Loading...
HomeMy WebLinkAboutZBA_Agenda&Minutes_2003Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Wednesday, December 17, 2003 The Zoning Board of Adjustment will meet on Wednesday, December 17, 2003 at 06:00 PM in the WIlliamson Room, Georgetown Municipal Complex, located at 300 Industrial Avenue, Georgetown, Texas, 78626 If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Chair, Ken Fuller, Audrey McDonald, Don Mabray, William Sattler, Cornelius Daly, Harry Gibbs Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING December 17, 2003 at 6:00 P.M. GEORGETOWN MUNICIPAL COMPLEX (GMC) WILLIAMSON CONFERENCE ROOM 300 INDUSTRIAL AVENUE, GEORGETOWN, TEXAS 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 Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * 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 Agenda: 2. Consideration and possible action on the Minutes of the November 18, 2003 meeting. 3. Consideration and possible action on a Variance from the Unified Development Code (UDC) for Lot 12, Block H of Quail Valley Section One located at 1704 Quail Valley Drive. 4. Appeal of an Administrative Decision regarding the Applicability of Unified Development Code (UDC) Section 4.09 ("Courthouse View Protection Overlay District") on Lot 3, Block 1 of San Gabriel Village Section 1 located at 11 Waters Edge Circle. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Wednesday, December 17, 2003 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Wednesday , December 17, 2003. Members Present: Audrey McDonald, Ken Fuller, William Sattler, Don Mabray, Neil Daly Members Absent: Tom Nichols Staff Present: Amelia Sondgeroth, Director of Planning & Development, Bobby Ray, Chief Development Planner, and Tammye Sharpe, Planning Specialist/Recording Secretary Minutes Regular Meeting Audrey McDonald called the meeting to order at 6:00 p.m., and then handed the meeting over to Ken Fuller. 1. Action from Executive Session. None 2. Consideration and possible action on the Minutes of the November 18, 2003, meeting. Change was made to the correction that Daly and Gibbs were not absent, but present in the audience, and the correction to the spelling of Daly's name. Daly made the motion to accept the minutes with corrections. Sattler seconded the motion, which passed with a vote of 5-0. 3. Consideration and possible action on a Variance from the Unified Development Code (UDC) for Lot 12, Block H, of Quail Valley Section One, located at 1704 Quail Valley Drive. Bobby Ray gave the staff presentation; passed around the Quail Valley plat, and informed the Board that one letter was sent to the City in support of the variance from property owner of 1705 Quail Valley. Michael Loney, owner and applicant, was present at the meeting. Loney made the Board aware that he had been in his house since September 1983; that the proposed building addition encroaches 1 foot into the 25-foot front setback; and parking is proposed to be provided on the relocated (Hunters Glen Road) driveway, which will encroach into the 25-foot front yard setback and the 7-foot sideyard setback. Ray verified that the applicant would have to remove the portion of the addition encroaching into the gas easement, or process a license to encroach. Sattler got verification from Loney that the gas line runs across Quail Valley Drive to a junction behind Loney's neighbor's house across the street. Fuller confirmed that Loney now parks in front of the house off of Quail Valley Drive. Ray used Exhibit B to explain applicant's proposed access change from Quail Valley to Hunter Glen Road. Ray made it clear that the gas line was not an issue for the Board, but the motion could have "subject to the gas line" included. Daly got confirmation from Ray that staff had no issue with residential distances regarding curb cuts. Motion was made by Sattler to accept the requested variance from Section 6.02.040(B)(3) of the Unified Development Code, and that it be subject to any other items that are necessary for license fees or clearances that need to be made in any other departments. McDonald seconded the motion, which passed with a vote of 4-1. Fuller voted against. 4. Appeal of an Administrative Decision regarding the Applicability of Unified Development Code (UDC) Section 4.09 (“Courthouse View Protection Overlay District”) on Lot 3, Block 1, of San Gabriel Village Section 1, located at 11 Waters Edge Circle. Ray informed the Board that an appeal of an Administrative Decision was not based on variance findings. Ray said that according to Section 3.14.030(C) of the UDC, the Board was being asked, in this case, to reverse, affirm or modify the administrative decision of the Director. Ray then gave the staff presentation. Ray informed the Board that on December 2nd, Planning and Zoning made a motion to recommend to City Council denial of the proposed amendment and repeal the existing language of Section 4.09 of the UDC. On December 16th, City Council voted 4-3, to approve the amendments to the Courthouse View Protection Overlay District, on the condition that the subject property be omitted from the designated corridors. Sattler got confirmation that it took 6 months to get a task force to come up with modifications and present to the Commission and Council. Ray explained the implication of each voting option: 1) if Board affirms the determination of the Director, staff can work with the applicant to come up with some sort of an approach to minimize Courthouse View impact as it is outlined in the existing Ordinance; 2) another option - applicant can wait until second reading and adoption of the amended Ordinance that Council considered last night, at which time they would no longer be subject to the Courthouse View Corridor; and, 3) to modify the amendment to the Courthouse View Protection Overlay District. Sondgeroth explained that the application that is currently "in- house" is under the current regulations and the ordinance is currently going through post amendments; and this had first reading by a 4-3 vote - there still needs to be a second reading in order to adopt the changes. Sondgeroth said that if the second reading includes the same action to exempt this particular property, then the ordinance will change, and the applicant could then re-file the application under the new regulations. Sondgeroth explained that applicant would have to wait until the second reading, which is February 18th. Sattler confirmed that the applicant could then re-apply on February 19th, and staff would have to review the site plan, which would take a matter of weeks, not months, to be approved. Don Martin, owner and applicant, gave his presentation. Martin gave background on property - last lot in San Gabriel Village and on the market for 9 years. Lot is a part of a mixed-use development that planned to have hotel, residential, retail, office and bank. Martin informed the Board that the proposed development was to be a 3-story, 66-room hotel on 4-acre lot. Martin's concern was the language in the Courthouse View Corridor being particularly vague - has no height definition, has nothing that constitutes a Courthouse view, or how long in time the view needs to be present before it was considered a Courthouse view. Martin said that he felt the intent of the Ordinance was not to protect momentary views, but to protect those views that are wide-open, and the way the ordinance is written, there is no room for interpretation - he feels that the director needs to be given the authority to interpret. Martin said his reason for bringing this before the Board was to resolve this issue so no one else would have to go through this again. Sondgeroth said that the basis for the decision of the provision under the appeal of the administrative decision is as follows: all findings and conclusions necessary to permit or appeal decision shall be based upon reliable, competent evidence (admissible in a Court of Law). Sondgeroth said the staff has prepared an attempt to find within the public hearings some indication from either the Planning and Zoning Commission or the City Council, language that would provide the specific intent by going back to the tapes and meetings of four hearings that discussed the issue. Sondgeroth read from the minutes of the policy hearing of August 7, 2003, of the City Council, under item 18, Courthouse Corridor. Sondgeroth said that what was in writing, and that Staff is going through the process of going back to the Council to improve the Ordinance. Sondgeroth said she concurs with Martin that the Ordinance does not elaborate on the purpose, on the intent of whether it should be a minimal view or a wide view - so since this was not in the Ordinance, Sondgeroth said she made her decision on what she had - which is interim, and incomplete. Sondgeroth said that she believes that is why the Council thought it very important for you to be provided the tape from yesterday evening meeting, and asked for the Staff to explain to the Commission what occurred at Council. Sondgeroth said that Council did take action to exempt Martin's particular piece of property. Sondgeroth said throughout the evidence, there is never any indication from any of the public officials as to what the intent was - whether the intent was to provide short views - glimpses - or wide broad view, while driving. This intent is what has not been obtained through the public hearings. Sondgeroth said that last night staff got a better indication of what Council wants, through the decision they made and the action of exempting the Martin site. Daly confirmed that the Council did not tell staff what would be included or not included, they did say that they did not intend to include something like the site in question. City Attorney, Carls, advised Sondgeroth to present this issue to the Zoning Board of Adjustment, as it is the cleanest administrative way to resolve the issue. Daly confirmed that the staff could not find Legislative intent, and now you have it. Martin said that Council made it abundantly clear that the intent was not to protect momentary views, and directed Staff to make changes to the Ordinance to include that the intent was not to protect momentary views. Sondgeroth told the Board that Staff had asked for a delay to identify specific Corridors, and that would require actually doing metes and bounds description. Sondgeroth said that even if we come up with what the description of what the description is, momentary vs. broad, it still will fall back to the Staff to have to make that decision - it's a difficult decision to make, because for one person momentary would not be the same as another. Gabe Sansing, 217 John Thomas, a Council member, who made the motion last night, was present to answer any questions as to what the intent was of the Council - which was not to have momentary views. Sansing said that he felt the reason Dr. Snell did not want to start over was his concern of losing what work had been done so far, and wanted to make it proceed with the amendments. Sansing confirmed that the reason for Council to exempt Martin's property was for him to be able to go ahead with the project thus showing that the intent was to have a broader view of the Courthouse, not momentary. Steve King, 315 Bowie, with Consort Incorporated (the firm who prepared the site plan for the Comfort Suites Hotel), discussed the owner being a small business man, financially committed and excited about the project. Charles Toubin, broker representing Comfort Suites owner, discussed the hotel design and accommodation plans, and was present to answer any questions. Martin discussed all the work that had been done on the Corridor. Sondgeroth said that she would like for the Corridor to be articulated. Sansing said that the Council would like to give Director authority to use her discernment on variances in the Corridor. William Sattler made the motion to deny the recommendation of the Director's Administrative Decision pursuant to Section 3.14, regarding the Applicability of the Unified Development Code, Section 4.09 ("Courthouse View Protection Overlay District") on Lot 3, Block 1 of San Gabriel Village Section 1, located at 11 Waters Edge Circle. Ken Fuller seconded the motion, which passed with a vote of 5-0. Motion to deny Director's recommendation was passed. Sattler made a motion to adjourn the meeting. Fuller seconded the motion. Motion passed. Meeting was adjourned at 7:20 p.m. /tas Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, November 18, 2003 The Zoning Board of Adjustment will meet on Tuesday, November 18, 2003 at 06:00 PM in the Development Services Conference Room, located atG If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Chair, Ken Fuller, Audrey McDonald, Don Mabray, William Sattler, Cornelius Daly, Harry Gibbs Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING November 18, 2003 at 6:00 P.M. GEORGETOWN MUNICIPAL COMPLEX (GMC) WILLIAMSON CONFERENCE ROOM 300 INDUSTRIAL AVENUE, GEORGETOWN, TEXAS 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 Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * 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 Agenda: 2.Consideration and possible action on a Variance to the Unified Development Code (UDC) for a Portion of Block D of the Morrow Addition, located at 1258 South Church Street. 3.Consideration and possible action on a Variance from the Unified Development Code (UDC) for Lot 12, Block H, of Quail Valley, Section One, located at 1704 Quail Valley Drive. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, November 18, 2003 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , November 18, 2003 . Members Present: Tom Nichols, Ken Fuller, Audrey McDonald, William Sattler, and Don Mabray, and alternates, Cornelius Daly and Harry Gibbs. Members Absent: None Staff Present: Bobby Ray, Chief Development Planner, David Munk, City Engineer, and Tammye Sharpe, Planning Specialist/ Recording Secretary. Minutes Regular Meeting Tom Nichols called the meeting to order at 6:00 p.m. 1.Action from Executive Session. None. 2.Consideration and possible action on a variance to the Unified Development Code (UDC) for a portion of Block D of the Morrow Addition, located at 1258 South Church Street. Bobby Ray gave the staff presentation, informing the Board that staff had received one letter in support. Rachel Osgood, applicant, was present to answer any questions. Ray confirmed that the city-owned alley does not serve any purpose, per Mark Miller’s letter. Nichols asked Osgood if she had plans to petition the City to buy the right-of-way. Osgood said she researched that idea, but it is beyond her financial means to request the City to abandon the property and allow her to purchase it. Sattler asked about the reasoning to set the garage so far back. Osgood said that there was a sewer line located where she could locate the garage without asking for the variance. Osgood said that placing the garage further up (over the sewer line) would be troublesome to the Water Services Department should they have any problems with the lines. Sattler asked if Osgood was going to have a concrete drive to the garage – Osgood said she would prefer a concrete apron, because of all the mud and dirt now. Ray said, that under the UDC Parking Chapter, Osgood would be required to provide a drive surface, from the street to the garage. Mabray asked about the opposing letter – Ray said that it was from the neighbor on 111 E. 16th Street. Osgood confirmed that the structure in the back of the neighbor opposing is a studio. It was verified that Osgood would have to move the proposed garage substantially forward if she was denied this variance. Ray explained that each variance needs to be dealt with case by case and to be addressed in terms of physical hardship – and most of the cases that the Board sees are in the more established, older homes, where there are some mature trees or some other physical limitation that makes it difficult to comply. Nichols made the motion to approve a variance to the Unified Development Code (UDC) for a portion of Block D of the Morrow Addition, located at 1258, -as it will not be contrary to the public interest, due to the following special conditions: 1) because of position of the water line that prohibits moving it forward, and 2) because of the existing stand of mature trees in the back; -because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant; and -such that the spirit of this ordinance shall be observed and substantial justice done. Fuller seconded the motion. McDonald asked that the driveway be paved, and wanted to put it as a condition. Ray assured McDonald that Osgood would have to comply with that requirements it is in the UDC. Discuss about the proposed driveway and utility pole location. Ray said that Osgood could get an application for encroachment to utilize the alley. Motion passed with a vote of 5-0. Variance was approved. 4.Consideration and possible action on a Variance from the Unified Development Code (UDC) for Lot 12, Block H, Quail Valley, Section One, located at 1704 Quail Valley Drive. Bobby Ray gave the staff presentation. Nichols had several questions that he would like to ask the applicant. Since the applicant was not available at the meeting, Board was inclined to postpone. Motion was made by Nichols to postpone this application until December meeting. Mabray seconded the motion, which passed with a vote of 5-0. It was settled on Wednesday, December 17, 2003, 6:00 p.m., would be the next ZBOA meeting. Sattler made the motion to adjourn the meeting. Fuller seconded, which passed unanimously. Meeting was adjourned at 6:25 p.m. /tas Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, October 21, 2003 The Zoning Board of Adjustment will meet on Tuesday, October 21, 2003 at 06:00 PM in the Council Chambers, 101 E. 7th Street, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Ken Fuller, Audrey McDonald, Don Mabray, William Sattler, Harry Gibbs and Neil Daly Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM THIS MEETING WAS CANCELLED BECAUSE THERE WAS NO QUORUM. THE FOLLOWING AGENDA ITEM WILL BE PRESENTED AT THE NOVEMBER 18, 2003, MEETING. THERE WILL BE A POSTING ON THIS MEETING AT THE CITY HALL ON THE FRIDAY PRIOR TO THE TUESDAY MEETING. (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 Agenda: 2.Consideration and possible action on the Minutes of the September 16, 2003, meeting. 3Consideration and possible action on a Variance to the Unified Development Code (UDC) for a Portion of Block D of the Morrow Addition, located at 1258 South Church Street. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, September 16, 2003 The Zoning Board of Adjustment will meet on Tuesday, September 16, 2003 at 06:00 PM in the Williamson Conference Room, Georgetown Municipal Complex (GMC), 300 Industrial Avenue, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Ken Fuller, Don Mabray, Audrey McDonald, William Sattler Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING September 16, 2003, 6:00 P.M. GEORGETOWN MUNICIPAL COMPLEX 300 INDUSTRIAL AVENUE, WILLIAMSON ROOM GEORGETOWN, TEXAS 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 Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * 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 Agenda: 2.Consideration and possible action on the Minutes of the July 15, 2003, meeting. 3. Consideration and possible action on a Variance from the Unified Development Code to allow the reconstruction and use of a nonconforming structure destroyed by natural / accidental causes, in excess of the 6 month time frame allowed by Section 14.04.010(A)(1), for 0.55 acres in the Nicholas Porter Survey, Abstract #497, located at 105 IH35 (Chuckwagon Restaurant) 4. Consideration and possible action on a Variance from Sections 12.03.020 (“Driveway Separation”) and 12.04.020 (“Driveway Spacing from Intersections” of the Unified Development Code for a Portion of Block 2 of Snyder’s Addition located at 711 East University Avenue. Certificate of Posting I, Sandra Lee, for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, September 16, 2003 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , September 16, 2003. Members Present: Tom Nichols, Audrey McDonald, Don Mabray, WIlliam Sattler, Harry Gibbs and Cornelius Daly Members Absent: Ken Fuller Staff Present: Bobby Ray, Development Planner, David Munk, City Engineer, and Tammye Sharpe, Planning Specialist/Recording Secretary Minutes Regular Meeting Tom Nichols called the meeting to order at 6:00 p.m. Other Board members present were Audrey McDonald, Don Mabray, William Sattler, Harry Gibbs and Cornelius Daly. Member absent was Ken Fuller. Staff members present Bobby Ray, Chief Development Planner, David Munk, City Engineer, and Tammye Sharpe, Team Specialist/ Recording Secretary. 1. Action from Executive Session. None. 2. Consideration and possible action on the Minutes of the July 15, 2003 , regular meeting. Audrey McDonald made the motion to accept the minutes as written. Don Mabray seconded the motion, which passed with a vote of 5-0. 3. Consideration and possible action on a variance from the Unified Development Code to allow the reconstruction and use of a nonconforming structure destroyed by natural / accidental causes, in excess of the 6 month time frame allowed by Section 14.04.010(A)(1), for 0.55 acres in the Nicholas Porter Survey, Abstract #497, located at 105 IH 35 (Chuckwagon Restaurant). Bobby Ray gave the staff presentation, indicating that the fire of June 20, 2002, destroyed the building, and applicants were here to ask for a time extension to rebuild. Archie Thompson, one of the owners, gave his presentation, giving the history of the restaurant – opened April 1, 1979 and ran it until June 15, 1986, then leased it. Thompson said that the City said it was over 50% destroyed, and the insurance said that it was rebuildable. City Fire Marshall, Tom Leggitt, asked Thompson to clear the property, which he did, except for the slab. Thompson said that they had a contract with IHOP to buy the site, but TxDOT took away the Williams Drive exit, which dissolved the contract. TxDOT has now given the Williams Drive access back to the site, with the condition of a right-in and right-out only. Thompson said that he has 6 to 7 letters of intent to build back on the property as is. Rex Womble, one of the owners, gave his presentation, stating again that the curb cut is resolved. Womble said that they would like to have another restaurant on the property again. Ray said that there was no provision that would have allowed them to extend the 6-month rebuild. Sturdy Wanamaker, 1103 Williams Drive, feels that the site is too close to his property and could be a problem if another fire broke out having his place catch on fire. Wanamaker also had issues on grease residue on his grass and parking lot from grease collector, damage to his fence, water leakage from the building units draining over onto his property and stagnating, and a trailer unit between the fence and restaurant creating a rodent problem. During discussion between Board members and applicants, it was confirmed that if variance was approved, new structure would need to be built on the existing slab and be completed within 6 months, to which Mike Mason, FTWood consultant, said he felt it would be an impossibility with no design - also, cannot waive ADA or TCEQ - and if not completed within time frame, have to come back before BOA to extend time again (which is not a sure thing); if variance is denied, then building would have to be built under the UDC. Different uses have been looked into - Jiffy Lube, service station - applicant desires to build some sort of restaurant again. Suggestion from applicant of building a concrete block wall between Wanamaker's and applicant's properties for fire protection. McDonald made the motion to deny a variance to allow the reconstruction and use of a nonconforming structure destroyed by natural / accidental causes, in excess of the 6 month time frame allowed by Section 14.04.010(A)(1), for 0.55 acres in the Nicholas Porter Survey, Abstract No. 497, located at 105 North IH-35 (Chuckwagon Restaurant), -as it will be contrary to the public interest due to the lack of any special conditions; -because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant; and -such that the spirit of this ordinance shall be observed and substantial justice done. Mabray seconded the motion, which passed with a vote of 4-1, Harry Gibbs opposing the motion. Variance was denied. 4.Consideration and possible action on a Variance from Sections 12.03.020 (“Driveway Separation”) and 12.04.020 (“Driveway Spacing from Intersections”) of the Unified Development Code for a Portion of Block 2 of Snyder’s Addition located at 711 East University Avenue. Bobby Ray gave the staff presentation, indicating the applicant’s request for a variance to allow the conversion of the property from residential to office while maintaining the existing driveway configuration and the use of the circular drive for the proposed business would be as a “right-in” – “right-out” with the northerly drive used as the entrance and the southerly drive as the exit. Kenneth Evans, owner, gave his presentation. Evans said he has lived in the historical house since March 1992, and the home was zoned RM-3 at that time. Zoning has since changed to Office under the new UDC. Evans said that he had a perspective buyer that wanted to move his office into the home, and wanted a variance to use the existing driveway configuration, so they can keep it as a historical structure by not changing anything inside or outside the home. Sattler confirmed that it was 40 feet from the corner of Pine and E University Ave to the edge of the site's driveway. Sattler proposed that the edge of the driveway be cut-off 10' and make that driveway a forced right-only, making the driveway in compliance. Munk and Ray confirmed. Nichols told Sattler that the driveway change could not be made, as it would affect the historical designation of the home. Sattler asked if barriers in that location would be a significant enough change to affect the designation. Nichols indicated that the Texas Historical Commission can be very strict in their review of site alterations. Sattler asked if a sign was put up that said "Do Not Enter" would change the historical designation. Nichols said he did not think so, as it was not changing the structure or the site, and that the City would have to allow that. Nichols said that there really was no need to put a sign up, as the traffic was not heavy. Sattler said that he was just trying to find compliance. Danny and Leigh-Anna Bone were present to give their presentation. Bone said his company is called Benidex Group, that does employee benefits. He said that his company would not create any traffic problems, as he has a staff of 5 (which are never there at the same time), and Bone goes to his client’s office, not them to his. The office would be open Monday through Friday, 9:00 a.m. to 5:00 p.m. Bone said that he was planning to paint the purple house another color, and paint inside the house, but nothing structurally would be changed. Jeannine Rennier, surrounding property owner, has concerns with excess traffic, and parking on both sides of Pine Street, and would like a no parking zone for the first 100 feet from the corner of Pine Street and University Avenue. Rennier said that even though this property was zoned as office, it was a change in the neighborhood to establish an office at this location. Mike Vogler, surrounding property owner, was in favor of the variance request, as long as everything was left the same to retain the historical home. Nichols made the motion to approve a variance from Sections 12.03.020 (“Driveway Separation”) and 12.04.020 (“Driveway Spacing from Intersections”) of the Unified Development Code for a portion of Block 2 of Snyder’s Addition, located at 711 East University Avenue, i.e., to leave the driveways as they are: -the public convenience and welfare will be substantially served; and, -the appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and -the applicant has not created the hardship from which relief is sought; and -such that the spirit of this ordinance shall be observed and substantial justice done. Mabray seconded the motion, which passed with a vote of 5-0. Variance was approved. At this time, Ray talked to the Board regarding the number of votes required to approve a variance, and if we could change local codes or local bylaws – to modify the number. The number of votes that are required to approve a variance is a State requirement – from the local government code. Ray said that there needs to be 75% of votes of the members of the Board of Adjustment to approve a variance. There has to be four affirmative votes to pass a variance. There needs to be 5 members to vote at all meetings. Board of Adjustment has 5 members and two alternates. Gibbs made the motion to adjourn the meeting. Sattler seconded the motion, which passed with a vote of 5-0. Meeting was adjourned at 7:50 p.m. /tas Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, July 15, 2003 The Zoning Board of Adjustment will meet on Tuesday, July 15, 2003 at 06:00 PM in the Williamson Conference, 300 Industrial Avenue, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Chair, Ken Fuller, Secretary, Don R Mabray, Audrey McDonald an William Sattler Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING July 15, 2003, 6:00 P.M. GEORGETOWN MUNICIPAL COMPLEX 300 INDUSTRIAL AVENUE, WILLIAMSON ROOM GEORGETOWN, TEXAS 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 Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * 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 Agenda: 2. Consideration and action on the Minutes of the May 20, 2003, regular meeting of the Zoning Board of Adjustment. 3. Consideration and possible action on a Variance from UDC Section 12.03.020 to allow the establishment of a commercial driveway closer than the minimum required separation from adjacent driveways, for the east 65’ of Lot 2, Block 1, of Highland Park Revised, located at 508 FM 1460. 4.Consideration and possible action on a variance from the Unified Development Code (UDC) Section 6.02.040(B)(1)(a) to allow the placement of a detached accessory structure 2’ from a side property line (west) where 7’ is required for Lot 3, Block C, Reata Trails, Unit 3, located at 105 Canyon Road. ____________________________________________________________________________ ___________ Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas , July 15, 2003 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on , July 15, 2003. Members Present: Tom Nichols, Audrey McDonald, Don Mabray, William Sattler, Harry Gibbs and Cornelius Daly Members Absent: Ken Fuller Staff Present: Bobby Ray, Chief Development Planner, David Munk, City Engineer, and Tammye Sharpe, Team Specialist/ Recording Secretary. Minutes Regular Meeting Tom Nichols called the meeting to order at 6:00 p.m. Other Board members present Ken Fuller, Audrey McDonald, Don Mabray and William Sattler. Staff members present Bobby Ray, Chief Development Planner, David Munk, City Engineer, and Tammye Sharpe, Team Specialist/ Recording Secretary. 1.Action from Executive Session. None. 2.Consideration and possible action on the Minutes of the May 20, 2003, regular meeting. Ken Fuller made the motion to accept the minutes as written, with the comment that McDonald brought up the adjournment without a vote count at the May meeting, and if it was permissible. Audrey McDonald seconded the motion, which passed with a vote of 4-0. 3.Consideration and possible action on a variance from UDC Section 12.03.020 to allow the establishment of a commercial driveway closer than the minimum required separation from adjacent driveways, for the east 65’ of Lot 2, Block 1, of Highland Park Revised, located at 508 FM 1460. Bobby Ray gave the staff presentation, informing Board of the letter sent to the in favor of the variance by surrounding property located on Austin Avenue. Roy Headrick, owner and applicant, was present to answer questions. Headrick said that he had someone who had intentions of putting a BookStore on the site. Headrick said that he was willing to sign something that showed he would promise to put one egress and ingress for the four lots, rather than four driveways; and, there would be 7 parking spaces, with a turn-around behind the building, so no backing out on FM 1460. Discussion on setbacks. Fuller had an issue with safety. Nichols summed up in his opinion that the good about this site was that there was good visibility and there was no problem with safety issue of speeding traffic because of the intersection. The bad about the site was that it was very close to the intersection, and there would be stacking lanes. Vic Flores, 2403 Highland, had a concern that the driveway would be expanded, and was not in favor of that, as the traffic was tough on FM 1460. Flores said that a service road would be helpful, maybe, where the sidewalk exists now. Nichols suggested an option that the variance could be granted, but with a right turn only exiting. Mabray confirmed that without the variance being approved, Headrick could not go forward with a site plan. Fuller made the motion to deny a variance from UDC Section 12.03.020 allowing the establishment of a commercial driveway closer than the minimum required separation from adjacent driveways, for the East 65; of Lot 2, Block 1 of Highland Park Revised, located at 508 FM 1460, as it would be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done, adding on the concern for safety, and concern for setting precedence. McDonald seconded the motion, which passed with a vote of 3-2, with Nichols and Sattler opposing the motion. 4.Consideration and possible action on a variance from the UDC Section 6.02.040(B)(1)(a) to allow the placement of a detached accessory structure 2’ from a side property line (west) where 7’ is required for Lot 3, Block C of Reata Trails Unit 3, located at 105 Canyon Road. Ray gave the staff presentation, passing a plat around to help with his presentation, informing the Board of a letter mailed to the City in favor of the variance Ray also informed the Board of 2 other surrounding property owners who had concerns about the inadequate site drainage along the backside of the properties, and the concern that the building might contribute to the problem. Kevin and Deborah Bartles, applicants, were present to answer questions and explained their plans of the building they wished to build. Cathy Bryant, 103 Canyon Road, owner of 103, 107 and 109 Canyon Road, concerned with drainage, and with the additional impervious coverage would add to the drainage problem. David Munk, City Engineer, said that the older subdivision had no grading plans, causing the drainage problems Bryant was concerned about, and said that City gives suggestions, such as tie to the City storm drain, or put a french drain in the backyard or similar drain system. Bartles said that the existing trees and existing structure cased the location that they picked for the portable building. Barltes said that the building would be on skids, and that the building would be used for storage mostly, and for lawn mower, and things that they would like to access easily rather than having them in the attic. Shari and Gene Champion, 108 Windmill Cove, were concerned with the drainage in their backyard. Champions’ are directly behind the Bartles backyard. Gene Champion said that their lot is the lowest in the subdivision. Discussion of the drainage problem. Nichols suggested to have a requirement to have gutters on the building going into a french drain. Munk said that they would have a drain that would tie into the City storm system. Ray said that the only reason that the applicants are here is because the building will be set 2 feet from the property line. Nichols reminded Board members that if they approved the building that it might be an eyesore because it is 5’ closer to the property line than it should be, or if moving it off there make it less of an eyesore; the need for gutters on the building. Sattler gave suggestion on different location. Fuller made the suggestion of smaller unit. Ray answered question regarding the purpose for setbacks – to provide protection from adjacent properties; to maintain distance between accessory and/or primary structures. Mabry suggested that the Board table the issue so the applicants could come back with a drainage plan. Nichols made the motion to approve the variance request, with the proviso that gutters are put on both sides of the building and that the collection is brought to a single point and then French drains under each of the two rain leaders (3 to 4 feet) back filled with gravel to disperse the rainwater. Applicant at this time said that this request would be too expensive, and would not consider the request. Nichols withdrew his motion. Munk, City Engineer, said that he did not remember saying that the building would not create extra run-off, because he felt it would – there are impervious coverage limits that you are in. Munk said that if there are neighbors yards filling, this additional building has a very good possibility of adding water to what’s already existing. Munk said that the City would always work with Churchill Farms to give assistance in solving drainage problems, but it is the homeowner’s expense. Mabry made a motion that the Board table the issue and have the applicants come back with a drainage plan. No second. Fuller made the motion to approve a variance from the Unified Development Code (UDC) Section 6.02.040(B)(1)(a) to allow the placement of a detached accessory structure 2/ from a side property line (west) where7’ is required for Lot 3, Block C of Reata Trails, unit 3, located at 105 Canyon Road, -as it will not be contrary to the public interest, due to the fact that none of the neighbors have any problem with the building, as it meet the codes; -because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant; and -such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: with the encourage that the residents get together with the City and figure out how to solve the drainage problem. Sattler seconded the motion, which failed with a vote of 3-2, with McDonald and Mabray opposing the motion. Motion was denied. McDonald made the motion to adjourn the meeting. Fuller seconded the motion, which passed with a vote of 5-0. Meeting was adjourned at 7:20 p.m. /tas Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, May 20, 2003 The Zoning Board of Adjustment will meet on Tuesday, May 20, 2003 at 06:00 PM in the WIlliamson Conference Room, 300 Industrial Avenue, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Chair, Audrey McDonald, Vice-Chair, Ken Fuller, Secretary, Don Mabray and William Sattler Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING MAY 20, 2003, 6:00 P.M. GEORGETOWN MUNICIPAL COMPLEX, 300 INDUSTRIAL AVENUE GEORGETOWN, TEXAS 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 Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * 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 Agenda: 2. Consideration and possible action on the minutes of the April 15, 2003, regular Zoning Board of Adjustment meeting. 3.Consideration and possible action on a variance from Section 6.02.040(B)(1)(a) of the Unified Development Code (UDC) to allow a 3’-4” encroachment into a 25’ front building line for Lot 10, Block E, of Reata Trails Unit 4, located at 914 Hedgewood Drive. 4.Consideration and possible action on a variance from Section 7.03.050(A) of the Unified Development Code (UDC) to allow the placement of a 6’ high fence in the required front yard setback where 4’ is permitted for Lot 9, Block E, of San Gabriel Heights located at 403 Ridge Oak Drive. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, May 20, 2003 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , May 20, 2003. Members Present: Audrey McDonald, Vice-Chair, Ken Fuller, Secretary, Don Mabray and William Sattler Members Absent: Tom Nichols, Chair Staff Present: Bobby Ray, Chief Development Planner and Tammye Sharpe, Team Specialist/Recording Secretary Minutes Regular Meeting CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING MINUTES May 20, 2003 Audrey McDonald called the meeting to order at 6:03 p.m. 1.Action from Executive Session. None. 2.Consideration and possible action on the Minutes of the April 15, 2003, regular meeting. Don Mabray made the motion to accept the minutes as written. Ken Fuller seconded the motion, which passed with a vote of 4-0. 3.Consideration and possible action on a variance from Section 6.02.040(b)(1)(a) of the Unified Development Code (UDC) to allow a 3’-4” encroachment into a 25’ front building line for Lot 10, Block E, of Reata Trails Unit 4, located at 914 Hedgewood Drive. Bobby Ray gave the staff presentation. Bradley Cockrum, Cockrum Custom Homes, gave his presentation. Cockrum said that a surveyor pinned the lot – the back of the lot was pinned as to stay 12” out of the flood plain, and the difference on this lot from the others he has built In Indian Springs was that Hedgewood has a 15’ PUE, instead of 10’ PUE (there was a 40’ setback, instead of the usual 35’ setback the other homes in that area had. Cockrum said he went by the survey, and learned about the mistake during the final survey. Mabray said that the blame was on the builder, survey and the City, and Cockrum should not be penalized. Ray verified that there was one comment for the variance by a surrounding property owner. Mabray made the motion to allow the variance from Section 6.02.040(B)(1)(a) of the Unified Development Code to allow a 3’-4” encroachment into a 25’ front setback for a width of 21.7’ for Lot 10, Block E of Reata Trails Unit 4 located at 914 Hedgewood Drive, that the variance shall be granted as the ZBA find all of the following: -that there are extraordinary conditions due to the failure on the City, as well as the builder and the survey crew; -that there is no substantial detriment to the public health, safety or welfare or injurious to other property in the area, or to the City in administering this code; -that the conditions that create the need for the variance do not generally apply to other property in the vicinity; -that applicant acted in good faith, relying on others that he normally does, and was not done with any intent; -that the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this code; and -that because of the conditions that create the need for the variance, the application of this code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. Sattler seconded motion. Motion failed with a vote of 3-1, with Fuller voting against. 4.Consideration and possible action on a variance from Section 7.03.050(A) of the Unified Development Code (UDC) to allow the placement of a 6’ high fence in the required front yard setback where 4’ is permitted for Lot 9, Block e of San Gabriel Heights located at 403 Ridge Oak Drive. Ray gave the staff presentation, informing the Board Members that the City received 3 letters in approval of the variance, and 2 in opposition. Ray confirmed that the front of the house is determined by the narrower frontage, if it is a corner lot and there are two street frontages. Ray said in this case, Tallwood Street is the narrower of the two. Ray confirmed that this changes the setback, and there is 10’ separating the property line from the pavement (10’ of R-O-W before you get to the face of the paved curb). Ray informed the Board that “corner visibility” is okay per Public Safety, since there is the 10’ between the proposed fence and the pavement – it meets the visibility requirement. Scott Walters, 403 Ridge Oak Drive, applicant, said his reason for a fenced backyard was one of privacy and safe area for his small children to play. Walters said that the amount of footage asked for in the drawing with the report is not exactly what he requested, and said that there could be an angle there to help with visibility. Walters showed the Board members how he would like the fence to run. Dennis Werchan, 404 Ridge Oak Drive, got clarification that Walters could have a 6’ fence on the property line, once he got out of the 25’ setback. Werchan had a concern about safety at the intersection of Tallwood and Ridge Oak Drive with a 6’ fence erected. Ray informed the board members that if they could agree on something, they could then put conditions on the motion concerning visibility safety concerns. Mabray asked if Walters could table this item to allow him time to speak with someone that could help him resolve some of the safety issues, and bring it back with a different proposal. Sattler made the motion to table the item until June 17, 2003, the next Zoning Board of Adjustment. Motion was seconded by Mabray, which passed with a vote of 4-0. McDonald adjourned the meeting at 6:48 p.m. /tas Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, April 15, 2003 The Zoning Board of Adjustment will meet on Tuesday, April 15, 2003 at 06:00 PM in the Williamson Conference Room of the Georgetown Municipal Comples (GMC), 300 Industrial Avenue, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Chair, Ken Fuller, Audrey McDonald, John Kirby, and Don Mabray Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM 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 Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * 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 2. Consideration and possible action on the Minutes of the regular Zoning Board of Adjustment meeting on January 21, 2003. Agenda: 3. Consideration and possible action on a variance to the Zoning Ordinance for Lot 8, Block G, of the South San Gabriel Urban Renewal Addition, located at 903 West 10th Street ___________________________________________________________________ Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, April 15, 2003 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , April 15, 2003. Members Present: Tom Nichols, Ken Fuller, Audrey McDonald, John Kirby and Don Mabray Members Absent: None Staff Present: Melissa McCollum, Development Planner and Tammye Sharpe, Team Specialist/Recording Secretary Minutes Regular Meeting Tom Nichols called the meeting to order at 6:03 p.m. Other Board members present Ken Fuller, Audrey McDonald, John Kirby, and Don Mabray. Staff members present Melissa Murphy, Development Planner and Tammye Sharpe, Team Specialist/ Recording Secretary. 1. Action from Executive Session. None. 2. Consideration and possible action on the Minutes of the January 21, 2003, regular meeting. Audrey McDonald made the motion to accept the minutes as written. Ken Fuller seconded the motion, which passed with a vote of 4-0, with Don Mabray abstaining, as he was not at this meeting. 3.Consideration and possible action on a variance to the Zoning Ordinance for Lot 8, Block G, of the South San Gabriel Urban Renewal Addition, located at 903 West 10th Street. McCollum gave the staff presentation. Nichols got clarification that the garage structure existed and was only going to be enclosed, not built from scratch – applicant want to improve the garage and construct a carport. Fuller verified that the conversion of the garage to a living area was not allowed per the Zoning Ordinance, and that was why applicant needed the variance. McCollum explained that applicant needed the variance to allow the parking in the setback area, and also to allow a structure to be built into the setback area. McDonald made the motion to approve the request for the variance from Section 2.0203 of the Zoning Ordinance to expand kitchen/living area for family growth by enclosing an existing garage being approximately 7.5’ setback from the property line and to allow the required parking to be within the required front yard. Fuller seconded the motion, which passed with a vote of 5-0. Variance request was approved as: - the public convenience and welfare will be substantially served; and - the appropriate use of the surrounding property will not be substantially or permanently impaired or diminished; and - the applicant has not created the hardship from which relief is sought; and - the variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and - the hardship from which relief is sought is not solely of an economic nature Nichols made the motion to deny the requested variance from Section 5.206 of the Zoning Ordinance to have a carport structure addition located within the front yard. Fuller seconded the motion, which denial was passed with a vote of 4-1, with Kirby voting against. Variance request was denied as: - it will be contrary to the public interest due to the lack of any special conditions; and - because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant; and - such that the spirit of this ordinance shall be observed and substantial justice done. Fuller seconded the motion, which passed with a vote of 4-1, with Kirby against the denial of the variance from Section 5.206. McDonald made the motion to adjourn. Fuller seconded the motion, which passed unanimously. Meeting was adjourned at 6:23 p.m. /tas Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, January 21, 2003 The Zoning Board of Adjustment will meet on Tuesday, January 21, 2003 at 06:00 PM in the Development Services Conference Room, located at 904 South Main Street, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Chairman, Ken Fuller, Secretary, Audrey McDonald, John Kirby, Michelle Gambino, and Joshua Konkle Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM 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 Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * 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 Agenda: 2.Consideration and possible action on the Minutes of the December 17, 2002, meeting. 3.Consideration and possible action on a variance to the Zoning Ordinance for Crestview Addition, Unit 1, Block 2, Lot 9, located at 1618 Williams Drive. 4.Consideration and possible action on a variance to the Zoning Ordinance for the East ½ of Lot 10, Cody’s Subdivision of Block “I” of the Hughes Addition, located at 1216 Myrtle Street. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2003, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, January 21, 2003 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , January 21, 2003. Members Present: Tom Nichols, Chair, Audrey McDonald, John Kirby, and alternate, Joshua Konkle Members Absent: Michelle Gambino Staff Present: Melissa Murphy, Development Planner and Tammye Sharpe, Team Specialist / Recording Secretary Minutes Regular Meeting Tom Nichols called the meeting to order at 6:01 p.m. Other Board members present Ken Fuller, Audrey McDonald, John Kirby, and alternate, Joshua Konkle. Michele Gambino was absent. Staff members present Melissa Murphy, Development Planner and Tammye Sharpe, Team Specialist/ Recording Secretary. 1. Action from Executive Session. None. 2. Consideration and possible action on the Minutes of the December 17, 2002, regular meeting. Ken Fuller made the motion to accept the minutes as written. Audrey McDonald seconded the motion, which passed with vote of 4-0, with John Kirby abstaining as he was absent from this meeting. 3.Consideration and possible action on a variance to the Zoning Ordinance for Crestview Addition, Unit 1, Block 2, Lot 9, located at 1618 Williams Drive. McCollum gave the staff presentation. Glenn Neans, agent for the applicant, gave his presentation. Neans said that they could have a full space instead of two compact spaces, but it would require them to cut down a 24” tree. Neans explained to the Board members the exit path – clients will back out of the parking space, then back into the turn around space, then go forward to get out (as one would to get out of a garage). Neans clarified that the tearing out in the front of the property pertained to drainage re-grading. McCollum stated that then and if the property changes ownership, the variance would go with the property. Neans verified that there would be the applicant and one other tenant to occupy the premises. Chair, Nichols, said that the parking meets code because the fire equipment can get around all sides of the site. Kirby said he would like to see the site with less parking spaces. Discussion on the zoning differences for RM-3 and RO. Nichols brought out that that the type of businesses that were to be on the site would not bring about the same amount of traffic as a retail business would, and was in favor of the parking changes. Konkle made the motion to approve the request for the variance, - as the public convenience and welfare will be substantially served; and - the appropriate use of the surrounding property will not be substantially or permanently impaired or diminished; and - the applicant has not created the hardship from which relief is sought; and - the variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property. Kirby seconded the motion, which passed with a vote of 4-1. 3. Consideration and possible action on a variance to the Zoning Ordinance for the East ½ of Lot 10, Cody’s Subdivision of Block “I” of the Hughes Addition, located at 1216 Myrtle Street. McCollum gave the staff presentation. McCollum verified there were not letters for or against received from the City on this variance request, and that the sign was posted as required. Applicant, Mrs. Henson, gave Nichols a letter from her neighbor to read to the Board – neighbor was in favor or the variance. Henson gave her presentation. Henson said that they were going to use the same architect, to have the wood siding completely match the house, to have the roof be the same pitch as house, with same roofing materials – thus, making the garage functional and pleasing to the eye, which will increase the value of their property. Henson discussed a water/gas line through her property to let them know that if they complied with the ordinance, it would make the proposed garage dangerously close to the water/gas lines. Nichols asked if she would be willing to put gutter and downspout on the north side of the garage to direct water into the driveway, instead of on neighbor’s property. Kirby made the motion to approve the request for the variance: - as the public convenience and welfare will be substantially served; and - the appropriate use of the surrounding property will not be substantially or permanently impaired or diminished; and - the applicant has not created the hardship from which relief is sought; and - the variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and - the hardship from which relief is sought is not solely of an economic nature. Fuller seconded the motion, which passed with a vote of 5-0. McDonald made the motion to adjourn. Konkle seconded the motion, which passed unanimously. Meeting was adjourned at 7:03 p.m. /tas