HomeMy WebLinkAboutMinutes_ZBA_03.20.2001
CITY OF GEORGETOWN
ZONING BOARD OF ADJUSTMENT MEETING
MINUTES
March 20, 2001
Joe Pondrom called the meeting to order at 6:03 p.m. Other Board members present were Claude
Proctor, Thomas Bennett, Sheila Johnson and Patrick Walsh arrived after consideratio n of the Minutes.
Staff members present were Melissa Murphy, Development Planner, Jim Babcock, Development
Technician, Janis Russell, Recording Secretary, Cathy Riedel, Assistant City Attorney, Amelia Sondgeroth,
Director and Marianne Banks, City Attorney.
Agenda:
1. Consideration and possible action on the Minutes of the February 20, 2001, meeting. Thomas
Bennett made a motion to approve the Minutes as written. Sheila Johnson seconded the motion,
which passed by a vote of 3-0-1 (Claude Proctor abstained).
2. Consideration and possible action on Variances to the Zoning Ordinance for Glasscock
Addition, Block 8, the western half of Lots 5 and 6 and Lot 7, located at 201 E. 10th and 903 S.
Church Street. Melissa Murphy informed the Board that the Varianc es requested are for
existing conditions and not for the expansion. Robert McLaughlin, agent for the applicant
addressed the Board and responded to questions. Patrick Walsh asked if there had been any
attempt to improve the exterior of the building and meet articulation or some other design
standards. Mr. McLaughlin responded that some improvements had been made in the past but
they are limited because of the lack of space on the inside of the building. After the discussion,
Patrick Walsh made a motion to authorize variances to Sections 2.0203b, 2.0403, area
regulations, front and side yard setbacks, Section 5.403, non-residential bulk plane
requirement, 5.502, required building articulation, Section 6.104, required site landscaping,
Sections 6.304, type A and B bufferyards and 6.305, type C bufferyards, after making the
following findings of fact:
- It will not be contrary to the public interest because existing conditions limit the ability of
the applicant to comply with regulations put in place after the building was in place; and
- because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant because it would require the applicant to move
existing structures out of the right-of-way; and
- such that the spirit of this ordinance shall be observed and substantial justice done.
Thomas Bennett seconded the motion, which passed by a vote of 5-0.
3. Consideration and possible action on Variances to the Zoning Ordinance for Snyder Addition,
0.80 acres out of the eastern part of Block 5, located at 908 E. University Avenue. Jim
Babcock gave the staff report and explained the variance requests. Joe Pondrom asked about
the widening of Maple Street as discussed at a meeting last year. Jim Babcock responded that
the applicants had moved the fence out of the right -of-way for the potential widening of Maple
Street. Sheila Johnson asked that since the adjacent property had been purchased and the
house taken down, wouldn’t that incorporate the two properties into one. Jim Babcock
responded that according to the ordinance, the only way the two lots would become one, would
be if a structure was built across the shared lot line. Patrick Walsh asked about documentation
of the 1982 variance allowing the 8’ fence. Jim Babcock stated that no documentation existed
and all we have are the paper minutes from the meeting. Mark Silverstone, agent for the
applicant, addressed the Board. He stated that the reasoning for the variance requests are: the
fence will be in keeping with the renovation of the house; it will enhance the neighborhood and
the City; the house is listed under high priority in the 1984 Historic Resource Survey of the City
of Georgetown, meaning that the house contributes significantly to local history or broader
historical patterns; the fence is a continuation of an 8’ fence already allowed by a 1982
variance; the fence will act as a buffer from the multifamily structure across 13th street and the
railroad track; and the Variance requests are supported by the surrounding community. Mr.
Silverstone passed out pictures of the property and the adjacent properties. Patrick Walsh
stated that he was having a hard time making the required findings of fact in this case. He felt
that a 6’ fence and/or landscape buffering would serve the same purpose as an 8’ fence.
Kenneth Smith, the applicant, addressed the Board and responded to questions. He stated that
if the Variance was not granted, the adjacent lot would remain vacant and not be included in
the remainder of their property. After the discussion, Thomas Bennett made a motion to
authorize a variance to Sections 8.302 and 8.303 of the Zoning Ordinance to allow an eight (8)
foot fence to be extended along 13th Street and along the west and rear property lines of Snyder
Addition, 0.80 acres out of the eastern part of Block 5, located at 908 East University Avenue,
after making the following findings of fact:
- It will not be contrary to the public interest because it’s consistent with the existing
fence; and
- because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant because a different type and height fence would
not be consistent with the original fence approved by the 1982 variance; and
- such that the spirit of this ordinance shall be observed and substantial justice done.
Claude Proctor seconded the motion, which passed by a vote of 4-1. (Patrick Walsh was opposed).
4. Chairman’s comments regarding Williamson County Justice Facility application. Joe Pondrom
explained that he worked for the Williamson County tax office and Sheriff’s office, so it is his
intention to recuse himself from voting on this item. Amelia Sondgeroth introduced herself to the
Board. Della Green addressed the Board and stated that she had attended meetings regarding the
Justice Facility and explained some of the neighborhood’s concerns. Joe Pondrom explained to
Ms. Green that the Board could not discuss her concerns at this time because it was not on the
agenda.
Cathy Riedel handed out the Board of Adjustment By-laws to by considered at the next meeting.
With no further business, the meeting was adjourned at 7:00 p.m.
/jmr
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