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HomeMy WebLinkAboutMinutes_ZBA_02.15.2000 CITY OF GEORGETOWN BOARD OF ADJUSTMENT MEETING MINUTES February 15, 2000 Patrick Walsh, Vice Chair, called the meeting to order at 7:00 p.m. Other Board members present were Rhonda Faught, Charles Parker, Sheila Johnson and Patti Hershey. Joe Pondrom, alternate, was present in the audience. Staff members present were Marianne Banks, City Attorney, Ed Barry, Director, Scott Ingalls, Chief Development Planner, Jim Babcock, Development Technician, Wendy Walsh, and Tom Bolt, Development Planners and Janis Russell, Recording Secretary Agenda: 1. Election of Officers. Charles Parker nominated Patrick Walsh as Chair. Patti Hershey seconded the nomination. Charles Parker made a motion that the nominations cease. Sheila Johnson seconded the motion. Patrick Walsh was elected as Chair by a vote of 4-0-1 (Patrick Walsh abstained from voting). Rhonda Faught nominated Charles Parker as Vice-chair. Sheila Johnson seconded the nomination. Patrick Walsh made a motion that the nominations cease. Patti Hershey seconded the motion. Charles Parker was elected as Vice-chair by a vote of 4-0-1 (Charles Parker abstained from voting). 2. Minutes of the October 19, 1999 meeting. Charles Parker made a motion to approve the minutes as written. Rhonda Faught seconded the motion which passed by a vote of 5-0. 3. Variance to the Zoning Ordinance for Snyder Addition, a 0.21 acre part of Block 3, located at 804 University Avenue. Jim Babcock gave the staff report. Rhonda Faught asked who found the error. Jim Babcock responded that the surveyor found the error and that the forms were slightly moved to save a tree. Bob Canvelle, Victorian Classics, Inc., and applicant, responded to questions from the Board. Sheila Johnson stated that she didn’t feel that the applicant should have to tear down or move the house for 2.5 inches. All Board members agreed. Patti Hershey pointed out that the City Council just directed staff to write a policy to administratively act on encroachments of less than one foot. After the discussion, Charles Parker made a motion to authorize a variance to Section 6.102 of the Zoning Ordinance to allow a 2.4 inch encroachment over the ten foot side-street building line for Snyder Addition, the northwest part of Block 3, located at 804 East university Avenue, based on the following findings: - It will not be contrary to the public interest because of the size of the encroachment; and - because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant because it would require the moving of a portion of the slab and the removal of a large tree; and - such that the spirit of this ordinance shall be observed and substantial justice done. Rhonda Faught seconded the motion which passed by a vote of 5-0. 4. Variance to the Zoning Ordinance for Glasscock Addition, Block 1, Lots 1-8, and Block 2, Lots 3-5 and part of Lot 6, located at 911 S. Austin Avenue and on Main Street, between 9th and 10th Streets. Jim Babcock gave the staff report and explained the provisions of a mini-DDP. He also read the uses allowed in the C-2A zoning district. Rhonda Faught asked why the applicant wanted the variance at this time. Marianne Banks explained that the property will be vacated shortly and the applicant has been marketing the property for sales to one or more users and during that process they recognized that if they sold off the mostly vacant tract that has the body shop on it now, they would be short of parking for the larger facility depending on what type of use went in there. Discussion followed regarding options that the applicant has utilizing the mini-DDP standards and requirements. Ercel Brashear, representing the owners, addressed the Board. He stated that Main Street Baptist Church had submitted a contract to purchase Tract II and the applicant wished to obtain a variance to the off-street parking regulations before the “Downtown Overlay” District is established. Patrick Walsh asked about remodeling the old building, inside and out. Ercel Brashear responded that the building will be updated, depending on the use. Charles Parker asked if the Board could put stipulations on what kind of business would be allowed there, with the approval of the variance. Marianne Banks responded that they can put some limitations on the variance for certain types of uses if they could come up with some uses that they think would be appropriate and if the applicant agreed. Jim Dillard, 1404 Maple Street, showed a recent article written about the San Marcos downtown area and how the lack of parking had affected that town. He spoke in opposition to the variance and stated that he thought that retail shops should be required to provide parking for their businesses other than on-street parking. Renee Hanson, 1252 S. Austin Avenue, was concerned because this will set a precedence for all future development in the area. She asked the Board to postpone action until further information is available so they can judge whether this is in the best interest of the community or solely to benefit a single landowner in marketing the property. Iva McLachlan, Chair of Long Range Planning Committee of Main Street Baptist Church, stated that this will provide parking for the downtown area. The intent is to enter into an agreement with the City and County to create parking, using at least half of the block. Patrick Walsh asked about the demolition of the two existing buildings and the canopy on Tract II. Mr. Brashear responded that the demolition will be done by the current owner. David Edwards, Senior Pastor of Main Street Church addressed the Board and stated that not only does the downtown area need parking, but the Church needs it too. Charles Parker asked how many spaces would be provided. Ercel Brashear stated that 115-125 parking spaces would be provided, depending on the design of the parking lot. Joanne Allen, 4131 Granada, asked the Board to consider waiting until the contract is complete with the church before considering a variance. The City/County agreement will take time, and taking action now will set a precedent for others. She stated that a postponement will allow more time for study and consideration. Ercel Brashear responded to the speakers. He stated that the property owners can enter into an agreement with Main Street Baptist Church or they can keep it as it is. He stated that if no variance is granted, the applicant cannot sell to the church. Charles Parker asked if the Board could approve the variance, subject to the sale to Main Street Baptist Church. Marianne Banks stated that they could. Patti Hershey asked what the difference is between this request and a Special Exception. Scott Ingalls explained the difference. Rhonda Faught stated that she was not able to decide yet and needed to deliberate more. Patti Hershey stated that she was concerned with being able to make findings of fact for this variance. Charles Parker stated that the downtown parking problem is not just the fault of the shop owners and 100 spaces is a lot to add. He was able to make findings of fact for this variance request. Sheila Johnson stated that she wanted to think about it some more. Gael Dillard, 1404 Maple Street, stated that she did not believe that a statement by Ercel Brashear was accurate. The “Downtown Overlay” District and criteria had not been set yet. Rhonda Faught stated that she wants to study possible uses for the property. Patti Hershey asked about setting precedence. Patrick Walsh stated that the P&Z has dealt with this type of variance recently, and he was less concerned about precedence and more concerned about upholding the integrity of the ordinance. Patrick Walsh asked the applicant about a possible postponement of action by the Board. The applicant stated that there was an immediacy for a variance for Tract I, at least. Patrick Walsh stated that he would like to table this item. David Hewlett, owner of the property, asked the board to consider the Variance for Tract I tonight and table action for Tract II with more information to come. Charles Parker asked the Board to be very specific on what they want if this is postponed. Rhonda Faught asked for the uses in C-2A to be read again. Jim Babcock read the uses again. David Hewlett asked if the Board would grant the variance for Tract II with the use limited to parking and Church use only. Robert Seamans, 104 Southcross Road, stated that applicants should come to boards with specific uses before asking for open-ended variances. Rhonda Faught stated that there was no need for a variance on Tract II, since it was going to be used for a parking lot. Rhonda Faught made a motion to table action on this agenda item for one month (to the March 21st BOA meeting) to consider limiting certain uses for Tract I. Patti Hershey ask the applicant to come back with potential uses for Tract I and Tract II. Patti Hershey then seconded the motion which passed by a vote of 5-0. Marianne Banks informed the Board that agenda items 5 and 6 will be specific in the future or not appear at all on the agenda. With no further business, the meeting was adjourned at 9:45 p.m. 5. Members’ comments and reports. 6. Staff comments and reports. /jmr