HomeMy WebLinkAboutZBA_Agenda&Minutes_2004Notice of Meeting of the
Zoning Board of Adjustment
City of Georgetown, Texas
Tuesday, November 16, 2004
The Zoning Board of Adjustment will meet on Tuesday, November 16, 2004 at 06:00 PM in the 103 W.
7th Street, Georgetown, Texas
If you need accommodations for a disability, please notify the city in advance.
Zoning Board of Adjustment Members:
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 Board of Adjustment meeting of
the August 17,2004, meeting.
3.Public Hearing to consider a Variance from Section 10.06.030 D of the Unified Development
Code (UDC) to allow a sign height of 50 feet , where 28 feet is allowed, for City of Georgetown, Tilson
Subdivision, Lot 1., located at 2900 N. IH 35, Tilson Home Builders.
4. Public Hearing to consider a Variance from Section 10.06.030 D of the Unified Development
Code (UDC) to allow a sign height of 40 feet, where 28 feet is allowed, For the City of
Georgetown, Kelly Trust Subdivision, Block 1, Phase 1-3, Lot 5, located at 7201 S. IH 35, Mac
Haik Ford.
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 _________________, 2004, 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 16, 2004
The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , November 16, 2004
.
Members Present:
Audrey McDonald, Cornelius Daly, Danny Swafford, Ken Fuller, Dan Popejoy, Richard Vasquez
Members Absent:
William Sattler
Staff Present:
Bobby Ray, Chief Development Planner, Paula Dessler, Recording Secretary
Minutes
Regular Meeting
A regular meeting of the Zoning Board Of Adjustments, for consideration and possible
action on the following:
Audrey McDonald called the meeting to order at 6:00
McDonald called alternate Vasquez to the dais.
1.Action from Executive session-NONE.
2.Review of the minutes from the August 17. 2004 meeting.
6:10 Board member Popejoy arrives
Motion made by Sattler to approve the minutes as written. Second by Daly. Motion
Approved 6-0.
3.Public Hearing to consider a Variance from Section 10.06.030 D of the Unified
Development Code (UDC) to allow a sign height of 50 feet , where 28 feet is allowed, for
City of Georgetown, Tilson Subdivision, Lot 1., located at 2900 N. IH 35, Tilson Home
Builders.
Consideration and possible action on a Variance from Section 6.03.020 of the Unified
Development Code (UDC) to allow a maximum building height of 53 feet, where 40 feet is
allowed, for The City of Georgetown, Block 40, Lot’s 1 & 4, located at 114 E. 7th Street.
Staff Presentation
Bobby Ray presented the staff report to the board and explained that the Board must have
at least four members to approve the application.
Applicant Presentation
Richard Webb presented the application. Points reviewed: Existing Pole sign is 24 feet in
height at an area of 200 square feet (double sided).
-Requesting a variance for a height increase to 50 feet, the applicant will use the same sign
cabinet, sign area will not be increased.
-The proposed interchange flyover will be approximately 40 feet in height which would
obscure the current signage.
Board questions to Staff and Applicant
Fuller asked if TxDOT would have any problems with a sign that large so close to the ramp.
Bobby explained that he has talked to the Department of Transportation where they
explained that they have no say of signs on private property as long as it does not encroach
or hangs over any right-of-way.
Motion by Fuller to approve the variance was based upon the following findings of fact as
required by Section 3.15.030 of the Unified Development Code:
1.The future construction of the S.H. 130 / I.H. 35 interchange west and south of the
subject property constituted special conditions and / or exceptional circumstances related to
the subject property that warranted variance approval. The proposed height of the
interchange (40’) would visually obstruct any sign less than the height of the interchange.
2.The granting of the variance will not be detrimental to the public health, safety or
welfare, or injurious to other property in the area, or the City in administering this Code in
that the proposed sign is to be located in exactly the same place as the existing sign, and
for the same sign area.
3.The conditions surrounding this variance request do not apply to any other property in
the vicinity of the subject site since the location of the proposed interchange is directly
contiguous (west and south) to the subject property.
4.The need for the variance request is clearly not the result of the applicant’s own action,
but a result of public road construction impacting the applicant’s property.
5.The granting of the variance does not conflict with the Comprehensive Plan or the
purposes of this Code in that it is the Board’s determination that granting the subject
variance is warranted by the special conditions surrounding the property.
6. The conditions that create the need for the variance (road construction) would render
compliance with the Code an unreasonable restriction upon the utilization of the
property in that compliance with the 28’ height limit for pole signs would render the sign
invisible to freeway motorists.
Second by Daly. Motion Approved 6-0
IN FAVOR
Fuller, Daly, McDonald, Swafford, Popejoy and Vasquez (Alternate)
OPPOSED
None
ABSENT
Sattler
7.Public Hearing to consider a Variance from Section 10.06.030 D of the Unified
Development Code (UDC) to allow a sign height of 40 feet, where 28 feet is allowed, For the
City of Georgetown, Kelly Trust Subdivision, Block 1, Phase 1-3, Lot 5, located at 7201 S.
IH 35, Mac Haik Ford.
Staff Presentation
Bobby Ray presented the staff report to the board.
Applicant Presentation
Gordon Baker presented the application to the board. Gordon explained the main reason for
the Variance request is that the applicant feels the grade of the highway is to low. People
would not be aware of that the Lincoln Mercury automobiles where sold there.
Board Members
Swafford asked if the building had signage on it. Gordon explained that there was but
people would not be able to see it from the highway.
Motion by Vasquez to deny the application based on the following.
1. The applicant did not present any evidence that there were any special conditions or
exceptional circumstances related to the subject property that warranted variance
approval.
2. There were no physical circumstances related to the property that necessitated the need
for the additional sign height.
3. The conditions surrounding this variance request would apply to any other property in the
vicinity of the subject site. Therefore the approval of this variance would establish a
precedent for other property owners along this section of I.H. 35 frontage road to seek
similar relief from the sign code.
4. As a new sign, designed for the proposed height of forty feet, the need for the variance
request is clearly the result of the applicant’s own action.
5. There was no evidence presented which clearly demonstrated that, due to conditions
which created the need for the variance, application of the Unified Development Code
and adherence to the twenty-eight foot height limit would prohibit or unreasonably
restrict the use of the property. A new sign, which complies with the Code, could
be designed, constructed and utilized on this site.
Second by Popejoy. Motion Denied 6-0
IN FAVOR
Swafford, McDonald, Fuller, Popejoy, Daly, Vasquez
OPPOSED
NONE
ABSENT
Sattler
Meeting adjourned at 6:40
Notice of Meeting of the
Zoning Board of Adjustment
City of Georgetown, Texas
Tuesday, August 17, 2004
The Zoning Board of Adjustment will meet on Tuesday, August 17, 2004 at 06:00 PM in the Council
Chambers located at 101 E 7th Street, Georgetown, Texas.
If you need accommodations for a disability, please notify the city in advance.
Zoning Board of Adjustment Members:
William Sattler, Chair; Ken Fuller; Audrey McDonald, P&Z Representative; Cornelius Daly; Danny
Swafford; Dan Popejoy; Richard Vasquez III; and William Moore
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
AUGUST 17, 2004, at 6:00 P.M.
CITY COUNCIL CHAMBERS, 101 E. 7TH STREET
GEORGETOWN, TEXAS 78626
Members
William Sattler, Chair
Ken Fuller, Audrey McDonald, Cornelius Daly, Danny Swafford,
Dan Popejoy, Richard Vasquez II and William Moore
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.
(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 regular Board of Adjustment meeting of
July 20, 2004, meeting.
3.Public Hearing to consider a Variance from Section 6.03.020 of the Unified Development Code
(UDC) to allow a maximum building height of 53 feet, where 40 feet is allowed, for City of
Georgetown, Block 40, Lots 1 & 4, located at 114 East 7th 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 _________________, 2004, 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, August 17, 2004
The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , August 17, 2004.
Members Present:
Members Absent:
Staff Present:
Minutes
Regular Meeting
Notice of Meeting of the
Zoning Board of Adjustment
City of Georgetown, Texas
Tuesday, July 20, 2004
The Zoning Board of Adjustment will meet on Tuesday, July 20, 2004 at 06:00 PM in the Council
Chambers, 101 W. 7th Street, Georgetown, Texas
If you need accommodations for a disability, please notify the city in advance.
Zoning Board of Adjustment Members:
William Sattler, Chair, Ken Fuller, Audrey McDonald, Cornelius Daly, Danny Swafford, Dan Popejoy and
Richard Vasquez III
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 20, 2004, at 6:00 P.M.
CITY COUNCIL CHAMBERS, 101 E. 7TH STREET
GEORGETOWN, TEXAS 78626
Members
William Sattler, Chair
Ken Fuller, Audrey McDonald, Cornelius Daly
Danny Swafford, Dan Popejoy, and Richard Vasquez II,
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 regular Board of Adjustment
meeting of June 15, 2004, meeting.
Consideration and possible action on a variance from the following Section(s) of the Unified
Development Code: Chapter 10, Section 10.06.02.030 (Sign Dimensional Standards) to
allow the applicant to erect a sign over the 10’ maximum height limit, to be located at Lot 1,
Block A of the Texas L.A.W. Addition, 1211 Northwest Boulevard.
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 _________________, 2004, 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, June 15, 2004
The Zoning Board of Adjustment will meet on Tuesday, June 15, 2004 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:
William Sattler, Chair, Ken Fuller, Audrey McDonald, Cornelius Daly, Danny Swafford, Dan Popejoy and
Richard Vasquez II
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
JUNE 15, 2004, at 6:00 P.M.
CITY COUNCIL CHAMBERS, 101 E. 7TH STREET
GEORGETOWN, TEXAS 78626
Members
William Sattler, Chair
Ken Fuller, Audrey McDonald, Cornelius Daly
Danny Swafford, Dan Popejoy, and Richard Vasquez II,
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 regular Board of Adjustment
meeting of December 17, 2003, meeting.
3.Consideration and possible action on a variance from the following Section(s) of the
Unified Development Code: 6.02.030 (Side Setback) and 7.03.040 (A) (Rear Setback) to
allow the expansion of an existing detached garage for part of Lots 16 and 17, Block 1
of the Montgomery Addition located at 1709 South Austin Avenue.
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 _________________, 2004, 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, February 19, 2004
The Zoning Board of Adjustment will meet on Tuesday, February 19, 2004 at 06:00 PM in the Glasscock
Conference Room of the Georgetown Municipal Complex (GMC), located at 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, Ken Fuller, Don Mabray, William Sattler, Cornelius Daly and 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
(PLEASE NOTE MEETING LOCATION)
CITY OF GEORGETOWN
ZONING BOARD OF ADJUSTMENT MEETING
FEBRUARY 19, 2004, 6:00 P.M.
GEORGETOWN MUNICIPAL COMPLEX (GMC)
GLASSCOCK CONFERENCE ROOM
300 INDUSTRIAL AVENUE, GEORGETOWN, TEXAS
Members
William Sattler, Chair
Ken Fuller, Audrey McDonald,
Harry Gibbs, Cornelius Daly, Alternates
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 regular Board of Adjustment meeting of
December 17, 2003, meeting.
Consideration and possible action on a variance from the following Section(s) of the Unified Development
Code: Table 6.03.020 (Side Setback) and Table 9.03.020 (B) (Drive Aisle Width) to allow the development
of a 1,611 square foot office for Lot 5, Block M of the South San Gabriel Urban Renewal District located at
704 Martin Luther King Junior 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 _________________, 2004, at __________, and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Sandra Lee, City Secretary