Loading...
HomeMy WebLinkAboutZBA_Agenda&Minutes_2005Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, December 20, 2005 The Zoning Board of Adjustment will meet on Tuesday, December 20, 2005 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: Members: Danny Swafford, Chair, Earl Watson, Vice Chair, Ann Snell, Richard Vasquez III, William Moore Alternates: Jim Jarvis, Patrick Lawson 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 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 2.Consideration and possible action on the Minutes of the regular Zoning Board of Adjustment meeting of the November 15, 2005. 3.Public Hearing to Consider an Appeal of an Administrative Decision rejecting an application for a sign permit on the basis that the off-premise portable sign would violate the City Sign Ordinance codified at Chapter 10 of the Unified Development Code (UDC). 4.Possible other topics for discussion. 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 _________________, 2005, 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, December 20, 2005 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , December 20, 2005 . Members Present: Danny Swafford, Chair; Earl Watson, Vice-Chair; William Moore; Jim Jarvis; Patrick Lawson, alternate. Members Absent: Ann Snell, Richard Vasquez III Staff Present: Bobby Ray, Director, Planning & Development; Dave Hall, Building Official; Karen Frost, Recording Secretary; Barbara Quirk, representing City Attorney. Minutes Regular Meeting These are draft minutes of the meeting until the following meeting , when the minutes are officially adopted. 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: 6:02 p.m. Chair Swafford led the Pledge of Allegiance (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 not an Executive Session. 2.Consideration and possible action on the Minutes of the regular Zoning Board of Adjustment meeting of the November 15, 2005. Motion by Moore to approve the minutes. Second by Watson. Approved 5-0. Chair Swafford asked for consideration of a nomination for the open Secretary position. Nomination by Watson to elect Will Moore as Secretary of the Board. Second by Lawson. Moore was elected 5-0. 3.Public Hearing to Consider an Appeal of an Administrative Decision rejecting an application for a sign permit on the basis that the off-premise portable sign would violate the City Sign Ordinance codified at Chapter 10 of the Unified Development Code (UDC). Chair Swafford opened the public hearing. Bobby Ray presented the staff report. On September 26, 2005 an application was made to the City to allow the placement of a sign on Highway 29, within the City’s extra-territorial jurisdiction. The proposed sign was an off-premise, portable advertisement for a RV Park located on East View Road. City staff determined that the sign was not allowed per the Unified Development Code, specifically Section 10.04 and informed the applicant of such in a letter dated September 28, 2005. In response to the letter, the applicant prepared a request for an “Appeal of an Administrative Decision”, appealing staff’s interpretation of Sections 10.01 through 10.07 of the UDC, and in particular, the language, “in the city” found in Section 10.04. Staff recommends affirmation of the administrative decision. This is based on the contention that both the “applicability” section of 3.01.020, the “Jurisdiction” section of 10.01.040 (and subsection A,4 of that Section), the “Sign Permit” section of 3.18 and the table of permitted uses in Section 10.02 clearly establish that it is the intent of the Code to apply the sign standards at issue in both the City Limits and the ETJ. This has been the manner in which the sign code has been implemented since adoption of the UDC in 2003, and under the prior Sign Code adopted in 1993. Ray further stated that in addition to the Sections discussed previously, other Sections of the sign regulations show that any reading other than the one contemplated here would not make sense. Section 10.01.030 (Exhibit H) states that: “The effect of this Section is to prohibit all signs not expressly permitted by this Section, except as approved through the appeals process established by this Code”. If the appellant’s contention regarding the jurisdiction of prohibited signs were to be accepted, based upon the above-referenced section, the City could still not issue a sign permit. The signs requested (off-premise and portable) are not expressly permitted anywhere within the UDC, for any type of zoning. If the City were to accept the sign permit application for these signs the action by staff would result in a denial of the permit request. Section 3.18 grants the Building Official the authority to take final action on sign permits. The “Criteria for Approval” of 3.18.030 (A) (Exhibit G) states that final action by the Building Official shall be based on the following criteria: “Whether the intended sign conforms in all respects with all applicable development regulations and standards of this Unified Development Code and any applicable construction or safety standards of the City’s adopted building code”. Since the subject sign is expressly prohibited by the Sign Code there are no “development regulations” and / or” standards” that are applicable to these signs. So therefore the Building Official could not issue a sign permit since a determination of conformance with “regulations and “standards” cannot be established. Pursuant to Section 3.14 (Exhibit I) the Board has the authority to “reverse or affirm, in whole or in part, or modify the administrative officials order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and to that purpose the Board has the same authority as the administrative official”. This procedure presumes that the Director’s decision is valid (Section 3.14.030.B.) and the burden of proof to justify a reversal of the decision is on the appellant. A vote to overturn an administrative decision requires a three-fourths vote of all members (4 total). Barbara Quirk, on behalf of the City Attorney spoke and explained the Code specifically, in Section 10.01.040 subsection A states that the sign standards, specifically the jurisdiction, apply to all areas within the corporate limits of the City of Georgetown and those areas within the extraterritorial jurisdiction . Furthermore, 10.01.040A, subsection 4 states “any area within 250 feet of an arterial (major or minor) or a freeway right-of-way must meet all sign regulations that apply within the C-3 Zoning District”. This specifically applies to this case. The reason the Sign Ordinance is specifically set up this way because there isn’t zoning in the ETJ. Just because the language of 10.01.040 uses “in the City”, the application of the C-3 Zoning District sign regulations would still prohibit the off-premise, portable sign that is proposed. Steve Kulback was asked to speak. He said he was unprepared but that he would make an attempt. He stated that he does everything he can to obey the law and that this interpretation should be left to attorneys and a judge. He just wants to run his business for the betterment of Georgetown. He feels he should be allowed to park his trailer on another property to advertise his business in the ETJ, without a permit and because other businesses are allowed to advertise on their vehicles all over town. The Board discussed the issue. Moore stated he appreciated the attorneys comments that made it a clear decision for him. Jarvis questioned the applicant on the purpose of the trailer . He asked if it was meant to be a sign and was it on another landowner’s property. The applicant said yes to both questions. Jarvis asked the applicant if he had pursued other methods of advertising his business . The applicant stated no he hadn’t. Jarvis questioned the attorney if the City had the jurisdiction to make this decision. Quirk replied that yes, by state statute, home rule cities had the authority to make their own laws in their city and ETJ. Motion was made by Jarvis that the appeal be denied, Chair adds “to affirm the decision by administrative officials and director”. Second by Moore. The decision by administrative officials and the director was affirmed, 5-0. Chair Swafford closed the public hearing. 4.Possible other topics for discussion. Nothing else was discussed. Motion to adjourn by Watson. Second by Lawson. Meeting adjourned at 6:32 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, November 15, 2005 The Zoning Board of Adjustment will meet on Tuesday, November 15, 2005 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: Danny Swafford, Chair, Audrey McDonald, Ann Snell, Richard Vasquez III, Earl Watson Alternates: Jim Jarvis, Patrick Lawson, 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 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 SessionRegular SessionRegular SessionRegular Session ---- To begin no earlier thanTo begin no earlier thanTo begin no earlier thanTo begin no earlier than 6666::::00000000 pppp....mmmm.... 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 to nominate and elect a Vice Chair and Secretary for the new Term of Membership for the Commission. 3.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of September 20, 2005. 4.Public Hearing to Consider a Variance from Table 6.02.030 of the Unified Development Code (UDC) to allow the structural repair of a detached garage and storage building located within the required side yard setback , for a part of the Hughes Addition , Block 15 located at 1807 South Elm Street. 5.Public Hearing to Consider a Variance from the following Unified Development Code (UDC) Section: 4.05.040(D)(4) to allow parking within the front yard where parking is prohibited, for Crestview Addition Unit 1, Block 2, Lot 8 located at 1616 Williams Drive. 6.Possible other topics for consideration. 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 _________________, 2005, 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 15, 2005 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , November 15, 2005 . Members Present: Danny Swafford, Chair; Ann Snell; Richard Vasquez III; Earl Watson; Jim Jarvis, alternate; Patrick Lawson, alternate Members Absent: Audrey McDonald, Will Moore Staff Present: Bobby Ray, Acting Director of Planning & Development, Karen Frost, Recording Secretary Minutes Regular Meeting These are draft minutes that will be finalized after adoption at the next regular meeting. 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 invited 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: 6:02 p.m. with the Pledge of Allegiance. 1.Action from Executive Session – There was not an Executive Session. 2.Consideration and possible action to nominate and elect a Vice Chair and Secretary for the new Term of Membership for the Commission (tabled from the March meeting). Motion by Snell to elect Earl Watson as Vice-Chair. Second by Jarvis. Earl Watson was elected unanimously. Watson nominated Snell for Secretary and she declined. No one else stepped forward for position of Secretary so this nomination will be tabled until the next meeting . Mr. Vasquez arrived and took a seat on the dais. Mr. Lawson, the alternate, relinquished his voting at this time. 3.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of September 20, 2005. Motion by Watson to approve the minutes as presented. Second by Snell. Approved 5-0. 4.Public Hearing to Consider a Variance from Table 6.02.030 of the Unified Development Code (UDC) to allow the structural repair of a detached garage and storage building located within the required side yard setback, for a part of the Hughes Addition, Block 15 located at 1807 South Elm Street. Bobby Ray gave the staff report, citing that the applicant is proposing to make improvements to both detached structures while maintaining the existing side yard setback of one foot 9 inches. The UDC requires a minimum side yard setback of six feet. Therefore, the applicant is requesting a variance to allow the strengthening and repair of a legal nonconforming structure that encroaches four feet – three inches into a side yard setback. The applicant’s basis for the variance request is solely based upon the removal of mature trees to accommodate the Code required setback. Staff is in support of the variance request and states this reasoning has been used to justify similar variances in the Old Town Overlay District. Bobby Watson, 1703 Elm, spoke in favor of the request and supports and encourages improvements such as the one being proposed. Motion by Watson to grant the approval of a variance based on the findings of fact cited in Exhibit F of the staff report. Second by Vasquez. Approved 5-0. 5.Public Hearing to Consider a Variance from the following Unified Development Code (UDC) Section: 4.05.040(D)(4) to allow parking within the front yard where parking is prohibited, for Crestview Addition Unit 1, Block 2, Lot 8 located at 1616 Williams Drive. Bobby Ray presented the staff report. He explained with the recent adoption of the rezoning ordinance to OF, Office district the applicant is proposing to use the existing structure for a professional office. The proposal involves the addition of approximately 675 square feet to the structure for a total area of 2,430 square feet. The parking standards for the Overlay District (1:300) would require a total of 8 on-site parking spaces. The applicant is proposing to provide a total of 9 spaces and 1 handicap space. Due to site topography the proposed location of the detention pond is to the rear of the property. This location is consistent with the design standards of UDC Section 11.05.030(F)(1). However, the proposed placement of the pond creates a conflict with the location of on-site parking to the rear of the building. Staff is supportive of the variance from Section 4.05.040(D)(4) to allow the on-site parking spaces to be located within the front of the property. This recommendation is subject to compliance with the screening requirement of the same section, which requires a “vegetative screen or fence or wall having a minimum height of 3 feet”. The submitted site plan provides a proposed berm with landscaping in the front setback. Also, the rear buffer yard requires a 6-foot high screen wall constructed of brick, stone, reinforced concrete or other similar two-sided masonry materials. Brian Bishop, the applicant’s architect was available for questions. There were no questions. Motion by Vasquez to approve the variance from Section 4.05.040(D)(4) to allow parking within the front yard, where parking is prohibited, for Crestview Addition Unit 1, Block 2, Lot 8 located at 1616 Williams Drive, with findings of fact as noted in Exhibit C of the Staff Report. Second by Watson. Approved 5-0. 6.Possible other topics for consideration. Ann Snell stated that she appreciates the details of the packets that were submitted for review and that it made it much easier for the Board to review the applications and make a case for their decisions. Ray concurs and said that this month’s applications were more detailed and thorough which made the packets more complete. He asked if the Board liked being given the Findings of Fact that staff writes. They all agreed that it was very helpful. Motion by Jarvis to adjourn the meeting. Second by Vasquez. Meeting adjourned at 6:20 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, September 20, 2005 The Zoning Board of Adjustment will meet on Tuesday, September 20, 2005 at 06:00 PM in the City Council Chambers, 103 W. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Danny Swafford, Chair, Ann Snell, Audrey McDonald, Richard Vasquez III, Earl Watson, Jim Jarvis; alternate, Will Moore, alternate. 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 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 invited 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 2.Consideration and possible action to nominate and elect a Vice Chair and Secretary for the new Term of Membership for the Commission (tabled from the March meeting). 3.Public Hearing to Consider a Variance from Table 6.02.030 of the Unified Development Code (UDC) to allow a Maximum Height of 85 feet, where 35 feet is permitted, for the proposed Airport Traffic Control Tower of the Georgetown Municipal Airport located at 500 Terminal 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 _________________, 2005, 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, September 20, 2005 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , September 20, 2005. Members Present: William Moore, Acting Chair, Audrey McDonald, Richard Vasquez III, Earl Watson Members Absent: Danny Swafford, Ann Snell, Jim Jarvis Staff Present: Bobby Ray, Acting Director of Planning & Development, Trish Carls, City Attorney; Karen Frost, Recording Secretary Minutes Regular Meeting 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 invited 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: 6:02 p.m. with the Pledge of Allegiance 1.Action from Executive Session – There was not an Executive Session. 2.Consideration and possible action to nominate and elect a Vice Chair and Secretary for the new Term of Membership for the Commission (tabled from the March meeting). This action was once again tabled until the next meeting when the full Board should be present . 3.Public Hearing to Consider a Variance from Table 6.02.030 of the Unified Development Code (UDC) to allow a Maximum Height of 85 feet, where 35 feet is permitted, for the proposed Airport Traffic Control Tower of the Georgetown Municipal Airport located at 500 Terminal Drive. Bobby Ray, Acting Director gave a staff report of the facts of the case. The Airport Master Plan identifies the need for an Air Traffic Control Tower. The elevation of the proposed tower as submitted by the consultant is 85 feet. The maximum building height on the airport property is 35 feet per the current development standards applicable to the site. Therefore a variance is requested. Staff based its recommendation on the findings that the use of an airport is unique to the development code and should be subject to development standards that reflect this uniqueness. The granting of the variance would not conflict with the Comprehensive Plan in that the Airport Master Plan Update establishes the need for an air traffic control tower. The Master Plan will be adopted as an element of the Comprehensive Plan, and therefore, the granting of the variance would actually serve as an implementation of the Comprehensive Plan. Boardmember Watson asked questions about the FAA standards and requirements. Travis McLain, Airport Manager, addressed the questions of the Board. He stated that the reason for the request is that the FAA has stated that 85 feet is the minimum height needed for the unobstructed line of sight and safe operation of the tower in the proposed location. This location is the only location that can be considered according to the design and engineering consultants. Boardmember Watson questioned the location and operation of the beacon on the tower. McLain responded that the beacon must be on top of the tower so as to not hinder the sight of the controllers, and the hours of operation are dusk to dawn. Chair Moore opened the Public Hearing at 6:18 p.m. B. Keith Peshak, 800 Oak Crest Lane, spoke in opposition of the tower and the operations of the airport. He submitted his letter for the record. Howard Fomby, 30410 Berry Creek and Vice-Chair of the Airport Advisory Board, addressed the moving of the beacon to a separate location from the tower and explained that would not be feasible , nor would turning it off at night when it is needed. He explained that since this tower would be visible from many locations in the city, extra funds have been allocated to improve the appearance of the tower and to make it appear more consistent with the community. Michael Simpson, 109 Windmill Cove, spoke about his concerns that if the tower is allowed there would be an increase in use of the airport and the safety concerns resulting from that increased use . Mark Dietz, 340 River Chase and Chair of the Airport Advisory Board, spoke for the tower variance request and explained the process and science that went into the designing of the tower by engineers. He also stated, to clarify another statement that was made, that the City will not have any expenses for staffing of the new airport as those positions are filled and funded by the FAA. Georgetown airport has been chosen by the FAA as needing the tower more than any other facility in Texas. Ron Doernbach, 128 Canyon Rd, and Vice-Chair of the Parks and Recreation Board, opposes the height of the tower being built that close to the adjacent neighborhoods and states that the tower height is too excessive for a community of this size. He gave examples of airport towers in other major cities that were not this high. Chair Moore closed the Public Hearing at 6:43 p.m. Boardmembers deliberated the points. Discussion was held about whether the Board could debate the appropriate height of the tower. Ray clarified that the Board was only allowed to approve or deny the variance for the 85 foot tower. There was a discussion about the placement of the beacon on the tower and the options of the Board to offer alternative locations. Chair Moore stated he appreciated the speakers’ comments and that they are important in the decisions that need to be made. He stated that the fact that the tower was going to be built was regardless of the vote of the BOA and that the only thing they were voting on was the acceptance of the 85 foot tower. Ray reiterated the fact that approval of the variance request would require 75% of the Board’s approval, meaning all 4 members present would have to vote in the affirmative to approve this request. Motion by Boardmember McDonald to approve the requested variance from Table 6.02.030 of the Unified Development Code (UDC) to allow a maximum height of 85 feet, where 35 feet is permitted, for the proposed Airport Traffic Control Tower of the Georgetown Municipal Airport located at 500 Terminal Road, with reference to findings of fact as listed in the Staff Report. Chair Moore amended the motion to ask staff to research the height and location of the beacon and to mitigate the effects of the beacon on neighbors. Boardmember McDonald concurs. Second by Boardmember Watson. Vote 3-1 with opposition by Vasquez. This represents a denial of the variance. Motion by Board member McDonald to adjourn the meeting . Meeting adjourned at 7:05 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, July 19, 2005 The Zoning Board of Adjustment will meet on Tuesday, July 19, 2005 at 06:00 PM in the City Council Chambers, 103 W. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Ann Snell, Audrey McDonald, Danny Swafford (Chair), Dan Popejoy, Richard Vasquez III. Alrenates- Jim Jarvis, William Moore and Earl Watson 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 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 invited 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 2.Consideration and possible action to nominate and elect a Vice Chair and Secretary for the new Term of Membership for the Commission (tabled from the March meeting). 3.Public hearing and possible action on a variance from the Unified Development Code (UDC) Section 8.06.060 (E) (1) to allow the placement of a portion of a detention pond within the Gateway Overlay District for lots 2 & 3, of the W.D. Ischy Subdivision, located at 4909 Williams Dr. 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 _________________, 2005, 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, July 19, 2005 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , July 19, 2005. Members Present: Danny Swafford, Chair; Rick Vasquez, alternate; Jim Jarvis, alternate; William Moore, alternate; Earl Watson Members Absent: Ann Snell, Audrey McDonald, Don Popejoy Staff Present: Bobby Ray, Chief Development Planner; Karen Frost, Recording Secretary Minutes Regular Meeting RECORD OF ACTION ZONING BOARD OF ADJUSTMENT CITY OF GEORGETOWN, TEXAS (July 19, 2005) CASE NUMBER: VAR 2005-006 LOCATION: 4909 Williams Dr. LEGAL DESCRIPTION: Lot 2 & 3 of the W.D.Ischy Subdivision PROPERTY OWNER: Colonial Commercial Management, Inc. PROPOSED PROJECT: Variance from UDC Section 8.06.060.E.1 to allow the placement of a portion of a Detention Pond within the 25’ Gateway Overlay Buffer in conjunction with the future development of an office park consisting of five detached office buildings. WHEREAS, Charlotte Amato on behalf of Colonial Commercial Management, Inc., the property owners, requested a variance to the Unified Development Code (UDC) for Lots 2 and 3 of the W.D. Ischy Subdivision located at 4909 Williams Drive; and WHEREAS, a public hearing on this request was held by the Zoning Board of Adjustment of the City of Georgetown, Texas, on July 19, 2005, after due notice and publication as required pursuant to Section 3.03 of the City Unified Development Code (UDC); and WHEREAS, at said hearing, all persons desiring to offer comments before the Board were afforded the opportunity to do so; and WHEREAS, all testimony and supplemental material presented to the Board were carefully considered; and WHEREAS, Jim Jarvis made a motion to Approve a variance to Section 8.06.060.E.1. (“Shared Design Standards”, “Utilities”) of the Unified Development Code (UDC) to allow the placement of a portion of a Detention Pond within the 25’ Scenic / Natural Gateway Overlay Buffer; WHEREAS, said motion was seconded by Earl Watson; and WHEREAS, said motion was supported by the following vote: IN FAVOR Swafford, Vasquez, Jarvis, Moore, Watson OPPOSED None ABSENT Snell, McDonald, Popejoy WHEREAS, Section 211.009(c)(3) of the State Local Government Code and Section 3.15.040 (B) requires an affirmative vote of 75% of the members of the Board to approve a variance request; and WHEREAS, said motion to Approve the variance request received an affirmative vote of 5-0; and WHEREAS, the variance approval was based upon the following findings of fact as required by Section 3.15.030 of the Unified Development Code: 1.Extraordinary Conditions The topography of the site represents a physical limitation that, in conjunction with the right-of-way reservation along Williams Drive, limits the applicant’s ability to adequately locate and design a detention pond without some encroachment into the 25-foot gateway overlay district. The site is relatively flat with little relief, thereby creating shallow pond conditions requiring more surface area for adequate detention. The applicant could move the adjacent building (Building E) to accommodate the area of the detention pond, however moving the building would necessitate the removal of a stand of existing trees directly behind Building E. 2. No Substantial Detriment The variance does not represent any detriment to the public health, safety, or welfare, or injury to other property in the area in that the proposed detention pond is located adjacent to the Williams Drive right-of-way extending to the south for a limited distance. The proposed retaining wall and detention pond, located adjacent to the southerly property, is permitted outside of the Overlay District buffer and is therefore not a part of this variance request. The area of this facility located within the Overlay District buffer is limited in size (13 feet along the southerly side) and does not represent any potentially negative impact upon the adjacent property. 3. Other Property The conditions that create the need for the variance do not generally apply to other property in the vicinity in that this property is relatively flat topographically, which creates the need for greater detention pond surface area. This condition does not necessarily affect other properties in the vicinity. 4. Applicant’s Actions The conditions that create the need for the variance are the result of the site topography, existing tree stands and the 35-foot right-of-way dedication along Williams Drive. These conditions are not the result of the applicant’s actions. 5. Comprehensive Plan The granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this code in that the degree of encroachment is relatively small given the length of frontage along Williams Drive. Additionally the need for the variance request is, to some extent, derived from compliance with the Comprehensive Plan goals. Specifically the right-of-way dedication, as required by the City’s Overall Transportation Plan, and the preservation of trees as encouraged by the City’s Future Land Use Plan (Goal 11.3). 6. Utilization Because of the conditions that create the need for the variance, the application of this code to the particular piece of property would unreasonably restrict the utilization of the property in that the relatively limited slope of the lot creates a hardship with regards to detention pond location and size. Given the topography of the site more surface land area is required for the detention pond. This larger area, combined with the reservation of right-of-way and the desire to preserve on-site trees, has created the need for the variance request. NOW, THEREFORE BY ORDER OF THE BOARD, a variance to Section 8.06.060.E.1. (“Shared Design Standards”, “Utilities”) of the Unified Development Code (UDC) to allow the placement of a portion of a Detention Pond within the 25’ Scenic / Natural Gateway Overlay Buffer for the property located at 4909 Williams Drive has been approved. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, May 17, 2005 The Zoning Board of Adjustment will meet on Tuesday, May 17, 2005 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: 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 Workshop of the Zoning Board of Adjustment. If you need accommodations for the meeting, please contact Planning and Development in advance of the meeting at (512) 930-3575. Zoning Board of Adjustment Training / Workshop - Call to order at 6:00 PM 1.Training Session with the City Attorney and Planning and Development Staff. 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 _________________, 2005, 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, April 19, 2005 The Zoning Board of Adjustment will meet on Tuesday, April 19, 2005 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: Danny Swafford, Jim Jarvis, Ann Snell, Earl Watson, Audrey McDonald, Dan Popejoy, Richard Vasquez III, 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 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 to nominate and elect a Vice Chair and Secretary for the new Term of Membership for the Commission (tabled from the March meeting). 3.Public Hearing to consider a Variance from Section 6.02.040 B. 1a. of the Unified Development Code (UDC) to allow a carport to encroach approximately six feet (6’) into the twenty-foot (20’) front yard setback at University Park, Block 4, Lot 10-13, located at 1601 East 14th 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 _________________, 2005, 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, March 15, 2005 The Zoning Board of Adjustment will meet on Tuesday, March 15, 2005 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: Dan Popejoy, Ann Snell, Richard Vasquez 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. , Earl watson, Danny Swafford, Audrey McDonald, Jim Jarvis, Will Moore 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 November 16, 2004 meeting. 3.Public Hearing to consider a Variance from Section 6.02.040 B. 3g. of the Unified Development Code (UDC) to allow parking in the front setback for Parkview Estates, Section One, Block D, Lot 176, located at 119 Benchmark 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 _________________, 2005, 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, March 15, 2005 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , March 15, 2005. Members Present: Jim Jarvis, Ann Anell, Earl Watson, Audrey McDonald, Richard Vasquez III. Members Absent: Danny Swafford, Dan Popejoy Staff Present: Paula Dessler, Bobby Ray, AICP Minutes Regular Meeting 1.Action from Executive session-NONE. 2.Will table the election of a Vice Chair and Secretary for the next meeting. 3.Public hearing to consider a Variance from Section 6.02.040 B. 3g of the Unified Development Code (UDC) to allow parking in the front setback for Parkview Estates, Section One, Block D, Lot 176, located at 119 Benchmark St. 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 Tommy Bell presented the application. Points reviewed: The court requested that the applicant have a separate room for the daughter coming to stay at the house. It would cost him additional time and money to build the additional parking out front. In addition the applicant thought the screening would anger his neighbors. Findings of Fact 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. There were no physical circumstances related to the property that necessitated the need for the parking space to be located within the 25-foot front yard setback. 2. There was no evidence presented which would indicate that granting the variance would have been detrimental to the public health, safety, and welfare. 3. The conditions surrounding this variance request would not apply to any other property in the vicinity of the subject site, due to the fact that the need for the variance was the result of the owners attempted enclosure of the garage. Other properties within the vicinity of the subject site attempting to enclose, and / or eliminate, required garage parking would be subject to the same variance process. 4. The need for the variance are the direct result of the applicant’s own action. The attempted garage enclosure was constructed without required building permits and without demonstrated compliance with applicable building codes. Enforcement was initiated by the City in response to a complaint received (TAKE-96UPH9). As part of the enforcement action the applicant was made aware of the need for the variance in order to relocate the eliminated off-street parking space to the front yard setback. 5. The granting of the variance would substantially conflict with the purposes of the UDC, which allows for 50% of the front yard setback to be used for parking subject to screening of parking from the public view. This Code allowance recognizes the need for flexibility by providing an administrative process for parking in the front yard setback, provided the aesthetic impacts are lessened by appropriate screening. The requested variance would allow for the benefit of parking in the front yard setback without providing any screening from the public right of way. 6. 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 required off-street parking location would prohibit or unreasonably restrict the use of the property. The use of the property for single-family residential purposes would not be impacted by compliance with the parking requirements. The applicant would not be allowed to increase the livable area of the structure by enclosing a garage space. Since required parking for a single-family residence is 2 off-street spaces, and is not based upon living area, there would be no parking limitation associated with a legally constructed addition. Motion By Snell to deny the Variance request based on it does not comply with the findings of facts (with the exception of #2) as required by the ordinance. Second by McDonald. 3-2 IN FAVOR Snell, McDonald, Watson OPPOSED Jarvis (Alternate), Vasquez ABSENT Swafford, Popejoy Meeting adjourned at 7:42