HomeMy WebLinkAboutMinutes_ZBA_12.15.2009Zoning Board of Adjustment Agenda, December 15, 2009 Page 1 of 3
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
Tuesday, December 15, 2009 at 6:00 P.M.
City Council Chambers
101 E. 7th Street, Georgetown, Texas 78626
Members: Leo Wood, Chair; Steve Lampinstein, Vice Chair; Marjorie Herbert, Jenel Looney.
Absent: Patrick Lawson
Staff Present: Valerie Kreger, Principal Planner; Robbie Wyler, Historic Downtown District,
Planner; Stephanie McNickle, 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: 6:00 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.)
1. Action from Executive Session. There was no Executive Session.
2. Consideration and possible action on the Minutes of the regular Board of Adjustment
meeting on November 19, 2009
Motion by Lampinstein to approved the November 19, 2009 minutes. Second by Herbert.
Approved. (4-0)
Public Hearing and possible action on a Special Exception for a setback modification for the
expansion of a residential structure located in the Old Town Historic Overlay, for Clamp’s
Addition Revised, Block A (nw/pt), located at 803 S. College Street. (RW) EXP-2009-001
Staff report given by Robbie Wyler. The applicant is requesting Special Exception approval to
build a 3,651 square-foot, three-story addition onto the existing 5,138 square-foot house. A
portion of the addition will be built in the same location as a former detached structure that was
demolished after approval was granted from the Historic and Architectural Review
Zoning Board of Adjustment Agenda, December 15, 2009 Page 2 of 3
Commission (HARC). The structure was located within a required setback and the owners are
asking to build the addition at that same setback encroachment due to the configuration of the
property and to keep alterations to the historic house to a minimum.
The Unified Development Code (UDC) requires there be at least a 6-foot side setback and a 10-
foot rear setback. The first story side encroachment will range from 4 feet 2 inches to 1 foot 5
inches from the side property line and 3 feet 8 inches from the rear property line. Beyond the
first story, the remaining portion of the expansion will be compliant with UDC regulations. All
portions of the addition that encroach into setback will remain below 15 feet in height as
required by UDC Section 4.09.040.C.2, that states any building that encroaches into the
minimum setbacks of the Code by an approved Special Exception for setback modification shall
be limited to fifteen (15) feet in height.
The applicant’s reason for maintaining the setback encroachment is to utilize area that, up until
recently, had a standing structure.
The applicant prefers to preserve the front, back and side yards of the historic property in
addition to keeping most of the windows on the original house. The applicant would not be
losing any backyard with the current proposal. An addition in any other location would
require alterations to the structure that would be more visible from the street. UDC Section
4.09.040, Special Exception for setback modification, allows the new addition to encroach into
the setback with approval from ZBA.
On August 27, 2009, the Historic and Architectural Review Commission (HARC) approved the
demolition of an 837 square-foot detached structure that included a garage and living space.
The applicant provided evidence that the garage was in poor condition and could not be rebuilt
or used as part of the overall expansion project.
With the structure gone, the applicant is now required to meet all current setback regulations
and is requesting setback modification to allow for the expansion to the house where the former
structure once stood. The new addition will be 71% the size of the main house, but will be
mostly outside of the rear and side setbacks, as previously mentioned.
As stated in the report, the applicant only needs approval for the first story portion of the
addition that will extend into the required side and rear setbacks. The applicant will be
constructing the remaining portions of the expansion outside of the current setback.
Per UDC Section 4.09.040.B, Review Criteria for Special Exception for Setback Modification, the
Zoning Board of Adjustment (Board) shall base a decision to allow setback modification on
review of the factors included in this Section as well as the site’s specific circumstances.
Staff recommends approval of the Special Exception for the proposed setback modification to
allow the described addition of the house within 4 feet 2 inches of the property line at the
southwest corner of the addition, within 1-foot 5 inches of the side property line at the southeast
corner, and within 3 feet 8 inches of the rear property line. The addition will be no taller than 15
feet within setbacks, as depicted in Exhibit 3. Further, staff wants to remind the Board that they
should consider both UDC Section 4.09.040.B, noted above, and the intent of the applicant when
determining whether or not to grant the Special Exception.
Chair Wood invited the applicant to speak. Todd Cox, applicant stated he has put in a lot of
time and work into the project. He wants to follow the proper steps and wants to get back to
working on the project. He has put into a lot of love and care into the house and wishes to
continue. He will be glad to answer questions.
Zoning Board of Adjustment Agenda, December 15, 2009 Page 3 of 3
Commissioner Herbert reviewed over the criteria to meet the guidelines. Staff stated these are
just guidelines and are not policies needing to be followed. Staff stated City Permits can not be
given unless the Special Exception passes.
Height of the house will remain the same.
It will only be residential and the owner plans to live there.
Chair Wood opened the Public Hearing.
Will Moore, 507 Walnut Street, was pleased the percentages were brought up. 441% is outrages
and does not understand staff is approving it. We should not ignore the guidelines. Staff should
have brought this to the attention to the applicant. Only justification was that he was given
prior approval. He needs to go back to the drawing board. ZBA can not approve only to allow
the convenience of the applicant.
Jay Newson, 604 E. 8th Street feels the home needs to be brought back to the original state.
George Staff, 406 S. Walnut Street can not understand why the home can’t be restored to it’s
original state. He feels his property tax will go up due to the size of the home
Peter Dana, 1101 Walnut stated the house is too big for the area.
Janet Smith, 602 E, 8th Street stated she has been following the development since it started. Her
property is on the setback which is grandfathered. She is concerned that when he encroaches in
the setback, then he is closer to her property and she will have a view of the wall. She is also
concerned that a tree will be torn down which will take away her view. She feels this building is
too big for this area.
Henri Knipper, 710 E. 8th Street stated the house is to big for the area.
Bob Hewgley, 1208 S. Austin Ave. stated he is not opposed to the building, but feels the
encumbrance is not fair to the neighbors.
Carol Harwell, 801 Walnut stated she feels the house is too large for the size of lot. There is no
outdoor living area. She is concerned with building a 10,000 square foot home that only has a
two car garage. She is concerned this property maybe set up for commercial.
Susan Firth, 1403 Olive read a letter from the Board of the Georgetown Historical Society.
Ross Hunter, 901 Walnut Street stated he is a member of the task force and deals with the
setback. He feels it will have a negatively impact to the south and to the east. He asks the
Special Exception for this application be denied.
At this time the applicant, Todd Cox stood up and stated that he wishes to withdraw his Special
Exception application at this time.
Chair Wood thanked the applicant for withdrawing his application.
Closed the public hearing.
Motion to adjourn at 6:56 p.m.
Approved, Leo Wood, Chair Attest, ______________________