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Home My WebLink AboutMinutes_ZBA_09.17.1996MINUTES City of Georgetown BOARD OF ADJUSTMENT MEETING September 17, 1996 7:00 p.m. City Hall Council Chambers, 101 E. 7th Street Georgetown, Texas The meeting was called to order at 7:07 p.m. by Rex Peebles. Other Board members in attendance were Larry Brown, Claude Proctor, Roy Headrick, Charles Parker, and Linda Vaclavik. Staff present were Hildy Kingma, Chief Planner of Current Planning, Wendy Walsh, Senior Planner, Charles Simon, Senior Planner, and Sheree Rabe, Assistant City Attorney. Roy Headrick served as a Board member for the first two (2) items because Larry Brown was not present at the time. Therefore, the votes indicated for Items #1 and #2 include Roy Headrick. The vote for Item #3 include Larry Brown in place of Roy Headrick. 1. Approval of minutes of the August 20, 1996, Board of Adjustment meeting. Linda Vaclavik made a motion to approve the minutes as written. Charles Parker seconded the motion which passed by a vote of 5-0. 2. Consideration of and possible action on a variance from the fence requirements of Section 8.303 of the Zoning Ordinance for University Park, Section One, Block E, Lot 8, located at 114 Finch Lane. Staff presentation was given by Charles Simon. Jim Fisher, agent for the applicant, spoke in favor of the variance. He addressed the hardships that will be experienced by the property owners if they are required to reduce their fence to three (3) feet along Hutto Road. These hardships being related to safety for their children, keeping other people out of their yard, and security and privacy for their home. He addressed the ways in which the requested variance is not a contradiction of the purposes of the Zoning Ordinance in that the standards are intended to contribute to the aesthetics in the community, which the fence does, and to prohibit driveway access to Hutto Road, which is precluded by the plat and the existing development. Finally, he stated that the six (6) foot tall fence is not contrary to the public interest because it adds both economic and aesthetic value to the neighborhood. Other speakers in favor of the variance were: Bruce and Joy Long, 112 Finch Lane; Gary Gronniger, 110 Finch Lane; Jeff Alexander, 102 Finch Lane; and Michael Chapman, the applicant. The Board members discussed ways in which they could address the applicant's variance as well as the similar concerns of the other property owners along the block. Linda Vaclavik made a motion to table the application until the November Board meeting in order to give the City staff the opportunity to study the issue of fence height along the Hutto Road frontage of the subject block. This study should include traffic concerns and the fence height at the corners. The staff should also work with all the property owners along the block to get a joint application for a variance similar to that of the subject request. Claude Proctor seconded the motion which passed by a vote of 5 - 0. 3. Consideration and possible action on a variance from Section 2.0303.1.b. of the Zoning Ordinance for the construction of a storage building in a required rear yard setback for Morrow Addition, a part of Block O, located at 1205 South Austin Avenue. Staff presentation was given by Wendy Walsh. Roy and Janey Headrick, the applicants, spoke about the need for this variance. The primary need is to build a new storage building that meets their space needs, and put it in a location that creates room for a turn-around so they can head-out onto Austin Avenue when exiting the lot. In addition, the existing structure is approximately 2.5 feet from the structure on the adjacent lot, and the proposed new structure will create a much larger setback between structures. Charles Parker made a motion to approve a variance from Section 2.0303.1.b. of the Zoning Ordinance for the construction of a storage building in a required rear yard setback, as it will not be contrary to the public interest, due to the need to provide a safer means of exiting the property; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being that their safety concerns could not be addressed; and such that the spirit of this ordinance shall be observed and substantial justice done. Linda Vaclavik seconded the motion which was approved by a 5-0 vote. 4. Members reports and comments. None were made. The meeting was adjourned at 8:40 p.m. MINUTES City of Georgetown BOARD OF ADJUSTMENT MEETING September 17, 1996 7:00 p.m. City Hall Council Chambers, 101 E. 7th Street Georgetown, Texas The meeting was called to order at 8:00 p.m. by Rex Peebles. Other Board members in attendance were Claude Proctor, Roy Headrick, Charles Parker, and Linda Vaclavik. Staff present were Hildy Kingma, Chief Planner of Current Planning, Wendy Walsh, Senior Planner, and Sheree Rabe, Assistant City Attorney. 1. Approval of minutes of the October 15, 1996, Board of Adjustment meeting. Claude Proctor made a motion to approve the minutes as written. Charles Parker seconded the motion which passed by a vote of 4-0-1, with Linda Vaclavik abstaining because she was not present at the meeting. 2. Consideration of and possible action on a variance from the fence requirements of Section 8.303 of the Zoning Ordinance for University Park, Section One, Block E, located at 100-126 Finch Lane. Staff presentation was given by Hildy Kingma. Speaking in favor of the variance were: Gary Gronniger, 110 Finch Lane; Bruce and Joy Long, 112 Finch Lane; and Jim Fisher, Oxford Homes. The Board members discussed the safety concerns of the fence location and indicated that they understood the wishes of the applicants to have a solid fence along the entire property line of Hutto Road. They also stated, however, that they had to be concerned with the interests of the community as a whole and their recommendation was based on that community-wide perspective. Linda Vaclavik a motion to approve a variance to the fence requirements of Section 8.303 of the Zoning Ordinance for University Park, Section One, Block E, to permit a fence up to six (6) feet in the required front yards on Hutto Road (to the property line), with the exception of Lots 6 and 7. Lots 6 and 7 may have a six (6) foot fence built from the northwest property pin of Lot 6 to the southwest property pin of Lot 7 (along the line identified as the "300 foot sight distance on the attached exhibit). This variance was approved as it will not be contrary to the public interest, because it will not affect safety on Hutto Road due to the limitations placed on the construction of a fence on Lots 6 and 7; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to these applicants by limiting the full use of their back yards as traditionally defined; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the limitations on the construction of a fence on Lots 6 and 7, and that the City of Georgetown is requested to install a sign stating "caution curve ahead" on Hutto Road. The motion was seconded by Roy Headrick and it passed by a vote of 3-2. 4. Members reports and comments. None were made. The meeting was adjourned at 9:35 p.m.