HomeMy WebLinkAboutMinutes_ZBA_01.18.2011Zoning Board of Adjustment, January 18, 2011 Page 1 of 3
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
January 18, 2011 at 6:00 P.M.
City Council Chambers
101 E. 7th Street, Georgetown, Texas 78626
Members: Leo Wood, Chair; Tom Crawford, Vice-chair/Secretary; Ellen Davis, Dustin Elliott
Absent: Ercel Brashear
Staff Present: Elizabeth Cook, Community Development Director; Valerie Kreger, Principal
Planner; Carla Benton; Avery Craft, 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 October 19, 2010. Motion by Crawford to approve the October 19, 2010
minutes. Second by Davis. Approved (4-0)
3. Public Hearing and possible action on a Variance to Section 6.05.020.C of the Unified
Development Code (UDC) to allow a building in the setbacks at Heritage Oaks, Section 4B, Block
1, Lot 51, located at 5132 Hidden Springs Trail.(VAR-2010-005) CB
Zoning Board of Adjustment, January 18, 2011 Page 2 of 3
Staff report given by Carla Benton. The property owner is requesting a Variance from the
Zoning Board of Adjustment to permit a building to encroach approximately 13’8” into a
platted 20-foot rear setback. Section 06.05.020.C of the UDC (Features Allowed Within
Required Setbacks), does not provide an allowance for buildings within the setbacks.
The applicant is requesting variance to the setback based on the unusual configuration of
the lot and the fact that the lot backs up against a platted drainage/open space lot, so that
no residential lot to the rear will be impacted. The current rear setback for residential lots
in the UDC is ten (10) feet. The platted rear setback for Heritage Oaks is 20 feet.
Benton states that the purpose for setbacks is to ensure appropriate separation between
uses. For residential properties, setbacks provide fire protection between buildings,
aesthetic benefits of open or green space and a sense of privacy.
In general, lots are designed in double blocks with residential lots backing up to other
residential lots. The requested variance is to a rear setback for a lot that does not have a
residential lot to the rear and the typical purposes of the setback is provided by the open
space/drainage lot located along the rear.
The proposed residence is to be 20 feet from the rear property line on the longest side of
the lot, meeting the 20-foot setback if the lot had been a typical rectangular shaped lot.
The residence also meets the front 20-foot setback, being 42 feet from the front property
line at it’s farthest point. Therefore, if the lot had been of rectangular shape there would
have been an additional 22 feet plus of additional area for locating the house within the
proper setbacks. The reconfiguration from the typical rectangular shape for this lot at
opposite corners, being the front for the cul-de-bubble and the rear for the drainage/open
space lot, have created an unusual condition under which they are attempting to build.
Changes in the UDC have removed the option for requesting the current UDC setback
standards over the older previously platted setbacks. The rear setback for residential lots
in the UDC is ten (10) feet and the platted rear setback for Heritage Oaks is 20 feet, in
which case, the applicant still would be requesting a variance for the additional 3’8”.
The lot consists of 8,346 square feet (s.f.) and the footprint (including garage) space of the
proposed residence is 3,447 s.f. The maximum rectangular footprint that could be
accommodated on this lot is approximately 2,700 s.f. (including garage).
Benton concluded that staff does not recommend approval on the Variance.
Applicant Alan Petty with Jimmy Jacobs Custom Homes stated that owners Renee
Transou and Janet Zajicek found a lot to purchase in Georgetown to build their dream
home on. Although a variance to the setback of the property was granted by the Heritage
Oaks Neighborhood Association, the City requirement for a variance was learned while
requesting a building permit.
Chair Wood opened the Public Hearing. No one came forward to speak.
Chair Wood closed the public hearing.
Zoning Board of Adjustment, January 18, 2011 Page 3 of 3
Motion by Crawford to approve a Variance to Section 6.05.020.C of the Unified Development
Code (UDC) to allow a building in the setbacks at Heritage Oaks, Section 4B, Block 1, Lot 51,
located at 5132 Hidden Springs Trail. Second by Davis. (Approved 4-0)
4. Motion to adjourn at 6:23.
Approved, Gene Facey, Chair Attest, Tom Crawford