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Zoning Board of Adjustment Agenda, August 16, 2011 Page 1 of 2
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
August 16, 2011 at 6:00 P.M.
City Council Chambers
101 E. 7th Street, Georgetown, Texas 78626
Members: Dustin Elliott, Vice-chair; Ellen Davis, Secretary; Tom Crawford, Gerald
Sensabaugh.
Members Absent: Gene Facey, Chair,
Staff Present: Skye Masson, Legal Assistant; Valerie Kreger, Principal Planner; Robbie
Wyler, Historic District Planner; Julie McCartney, Chief Code Enforcement Officer, Jeff
Cardwell, Residential Plans Examiner, Stephanie McNickle, Recording Secretary.
Vice-chair Elliott called the meeting to order at 6:00 p.m.
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 on September 20, 2011. Motion by Elliott to approve the July
19, 2011 minutes. Second by Sensabaugh . Approved. (5-0)
3. Public Hearing and possible action on a Special Exception for a setback
modification to allow an accessory structure to encroach 5’ into the rear setback, for
Spark’s Addition, Block 6, Lot 3, located at 2006 S. Main Street. (RW) SE-2011-002
Staff report by Robbie Wyler. The applicant is requesting Special Exception
approval for a setback modification from the Zoning Board of Adjustment (ZBA) to
allow a 16’ x 16’ accessory structure to encroach into the rear yard setback. The
property is used as a residence and includes a main dwelling and detached garage.
The subject structure was brought to the City’s attention when complaints were
submitted regarding its construction. The following is a time-line history on the
development of the structure:
04/08/11: Georgetown’s Code Enforcement department responded to a complaint
that a building was under construction in the backyard of 2006 S. Main Street.
Permitting records showed no permit was issued for the project. A door tag was
left at the property stating there was a code violation and to stop construction
until a permit has been approved and issued. Later that day the property owner,
Mr. Stephens, stopped by the Permitting office to discuss the notice. After
further discussion, the property owner submitted materials for a building permit.
04/20/11: A building permit was issued for the structure. At this point, the
structure was not completed.
05/20/11: The structure was completed. Upon inspection of the property, its
appeared the location of the structure was not consistent with the issued permit.
Code Enforcement met with the property owner to discuss this matter.
05/26/11: It was determined the plans provided for the permit did not match
what was built on site and that the structure was encroaching into the setback.
Code Enforcement spoke with Mr. Stephens and discussed options to bring the
Zoning Board of Adjustment Agenda, August 16, 2011 Page 2 of 2
structure into compliance including moving it away from the rear property line,
reducing the height or receiving Special Exception approval from ZBA.
06/02/11: A meeting was held with Mr. Stephens and staff. After further
discussion on the options for the structure, the property owner chose to apply for
a Special Exception request.
07/14/11: An application for a Special Exception for Setback Modification was
received and accepted in the Planning department and the request was set for the
August 16, 2011 ZBA meeting.
The applicant started construction of the accessory building prior to receiving the
required permits. When the building permits were eventually issued, the applicant
had already commenced with finishing the structure and upon final inspection by
the Building Inspector, did not build the structure as detailed on the permit.
Staff recommendeds denial of the Special Exception for Setback Modification to
allow the 16’ x 16’ accessory structure in the rear setback.
Chair Facey invited the applicant to speak.
Bob Stephens, 2006 S. Main Street, stated 15 copies of his proposal wereas given to
staff for review. He commended staff for their work in regard to this matter. He
stated the structure matches the house isand not in the Historic Overlay District and
noted all property behind him belongs to Mr. Pope, who is not opposed to his
building. He said there was not a complaint filed and the building is built according
to the National Electric Code. His building cost him over $6,000.
He did know there was a 10 foot setback requirementit oo, but the building was
already built. His builder thought it was a 5 foot set back. Mr. Stephens stated the 10
foot setback needs to be reviewed.
Chair Facey opened the Public Hearing, no one came forward, and the Public
Hearing was closed.
Motion by Elliot for denial of the Special Exception for Setback Modification to
allow the 16’ x 16’ accessory structure in the rear setback located at 2006 S. Main
Street due to the request being solely a matter of convenience and that there is
adequate room on the site to allow the proposed addition. Second by Sensabaugh.
Approved. Denial (5-0)
4. Motion to Adjourn at 6:26 p.m.
Approved, Gene Facey, Chair Attest, Ellen Davis, Secretary