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HomeMy WebLinkAboutMinutes_ZBA_07.17.2007Zoning Board of Adjustment Minutes July 17, 2007 Page 1 of 3 City of Georgetown Zoning Board of Adjustment Meeting Minutes July 17, 2007, at 6:00 p.m. City Council Chambers 101 E. 7th Street, Georgetown, Texas 78626 Members present: William Moore, Chair; Steve Lampinstein, Dale Ross, and Earl Watson. Absent: Patrick Lawson Staff present: Bobby Ray, Planning Director; Trish Carls, City Attorney; Elizabeth Cook, Principal Planner; Valerie Kreger, Planner III; Carla Benton, Planner II, Tommy Garcia, Planner I; 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 6:04 p.m. (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 held. 2. Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of April 17, 2007. Motion by Ross to approve the minutes as written. Second by Watson. Approved 4 – 0. 3. Public hearing to consider a Variance from Section 6.02.030 A of the Unified Development Code (UDC) to allow an addition, including a garage, to encroach 10 feet into the required 20-foot building setback for approximately 0.2508 acres being part of Lots 1 and 2 of the Eubank Addition, Block 7, located at 1902 Church Street. (VAR-2007-002) Zoning Board of Adjustment Minutes July 17, 2007 Page 2 of 3 Valerie Kreger reported the applicant is requesting a variance which would allow them to build a garage in the 20 foot front setback in order to preserve a 32 inch Heritage pecan tree and construct an addition to the existing house that will include a two car garage. Findings for the variance were noted as this lot was developed over 70 years ago, before site development standards were in place and a pecan tree, located in the middle of the lot has now grown over the years into a 32 inch heritage tree. The existing house is already developed with a 10-foot setback along Knight Street and has shown no indication of detriment to the surrounding properties. Other houses in the area, also built around 70 years ago within what is now the required setback would be considered for variance requirements, but this lot has the tree to consider as well which makes a special circumstance. The applicant did not cause the extraordinary conditions on this lot and the granting of the variance would not conflict with the Comprehensive Plan. Kreger noted that three letters of support have been received. The applicant, Nancy Gribble-Tay spoke and stated she had lived there 10 years and needs extra space and the ability to protect her vehicles. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Watson to approve the variance based on the Findings of Fact as recommended by staff. Second by Ross. Approved 4 -0. 4. Public hearing to consider a Variance from Section 6.03.040.B.3 of the Unified Development Code (UDC) to allow parking in the 25-foot rear setback adjacent to a Residential Single- Family (RS) zoning district for approximately 1.023 acres being Lot 14 of the River Hills Addition, Section 1, Block E, located at 100 River Hills Drive. (VAR-2007-003) Carla Benton presented the staff report. The applicant is proposing to place a Fitness Center in a building that is adjacent to residential properties. The variance request is to allow parking 15 feet into the 25-foot rear setback. The properties to the north and south of this property are zoned and developed commercial. The lot directly to the west is a vacant residential zoned lot and to the east is the frontage road of IH 35. There is a 60-foot wide LCRA utility easement for major overhead electric service that crosses the tract along the southwest corner. No buildings may be constructed within this utility easement. In order to provide maximum separation between the site entrance and the frontage road, the driveway must be located at the rear of the property, since no driveway access is allowed on the frontage road. The applicant is proposing to develop a Type C bufferyard along the back of his property to transition from Commercial to Residential uses. The applicant John O’Conner of Georgetown Fitness was available for comments or questions from the Board. Mr. O’Conner stated his biggest challenge was the LCRA easement and how to place the building on the property. He met with the neighbors a month before and promised them he would go above and beyond with buffering fencing and landscaping. The hours of operation were reported as being 5:30 a.m. to 8 – 9:00 p.m. with peak hours being between 8-9 a.m. and 4-6 p.m. Zoning Board of Adjustment Minutes July 17, 2007 Page 3 of 3 Ms. Benton presented the proposed site plan. Chair Moore opened the Public Hearing. Kay Ingrahm, 100 Hillview Drive – spoke in favor of the variance since Mr. O’Conner has been very accommodating. Chair Moore closed the Public Hearing as there were not any more speakers. Motion by Ross to grant the Variance as presented with the Findings of Fact as established by staff. Second by Lampenstein. Approved 4 – 0. 5. Public hearing to consider approval pursuant to Section 14.04.020 of the Unified Development Code (UDC) to allow the expansion of a nonconforming structure beyond the 50 percent area maximum to accommodate a proposed carport on the west side of the existing detached garage for 0.66 acres being part of the Synder Addition, Block 50, located at 1604 Olive St. (VAR-2007- 004) Tommy Garcia presented the staff report. The applicant is seeking approval of the expansion of a carport , which would expand the area of the structure by approximately 70 percent. A variance is not required, but approval of the ZBA is required. The proposed expansion will not be visible from Olive Street and visibility from Maple Street of the addition will be obstructed by several trees both near the road and near the structure. the owner has agreed that the addition will not be in the required setback. Staff recommends approval. The owner, Brent Sumner was present to answer questions. He also presented a petition signed by his neighbors when he asked for their approval. Chair Moore opened the Public Hearing. Chair Moore closed the Public Hearing as there were not any speakers. Motion by Lampinstein to approve the expansion of the nonconforming structure beyond the 50 percent area maximum to accommodate a proposed carport on the west side of the existing detached garage located at 1604 Olive based on staff recommendation. Second by Ross. Approved 4 – 0. 6. Comments from Staff. 7. Comments from Board Members Chair Moore thanked everyone for coming and bringing their comments. Meeting adjourned at 6:50 p.m. __________________________________ _______________________________ Approved, Will Moore, Chair Attest, Earl Watson, Secretary