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HomeMy WebLinkAboutMinutes_ZBA_01.05.2012Zoning Board of Adjustment, January 5, 2012 Page 1 of 4 City of Georgetown Zoning Board of Adjustment Meeting Minutes January 05, 2012 at 6:00 P.M. City Council Chambers 101 E. 7th Street, Georgetown, Texas 78626 Members: Gene Facey, Chair; Dustin Elliot, Vice-chair; Ellen Davis, Secretary; Dustin Elliott Absent: Staff Present: Elizabeth Cook, Community Development Director; Valerie Kreger, Principal Planner; Carla Benton; 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 September 20, 2011. Motion by Dustin. Send email to Ms. Davis. regarding minutes. 3. Review and discussion regarding UDC regulations and procedures for consideration of a Special Exception for a Nonconforming Situation. Staff report by Valerie Kreger. acception to the rules and regulations. variances are very strict and follow the rules. chapter 14. special exceptions are more lenient. Zoning Board of Adjustment, January 5, 2012 Page 2 of 4 Reviewed over the chapter 14 get a copy of the handout from valerie. Difficult to meet setback regulations. each situation is different and asking zba to listen to the staff report and making sure the criteria’s are met. very open to what is considered reasonable. Situations with the uses. 4. Public Hearing and possible action on a Special Exception per Section 14.05.050 of the Unified Development Code (UDC), Abandonment of a Nonconforming Site for River Hills, Block A, Lot 19, located at 101 River Hills Drive. (SE-2011-005) Carla Benton Staff report by carla benton. be allowed to retain the existing driveway and lessen by one parking lot. farly run down. SE gives them an opportunity to review. There are nine parking lots. Retain is and add minimal number of traffic. only subdivision to use the entrance and minimal number of traffic using the driveway. Generally realtors work out of their home and only 3 staff onsite. Relocation of the parking to the west. staff is supportive of their request. asked for a reduction in the number of parking spaces. Additional one total of 10 spaces. do not usually allow parking in the setback. property opposite of the project is a commercial lot. TXdot does allow sides on the north side of the road. Requesting to be relieved of the sidewalk project. Recommendation is with conditions. See staff report regarding conditions. Invites the applicant. Scott Stribling. cost of rehabilitating the site is expensive. cost is a factor. Thanks staff for their help. 28 employees. why did they start spending more before getting approved. Approval by application and not by property. use change to another office use would still carry over. Open public hearing closed public hea;ring Motion to approve by crawford Second by Dustin listen to tape. Motion by provided. 5. Public Hearing and possible action on a Special Exception per Sections 14.04.050 and 14.05.050 of the Unified Development Code (UDC), Abandonment of a Nonconforming Structure and Abandonment of a Nonconforming Site, for 0.42 acres in the L.J. Dyches Survey, located at 4307 South IH-35. (SE-2011-004) Mike Elabarger Staff report by Mike Elabarger. The property is under one-half acre in size and contains a 2,900 SF building and several paved areas for parking, with the most prominent feature being a significant stand of live oak trees with a 60’ wide canopy in front of the building. The property was considered “legal nonconforming” for both the site and the building, as they were established and built many years before the current City regulations were created and enacted. Upon research, it was determined that both structure and site had been deemed abandoned per Section 14.01.060, and then subject to Sections 14.04.050 and 14.05.050 of the UDC, respectively. Re-use of an abandoned property then requires Zoning Board of Adjustment, January 5, 2012 Page 3 of 4 compliance with all current Code requirements unless Special Exception relief is granted by the Zoning Board of Adjustment (ZBA). Therefore, the applicant is requesting Special Exception approval from the ZBA for relief from certain requirements of the Unified Development Code (UDC) regarding the parking lot drive aisles, landscaping, and setbacks. The applicant has worked with several members of City Staff in the Community Development Department over the last nine-plus months to investigate the steps necessary to get a tenant legally into this building/property for his client. Following a lengthy investigation into the property’s occupancy status, it was determined that the property has officially been abandoned – for use, structure, and site - as defined by the UDC (Section 14.01.060). Because o f this abandonment status, the property is then subject to all applicable current regulations of the UDC. The applicant has determined that one aspect of the structure, and several for the site, do not or cannot meet all current Code requirements, and thus, per Section 14.05.050, the applicant is exercising the option to seek Special Exceptions from the ZBA for certain levels of relief. Staff is supportive of all but one of the requests. Staff feels that parking lot screening can and should be provided as required. For all other matters regarding the structure and the site, by not requesting Special Exception relief, the applicant is stating that they are – or will become – compliant with all other subsections of Sections 14.04.050 and 14.05.050. Chair Facey invited the applicant to speak. Mark McIlheran, P.E., representing the applicant stated the goal is to get the property productive. Chair Facey opened the Public Hearing. Richard Session, stated his history with the owner and the financial stress that was placed on him while dealing with the owner. Motion by Elliot approval of the following Special Exception requests: 1. Reduction of parking lot drive aisle width in one location. 2.A. Reduction in width of the Gateway Overlay District buffer by 13 feet. 2.B. Parking lot shade tree proximity to each space. 3. Encroachments into/reductions of side and rear setbacks in several locations. And denial of the following Special Exception requests: 2.C. Reduction in the amount and location of parking lot screening. Second by Sensabaugh. Approved. (5-0) 6. Motion to adjourn. 6:58pm Approved, Gene Facey, Chair Attest, Ellen Davis Zoning Board of Adjustment, January 5, 2012 Page 4 of 4