HomeMy WebLinkAboutMinutes_ZBA_06.17.2008Zoning Board of Adjustment Minutes June 17, 2008 Page 1 of 4
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
June 17, 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; Marjorie
Herbert; Jenel Looney
Absent: none
Staff present: Elizabeth Cook, Planning Director; Valerie Kreger, Planner III; Cathy Sisk, 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.
(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 June 17th meeting.
Motion by Watson, to approve the April 15, 2008 minutes with corrections. The minutes
incorrectly identified Watson as opening the meeting. They will be corrected to say Chair
Lawson opened the meeting. Second by Herbert. Approved 4-0. (Looney abstained from
voting.)
Zoning Board of Adjustment Minutes June 17, 2008 Page 2 of 4
3. Public Hearing to consider a Variance from the requirements of the RS Residential Single-
Family District related to the expansion of existing nonconforming structures including
setbacks and yard requirements for 501, 503, 505 and 507 College Street in the Shell
Addition, Block 19 (w/pt). (VAR-2008-003) (VK)
Kreger presented the application for a variance to the expansion of existing nonconforming
structures. There are four existing residential structures on sites, built in the 1950’s.
Lampinstein asked about trees at 502 College Street, Kreger explained that trees could be
saved within reasons.
Sparkman explained houses on the property are rental units. Sparkman purchased property
with the intention of renovating and remodeling the existing houses. The applicant would
like to reconfigure the parking to allow the tenants of each building to park onsite and
remove parking from College Street. Proposed new parking will provide each residence
with a two car garage at the rear of the structure with shared driveway access. Garages will
be placed at southwest corner of each house, continuing the existing building line of the
structure. The shared driveway will be a 16 foot wide, one-way through connection from 5th
Street to 6th Street. The applicant believes that these changes would improve the quality of
the site and the area in general.
Lawson at this time welcomed and introduced Jenel Looney as the new Zoning Board of
Adjustment member. She was not able act on items due to the timing of her appointment to
the Board.
Larkin Tom of 502 South Walnut, spoke in support of Sparkman request.
Watson, Herbert likes improvements to neighborhood and property in Old Town. Herbert
asked about trees and landscaping. Watson talked about the fence at the rear property line.
He suggested that they reconsider placing the fence, as enclosing the alley way could cause
security and safety issues because the yards would not be visible. He also wanted to make
sure the tenants would actually park in garage and not on street. Lampinstein, suggested
that large trees on 505 and 507 College Street be saved. The Board had Kreger clarify that
rear setback would be reduced from 10 feet to 5 feet and the side building line would
encroach 3 1/2 feet into the required side yard.
Motion by Herbert to approved the requested Variance. Second by Lampinstein. Approved
4 - 0. (Looney abstained from voting.)
4. Public Hearing to consider a Variance to the UDC regarding required side and rear yards
for a detached garage for Lost Addition, Block 61 (pt), located at 516 West 10th Street. (VAR-
2008-004) (VK)
Kreger presented the report for a variance to the Unified Development Code regarding
required side and rear yard setbacks for a detached garage.
Zoning Board of Adjustment Minutes June 17, 2008 Page 3 of 4
Kreger recommended denial, however the variance would not represent a substantial
detriment to public health, safety, welfare or harm to other property in the area. There is no
physical hardship to this case to support a variance to the rear setback. Kreger explained no
permits were obtained for the construction of the new structure. However, as the old
structure was in poor condition, the new structure does represent an improvement to the
site.
Herbert asked what it would mean to deny a variance. Kreger stated in this case it would
mean the total removal of the new structure. Herbert asked why a permit was not obtained
by the builder and Kreger respond that she was not sure on that aspect. Lampinstein asked
if the variance was approved, what, if any, changes to the structure would be required.
Kreger replied that there would be some changes to the structure required. According to a
city building inspector, due to the proximity of the structure to the property line, fire walls
would need to be added as a safety measure.
Montgomery purchased property as a home for her mother, so she could live close to her.
Montgomery’s mother is currently using structure as a storage and hobby area, with the
carport used for parking. Montgomery explained that the lot is small and there is no other
place for the garage. If moved to the right, there would be no way to navigate a vehicle
safely, as the driveway would be too close to the corner of house. This would also encroach
on a large existing oak tree. Montgomery stated that she is requesting a variance after the
fact.
Tom Norrell, Helen Robinson, and David Gaston, spoke in support of new garage. The
neighbors were quite happy to have the old shed removed, as it was dangerous and
deteriorated. Seven letters of support are part of the file.
The Board’s findings are there are extraordinary conditions of the property that warrant the
variance. The previous structure was in poor conditions and new structure does represent
an improvement to the site and area. Herbert talked about the structure began
grandfathered in, if builder would of applied for permit prior to reconstruction it would of
enabled them to make improvements to the garage.
Motion by Lampinstein to approve to the requested variance. Second by Watson. Approved
4 – 0. (Looney abstained from Voting.)
5. Public Hearing to consider a Variance to the UDC regarding sign setbacks for Village Park
PUD, Lot 4, located at 1950 South Austin Avenue. (VAR-2008-005) (VK)
Kreger presented the variance regarding sign setbacks. Kreger stated the existing signage
encroaches in the Austin Avenue right-of-way and the replacement will bring the signage
closer to meeting current regulations. Staff recommended approval of the variance.
Dinh, the owner of property has requested to place the sign at the edge of property line,
similar to several other business signs within this area of Austin Avenue.
There are no required findings on which to grant or deny this request. Per Section 10.06.010,
of the Unified Development Code requires freestanding monument signs located in the C-1
zoning district. Board has clarified setbacks and public utility easement along Austin
Zoning Board of Adjustment Minutes June 17, 2008 Page 4 of 4
Avenue. The board agreed to reduce the sign setback to zero feet, however they required the
applicant to stay out of right-of-way along Austin Ave.
There were no protesters in support or in denial.
Motion by Lampinstein to approve the requested variance. Second by Watson. Approved
4 – 0.
6. Public Hearing to consider a Variance to the UDC regarding parking in required rear yards
for Ischy Subdivision, Lot 1, also known as Stacy Group Office Building, located at 4901
Williams Drive. (VAR-2008-006) (VK)
Kreger recommended approval of the requested variance to allow parking to encroach 15
feet into the required 25 foot rear yard setback.
Board expressed concern about the location of the parking, the required landscaping, and
the amount of paving that will be done for the parking surface.
Applicant was not present at the hearing.
No protesters were present.
Lawson expressed concerns about the actual need of the variance as the applicant was
compensated when the additional Right of Way (ROW) was acquired but saw no public
detriment.
Kreger confirmed that the requested variance only covered the parking area and driveway.
The applicants would still be required place a buffer by adjoining residential properties.
Motion by Watson to approve the requested variance. Second by Lampinstein. Approved 4 – 0
(Looney abstained from voting.)
7. Comments from Staff. Director Cook wanted the Board to know that Planning and
Zoning Commission are considering adding a second monthly meeting to thier schedule.
8. Comments from Board Members. The Board once again welcomed Jenel Looney.
9. Chair Lawson thanked everyone for coming.
Meeting adjourned at 7:32 p.m.
__________________________________ _______________________________
Approved, Patrick Lawson, Chair Attest, Earl Watson, Secretary
