HomeMy WebLinkAboutMinutes_ZBA_04.18.2006Zoning Board of Adjustment Minutes, April 18, 2006 Page 1 of 4
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
April 18, 2006, at 6:00 P.M.
City Council Chambers
101 E. 7th Street, Georgetown, Texas 78626
Members present: William Moore, Chair;
Alternates present: Steven Lampinstein, Patrick Lawson, and Dale Ross
Members absent: Earl Watson, Vice Chair; Jim Jarvis; Ann Snell; Richard Vasquez III.
Staff present: Bobby Ray, Director, Planning & Development; Jennifer Bills, Planner; and Karen
Frost, Recording Secretary.
This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The
Board, appointed by the Mayor and the City Council, acts on requests for variances,
interpretations and special exceptions under the Georgetown Zoning Ordinance.
Order of Hearing Process:
Staff makes a presentation of the project to the Board;
The applicant is provided an opportunity to present their project to the Board;
The Board asks questions of both Staff and the applicant;
*The Public Hearing is open, and both proponents and opponents are allowed to speak;
The Public Hearing is closed and the Board deliberates on the merits of the case; and,
The Board generates findings to support their decision, a motion is made and seconded,
and a vote is taken on the motion presented.
Variance approvals require an affirmative vote of 4 members of the Board.
* Those who speak please identify yourselves for the meeting record.
Regular Session - To begin no earlier than 6:00 p.m.
Call to order: 6:01 p.m.
Chair Moore led the Pledge of Allegiance. Moore presented the Order of Business and how the
meeting would be run.
(The Board may, at any time, recess the Regular Session to convene an Executive Session at the
request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized
by the Open Meetings Act, Texas Government Code Chapter 551.)
1. Action from Executive Session. There was not an Executive Session.
2. Consideration and possible action on the Minutes of the regular Zoning Board of
Adjustment meeting of the March 21, 2006.
Motion by Ross to approve the minutes. Second by Lawson. Approved 3-0. (Lampinstein
abstained.)
Zoning Board of Adjustment Minutes, April 18, 2006 Page 2 of 4
3. Public hearing to Consider a Variance to Section 12.02.020 of the Unified Development
Code (UDC) to allow the elimination of the required sidewalk in front of Lot 15A and 15B,
Block A, Parkview Estates, Section 5, also known as Parkview Dollar General, located at
1801 North Austin Avenue.
This item was rescheduled to be on the agenda of the May 16, 2006 meeting, at the
applicant’s request.
4. Public hearing to Consider a Variance to Section 5.02.200 (E) of the Unified Development
Code (UDC) to allow for the sale, rental, or lease of greater than 20 motor vehicles on the
property, in association with a future vehicle sales facility for 4.58 acres in the Antonio
Flores Survey, located on North Austin Avenue.
Staff report was given by Bobby Ray. This property is located on North Austin Avenue and
was recently rezoned from RS, Residential to C-3, General Commercial. It was noted during
the Planning and Zoning Commission meeting on March 7, 2006 that Section 5.02.200 (E) of
the Unified Development Code requires that no more than 20 vehicles can be kept on-site at
a vehicle sales facility within the C-3 zoning district. The limited use standard within the C-
3 zoning was included in the UDC accidentally. The intended regulation was to require
vehicle sales, rental or leasing facilities to apply for a Special Use Permit within the C-3
district. This section of the UDC is being amended and the Council’s second reading and
approval is scheduled for May 11, 2006. Staff recommends approval of this variance request
to allow the on-site storage of 300-400 motor vehicles on this site.
The applicants, Steve Littlefield was available to answer questions.
Lampinstein asked about the long-term affect of issuing a variance. Ray responded that if a
variance was given, the result would be the same as a Special Use Permit. The Variance
would convey with the land.
Moore opened the Public Hearing. No one came forth to provide comments. Moore closed
the Public Hearing.
Motion by Lampinstein to approve the requested variance from UDC Section 5.02.200 (E)
to allow the on-site storage of 300 – 400 motor vehicles, where there is a limit of 20, based on
the findings of fact listed by staff, for 4.58 acres in the Antonio Flores Survey, Abstract No.
235, located on North Austin Avenue. Second by Lawson. Approved 4-0.
5. Public Hearing to Consider a Variance to Section 9.03.020 (B) of the Unified Development
Code (UDC) to reduce the width of the required drive aisle to 25 feet where 26 feet is
required, Section 4.05.040 (D) 6 of the UDC to reduce the required rear buffer of 10 feet and
the required rear yard of 15 feet to allow a 5 foot rear yard, and Section 8.04.020 (D) 1 to
reduce the required planting strip to 5 feet where 10 feet is required, for Lot 1, Block 2,
Crestview Addition, Unit 1, located at 1602 Williams Drive.
Jennifer Bills presented the staff report. The applicant is requesting several variances and is
located at the corner of Williams Drive and Rivery Boulevard. This is a previous residence that
Zoning Board of Adjustment Minutes, April 18, 2006 Page 3 of 4
is being converted to an office. The applicant wants to place 11 parking spaces behind the
structure and with the UDC required lot standards, the 11 spaces do not fit on the property. She
stated the applicant is requesting a variance from Section 4.05.040 (D) 6, requiring a 10 foot rear
Type C buffer yard and Section 4.05.040 (D) 11, requiring a 15 foot rear yard, instead requesting a
reduction of both elements to 5 feet. Similarly, the applicant would like a variance from Section
8.04.020 (D) 1, requiring a 10 foot planting strip, to reduce the size to 5 feet. A variance from Section
9.03.020 (B) requiring two-way drive aisle to be a minimum of 26 feet wide is also sought, and a 25
foot drive aisle to be built instead. These variances would reduce the total required footage by 11
feet, allowing all of these elements to fit into the site plan, at a reduced size. Staff recommends
denial of all these requests and proposed alternative buffer yard of 5 feet, a rear yard setback of 5
feet, a 5 foot planting strip and allowing a 25 foot drive aisle for the portion of the rear yard that
runs the length of the 6 parking spaces that are required.
David Voelter, the applicant’s agent stated the case and presented pictures of the property to show
why more than the 6 required parking spaces are being proposed and the need for these spaces
based on the design and use of the building.
Board members deliberated the issue and asked questions. Ross inquired about the reasoning of
the restrictions in this area. Bobby Ray explained the intent of the Williams Drive Corridor district.
It was discussed that the applicant’s son owned the adjacent property on Williams Drive and there
was a discussion of shared parking. This did not seem to be an option as the other property wants
more parking also. Lawson clarified that the number of parking spaces, creating the need for a
variance request was the applicant’s choice.
Moore opened the Public Hearing for citizen comments.
Ken Jackson, of 1602 Williams Drive, the owner of the property, spoke to the issue of parking
spaces needed to run both his CPA business and his son’s legal business. He stated in order for
this space to be utilized as an effective business office, it would need more parking allowances.
Gwen Lierman, of 1603 Oak Lane, is the owner of the property behind the applicant’s property and
spoke against this request because of the stone wall buffer behind her house. She also questioned
the number of driveway cuts to Williams Drive. She was assured that the two properties, 1602 and
1604 Williams Drive would share a driveway.
Moore closed the Public Hearing. Board members deliberated the issue and discussed the intent of
the area.
Motion by Lawson to deny the Requested Variances from Unified Development Code Section
4.05.040 (D) 6 requiring a 10 foot wide rear buffer yard, Section 4.05.040 (D) 11 requiring a 15
foot rear yard, Section 8.04.020 (D) 1, requiring a 10 foot planting strip, Section 9.03.020 (B)
requiring two-way drive aisle to be a minimum of 26 feet wide for the entirety of the rear yard
and drive aisle, based on the findings of staff. Second by Ross. Variances were denied 4-0.
Zoning Board of Adjustment Minutes, April 18, 2006 Page 4 of 4
Motion by Lampinstein to approve Variances from Unified Development Code Section 4.05.040
(D) 6 allowing a 5 foot buffer yard where a 10 foot yard is required, UDC Section 4.05.040 (D)11
allowing a 5 foot rear yard where 15 feet is required, UDC Section 8.04.020 (D)1 allowing a 5
foot planting strip where 10 feet is required and Section 9.03.020 (B) allowing a 25 foot drive
aisle where 26 feet is required, for the portion of the rear yard that runs the length of 8 parking
spaces that are 2 more than is required by the Unified Development Code. Second by Ross.
The vote was 3 in favor and 1 opposed (Lawson). The motion did not pass, based on needing
4 full votes (75% of total 5 member Board) to pass.
6. Comments from Board. There were no comments from the Board.
7. Comments from Director. Bobby Ray stated that Staff is proposing an amendment to the
UDC requiring applicants to submit a Site Plan with all proposed rezonings to avoid future
problems with the site and decreasing the number of variances requested.
Moore adjourned the meeting at 7:16 p.m.
__________________________________ _______________________________
Approved, Will Moore, Chair Attest, Patrick Lawson
