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HomeMy WebLinkAboutMinutes_ZBA_10.20.1998 Draft MINUTES BOARD OF ADJUSTMENT MEETING October 20, 1998, 7:00 P.M. Rex Peebles, Chair, called the October 20, 1998, Board of Adjustment meeting to order at 7:05 p.m. Other Board Members present were Joe Ogden, Gerald Carson, Patrick Walsh and Charles Parker. Alternate member, Sheila Johnson was also present. Staff members present were Hildy Kingma, Chief Development Planner, Wendy Walsh, Development Planner, Tom Bolt, Building Plan Reviewer and Janis Russell, Recording Secretary. Agenda: 1. Consideration of and possible action on the minutes of the September 15, 1998, Board of Adjustment meeting. Patrick Walsh made a motion to approve the minutes as written. Joe Ogden seconded the motion which passed by a vote of 5-0. 2. Variance to the Zoning Ordinance for Hart Addition, Block 1, Lots 6-8, Lots 10-14 and parts of Lots 9 and 15, Block 2, Lot 7, parts of Lots 8-11 and Original City of Georgetown, Division A, part of Outlot 15, located at 708 W. 15th Street; and Booty and Lesueur Subdivision, Block 1, Lots 9-16, located at 710 W. 13th Street, known as Georgetown Station Apartments. Wendy Walsh gave the staff report. Loyd Fortenberry, manager of Georgetown Station Apartments was present and handed out photographs of the property and fences. Discussion followed regarding when the original fences were built and if permits were obtained. Wendy responded that so far through her research, no permits were issued. Tommie Shanklin, a surrounding property owner, asked about gates and where they would be placed. Her concern was for the ability of emergency vehicles to reach her home and her neighbors, without being able to cross the Georgetown Station Apartment property. Mr. Fortenberry, responded to her questions. Site triangles and setbacks were discussed. Patrick Walsh asked why the existing buildings were built in the setbacks. Wendy Walsh said she would research for possible variances granted in the past for this site. Robert Palmerton, of Autogate gave the background of the recent fence permit requests and explained that there was a miscommunication with the Building Inspection Department and he understood that they could proceed with the new fences without a permit. He thought that the gates were the only thing in question, since they were replacing existing fences. After extensive discussion, Gerald Carson made a motion to deny a variance to Section 8.303 of the Zoning Ordinance to allow six foot fences to be constructed within the front setback along West 15th Street, West 14th Street and West 13th Street, located at 708 W. 15th street and 710 W. 13th Street, known as Georgetown Station Apartments, as it will be contrary to public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. There was no second to the motion, therefore the motion died. After more discussion, Patrick Walsh made a motion to authorize a variance to Section 8.303 of the Zoning Ordinance to allow six foot fences to be constructed within the front setback along West 15th Street, West 14th Street and West 13th Street, for Hart Addition, Block 1, Lots 6-8 and Lots 10-14, and parts of Lot 9 and 15, Block 2, Lot 7, parts of Lots 8-11 and Original City of Georgetown, Division A, part of Outlot 15, located at 708 W. 15th street; and Booty and Lesueur Addition, Block 1, Lots 9-16, located at 710 W. 13th Street, known as Georgetown Station Apartments as it will not be contrary to the public interest because the existing BOA Minutes October 20, 1998 Page 2 fences are in poor repair and replacing them will improve the entire neighborhood; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant because the redesign of existing project would be needed to maintain back yard privacy of some buildings; and such that the spirit of this ordinance shall be observed and substantial justice done, provided sight triangles are appropriately maintained for all entrances and exits in accordance with City standards. Charles Parker seconded the motion which passed by a vote of 4-1 (Gerald Carson voted to oppose). 3. Detailed Development Plan with Variances to the Zoning Ordinance for North Georgetown Addition, Block 17, Lot 5, located at 601 N. Austin Avenue. Tom Bolt gave the staff report. Brad Laughlin, agent for the applicant was present and responded to questions by the Board. After the discussion, Gerald Carson made a motion to approve a Variance to Section 2.0403 Area Regulations and Section 6.304 E. Bufferyards to allow a 9 foot encroachment of one parking space within the 18 foot front setback adjacent to Morrow Street, to allow a 4 foot encroachment of the concrete swale and retaining wall into the 4 foot east side setback at the northeast corner of the lot and to allow a 5 foot encroachment into the 5 foot rear and east side bufferyard of the same concrete swale and retaining wall, provided a drainage study which fulfills the requirements of the City and TXDoT is submitted and approved for 601 N. Austin Avenue as it will not be contrary to the public interest because the proposed development will enhance the corner and considerably improve drainage and run off. The adjacent property to the north consists of a solid ground and is not subject to erosion. In addition, the current east side of the building is covered with debris creating a fine breeding area for small varmints; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being the restricted ability to use the property and comply with existing parking regulations; and such that the spirit of this ordinance shall be observed and substantial justice done provided no formal granting of the variances will be made pending the submission by the applicant of and approval by the zoning staff of a drainage plan. Patrick Walsh seconded the motion which passed by a vote of 5-0. 4. Members’ comments and reports. None were made. With no further business, the meeting was adjourned at 8:45 p.m.