HomeMy WebLinkAboutMinutes_ZBA_04.15.2008Zoning Board of Adjustment Minutes April 15, 2008 Page 1 of 3
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
April 15, 2008 at 6:00 p.m.
City Council Chambers
101 E. 7th Street, Georgetown, Texas 78626
Members present: Patrick Lawson, Chair, Earl Watson, Vice Chair, Steve Lampinstein, Dale Ross,
Marjorie Herbert
Absent: none
Staff present: Elizabeth Cook, Planning Director; Valerie Kreger, Planner III; Dave Hall, Building
Official and Director of Inspection Services; Patricia Carls, City Attorney; Barbara Quirk, Assistant
City Attorney; Don Janssen, Acting Fire Marshall; Jordan Maddox, Planner II; 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 Unified Development Code..
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: 6:00 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.)
Chair Lawson called the meeting to order at 6:02 p.m. The National Pledge of Allegiance was
recited.
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 January 15th meeting.
Zoning Board of Adjustment Minutes April 15, 2008 Page 2 of 3
Motion by Lampinstein to approve the minutes. Second by Watson. Minutes approved 4 –
0. (Herbert not present for this vote.)
3. Public Hearing to Consider an Appeal of an Administrative Decision regarding a denial for
the extension of a Temporary Use Permit for a Construction Field Office as provided for in
Section 5.04.040 ("Construction Field Offices") and Section 16.05 ("Definitions") as codified in
the Unified Development Code (UDC) located in Sun City Texas at 105 Coyote Trail,
Neighborhood 34. (DH) VAR-2008-002.
Herbert was seated on the dais.
Chair Lawson read the caption above and the procedures that would be followed. Dave
Hall introduced the case and gave background for his decision. He cited that his first basis
for denial was that the facility was used for purposes other than oversight of construction of
new structures in the subdivision and that the definitions in the UDC of Temporary Uses
and Construction Field Offices did not match the use of the building as customer relations
personnel were housed in this building. His second basis for denial was based on the
location of the construction field office in comparison to the construction work that was
occurring.
The City Attorney, Barbara Quirk counseled the Board that this case was not to be handled
as they would normally address a variance and that findings of fact were not required. The
Board has the authority to reverse the staff decision or let it stand based on the evidence
presented in the packets and at the meeting. She went on to say that they have the authority
to change the decision in whole or part. She advised an action of the Board would require a
concurring vote of 4 members.
Chair Lawson asked the applicant to state his case. Dino Longi represented Del Webb and
Pulte Homes with a power point presentation. He stated that since 1995 Del Webb has
operated under the Subdivision Regulations, not the Unified Development Code. He stated
the Development Agreement with the city defines who can reside in their construction
trailer and that Pulte considers Customer Relations Managers part of the Construction
Department. He cited this has been an acceptable practice in Georgetown for many years.
He also reminded the board that Pulte had been approved once for the location of this
trailer, and said the proximity to construction was acceptable then. They are building in
neighborhoods 34, 41, 42, and 43. They purposely built the trailers to blend in with the
modelhomes that they were close to and included landscaping and fencing. He requested a
reversal of the Building Officials decision and if that was not forthcoming then he asked for
sufficient time to displace the 18 employees that are housed there.
Board member Ross asked Mr. Hall what he considered construction staff and what the
trailers were like. Hall explained that his definition of construction staff were
superintendents and those that had business during the construction process. He explained
that there were currently administrative staff and staff that worked beyond the construction
phase housed in the building. He also explained that Pulte put four trailers together under
one roof to accommodate this many people under one roof as per the definition and that it
no longer met his definition of a construction trailer.
Zoning Board of Adjustment Minutes April 15, 2008 Page 3 of 3
Ross questioned the use of the Unified Development Code versus the Subdivision
Regulations and Development Agreement to which Mr. Longi referred. Ms. Carls explained
that Del Webb/ Pulte was operating under a development agreement and that the 7th
Amendment of that agreement was the most recent, and that occurred when Del Webb sold
a portion of the development. At the time of the amendment, the city agreed to freeze the
regulations in affect, being the 2001 subdivision regulations. She went on to say that the
definition of a temporary use factually and legally got you to the same place. She read the
definition for the temporary use: “Temporary buildings for construction purposes are
permitted in any district as accessory buildings during the course of construction.”
The board asked further clarifying questions of the staff. Herbert questioned Mr. Longi on
the Pulte definition of administrative staff and customer relations managers. Mr. Longi
explained that their philosophy was to have four phases of the construction process and
each employee each served 6 months in each phase. The customer relations managers
served one of those phases.
Chair Lawson opened the public hearing.
Earl Kilbride, 100 Rushmore Cove, spoke in support of Pulte’s request.
Harry Wiesner, 123 Bronco Dr, spoke in support of Pulte’s request.
Roby Sloan, 116 Saddle Trail, and using time from Ed Jasperson, 110 Saddle Trail, spoke in
opposition to Pulte’s request. He complained that there was too much traffic, too much dust
generated by the construction vehicles and the building and parking lot for the building was
an eyesore from his home.
Chair Lawson closed the public hearing.
The board debated the issue. Ms. Herbert stated she felt they needed good evidence to
oppose staff and that the permanent fence and landscaping do not meet the definition of a
temporary use.
Motion by Marjorie Herbert, "Because this use permit does not meet the requirements of the
UDC or the Regs 2001 of a temporary building for construction purposes, I want to affirm
the building official's denial of the permit and add that the applicant will have 9 months
with which to vacate the premises and make whatever arrangements are necessary to be in
compliance, starting today (April 15, 2008). Second by Earl Watson. Motion passes with a 5
- 0 vote.
4. Comments from Staff. No comments.
5. Comments from Board Members. No comments
Chair Lawson adjourned the meeting at 7:20 p.m.
__________________________________ _______________________________
Approved, Patrick Lawson, Chair Attest, Earl Watson, Secretary