HomeMy WebLinkAboutMinutes_ZBA_12.19.2006Zoning Board of Adjustment Minutes, December 19, 2006 Page 1 of 5
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
December 19, 2006, at 6:00 p.m.
City Council Chambers
101 E. 7th Street, Georgetown, Texas 78626
Members present: William Moore, Chair; Earl Watson, Secretary
Alternates present: Steve Lampinstein, Dale Ross
Members absent: Jim Jarvis, Ann Snell, and Richard Vasquez III
Staff present: Jennifer Bills, Planner; Melissa McCollum, Planner; Stephanie McNickle, Planning
Specialist; David Munk, Development Engineer; Bobby Ray, Planning Director; 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.
Chair Moore called the meeting to order at 6:03 p.m. and asked the two alternates, Ross and
Lampenstein, to serve on the dais.
(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 Board of Adjustment
meeting of the November 21, 2006 meeting.
(Chair Moore skipped directly to item number 3.)
Zoning Board of Adjustment Minutes, December 19, 2006 Page 2 of 5
3. Public Hearing to consider a variance to Section 12.02.020 requiring construction of
sidewalks along public right-of-ways for Lots 5 & 6, Fountainwood Plaza, located at 5404
Williams Drive (VAR 2006-016).
Bills presented the staff report. This site is the future home for the San Gabriel Presbyterian
Church. The property was annexed into the city limits in 2000. It was rezoned to C-3,
General Commercial, with restrictions in 2005. A site plan for the church was approved on
July 10, 2006. The applicant is requesting a variance from the requirement to construct a
sidewalk that runs parallel to the street. The applicant’s basis for the variance is because
they believe that future Texas Department of Transportation expansion of Williams Drive
will eventually remove the proposed sidewalk and will have to be replaced and the
properties to either side of the subject property do not currently have sidewalks.
Bills reported that she conferred with a representative from TxDOT and that the
representative stated that the right-of-way for the expansion has already been acquired. The
sidewalks shown on the site plan will be on private property. As for any disturbance
during the construction, TxDOT’s policy is to replace any sidewalk that might get damaged
in construction. Additionally, the applicant has the option of placing a bond with the city
for the sidewalk construction and building after TxDOT finishes construction. Staff
recommends denial of this request based on the lack of findings of fact, time and economical
reasons are not applicable reasons for granting a variance.
Commissioner Watson asked when the sidewalk plan became effective. Bills replied the
sidewalk plan was adopted in 2000 and the site plan, showing the sidewalks, was submitted
in 2006.
Bobby Ray addressed the Board and explained that the original application for the project
was based on a site plan variance. The City Attorney has said this is also a platting issue
that should be addressed by P&Z and City Council. Ray discussed the process of issuing a
variance versus a plat amendment.
William Holland, the applicant, representing the church, introduced himself. He provided
arguments for granting the variance that were listed on the application, and adding that it is
a safety issue to have pedestrians on Williams Drive. He also does not want to be the first
person in the “neighborhood” to build a sidewalk to nowhere. He thinks sidewalks on
major thoroughfares is poor planning. He says he will put the sidewalk in later, but wants
the flexibility to put it in when he feels it is necessary.
Lampenstein asked Mr. Holland how the city could insure that the sidewalk would be built
in the future. He asked if a bond could be done. Mr. Holland said he could, but
economically that is not what the church wants to do.
Watson asked Mr. Holland why he didn’t ask for the variance at the beginning of the
project. Holland responded that they were trying to adapt to this area and be logical in the
process.
Zoning Board of Adjustment Minutes, December 19, 2006 Page 3 of 5
Watson questioned the difference in the responses of TxDOT reported by applicant and
staff. Holland responded that they must have talked to different people at TxDOT because
he was told that most of the ROW was on the other side of Williams Drive.
Moore asked staff to clarify. David Munk responded that he didn’t know why the answers
were different, but that TxDOT’s track record was good in replacing property if they
damaged it. Moore also asked if development on either side of this property would have
the same requirements. Staff responded yes, they would.
Watson attempted a motion that began several other discussions and motions. Please see the
attached Transcription Notes for further details.
The Variance was denied 4 – 0.
Chair Moore opened Item number 2.
2. Consideration and possible action on the Minutes of the regular Board of Adjustment
meeting of the November 21, 2006 meeting.
Motion by Ross to approve the Minutes as posted. Second by Watson. Approved 4 – 0.
4. Comments from Staff. No comments.
5. Comments from Board Members. No comments.
Meeting was adjourned by the Chair at 6:57 p.m.
__________________________________ _______________________________
Approved, Will Moore, Chair Attest, Earl Watson, Secretary