16, 2005 be allowed to extend their
fence to the rear property line provided that the following requirements be met:
1. A building permit must be obtained and inspections,performed.
2. The private drainage easement including the drainage swale must be maintained by the Lot
Owner as such that all lines and grades are kept constant. Construction of a fence along the
property line must not intrude into the drainage swale. A bar screen or other method must
be approved by the City of Cibolo before installation. Said screen can be installed from the
fence into the swale and shall keep the obstruction area to a minimum.
APPROVED and ADOPTED this 12th day of May, 2009.
Jen&er Hartman, Mayor
Attest:
Peggy Cimics, City Secretary