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HomeMy WebLinkAboutZBA_Agenda&Minutes_2006Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, December 19, 2006 The Zoning Board of Adjustment will meet on Tuesday, December 19, 2006 at 06:00 PM in the City Council Chambers 101 E. 7th Street, Georgetown, Texas 78626 If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: William Moore, Chair, Earl Watson, Vice Chair, Jim Jarvis, Ann Snell, Richard Vasquez III Alternates: Steve Lampinstein, Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the November 21, 2006 meeting. 3.VAR-2006-016 Public hearing to consider a variance to Section 12.02.020 requiring construction of sidewalks along public right-of-ways for Lots 5 & 6, Fountainwood Plaza, located at 5404 Williams Drive. http://www.georgetown.org/gis/plds/ZBA/VAR-2006-016.pdf 4.Comments from Staff. Comments from Board Members. 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 _________________, 2006, 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 19, 2006 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , December 19, 2006 . Members Present: Will Moore, Chair, Ealr Watson, Secretary, Steve Lampinstein, Dale Ross Members Absent: Jim Jarvis, Ann Snell, Richard Vasquez III Staff Present: Jennifer Bills, Planner; Melissa McCollum, Planner; Stephanie McNickle, Planning Specialist; David Munk, Development Engineer; Bobby Ray, Planning Director; and Karen Frost, Recording Secretary. Minutes Regular Meeting These minutes are in draft form until approved by the Board 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 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. Chair Moore called the meeting to order at 6:03 p.m. and asked the two alternates, Ross and Lampenstein, to serve on the dais. (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 Board of Adjustment meeting of the November 21, 2006 meeting. (Chair Moore skipped directly to item number 3.) 3.Public Hearing to consider a variance to Section 12.02.020 requiring construction of sidewalks along public right-of-ways for Lots 5 & 6, Fountainwood Plaza, located at 5404 Williams Drive (VAR 2006-016). Bills presented the staff report. This site is the future home for the San Gabriel Presbyterian Church. The property was annexed into the city limits in 2000. It was rezoned to C-3, General Commercial, with restrictions in 2005. A site plan for the church was approved on July 10, 2006. The applicant is requesting a variance from the requirement to construct a sidewalk that runs parallel to the street. The applicant’s basis for the variance is because they believe that future Texas Department of Transportation expansion of Williams Drive will eventually remove the proposed sidewalk and will have to be replaced and the properties to either side of the subject property do not currently have sidewalks. Bills reported that she conferred with a representative from TxDOT and that the representative stated that the right-of-way for the expansion has already been acquired. The sidewalks shown on the site plan will be on private property. As for any disturbance during the construction, TxDOT’s policy is to replace any sidewalk that might get damaged in construction. Additionally, the applicant has the option of placing a bond with the city for the sidewalk construction and building after TxDOT finishes construction. Staff recommends denial of this request based on the lack of findings of fact, time and economical reasons are not applicable reasons for granting a variance. Commissioner Watson asked when the sidewalk plan became effective. Bills replied the sidewalk plan was adopted in 2000 and the site plan, showing the sidewalks, was submitted in 2006. Bobby Ray addressed the Board and explained that the original application for the project was based on a site plan variance. The City Attorney has said this is also a platting issue that should be addressed by P&Z and City Council. Ray discussed the process of issuing a variance versus a plat amendment. William Holland, the applicant, representing the church, introduced himself. He provided arguments for granting the variance that were listed on the application, and adding that it is a safety issue to have pedestrians on Williams Drive. He also does not want to be the first person in the “neighborhood” to build a sidewalk to nowhere. He thinks sidewalks on major thoroughfares is poor planning. He says he will put the sidewalk in later, but wants the flexibility to put it in when he feels it is necessary. Lampenstein asked Mr. Holland how the city could insure that the sidewalk would be built in the future. He asked if a bond could be done. Mr. Holland said he could, but economically that is not what the church wants to do. Watson asked Mr. Holland why he didn’t ask for the variance at the beginning of the project. Holland responded that they were trying to adapt to this area and be logical in the process. Watson questioned the difference in the responses of TxDOT reported by applicant and staff. Holland responded that they must have talked to different people at TxDOT because he was told that most of the ROW was on the other side of Williams Drive. Moore asked staff to clarify. David Munk responded that he didn’t know why the answers were different, but that TxDOT’s track record was good in replacing property if they damaged it. Moore also asked if development on either side of this property would have the same requirements. Staff responded yes, they would. Watson attempted a motion that began several other discussions and motions. Please see the attached Transcription Notes for further details. The Variance was denied 4 – 0. Chair Moore opened Item number 2. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the November 21, 2006 meeting. Motion by Ross to approve the Minutes as posted. Second by Watson. Approved 4 – 0. 4.Comments from Staff. No comments. 5.Comments from Board Members. No comments. Meeting was adjourned by the Chair at 6:57 p.m. Board of Adjustment Motion for item #3 on Dec. 19, 2006 Agenda Watson: Mr. Moore if the decision is that we are going to make is that if we approve the variance that they would never be required to have a sidewalk in front of his church, I would not be in favor of that. I make a motion that the variance be denied. Moore: All right, we have a motion that the variance is denied, do we have a second? Lampenstein: I’ll second it. And I have a quick question on that. Is it, and I know he already made it, there’s no way to change it where the variance is just to not build it at this time but to build it at a later time? Moore: No, that’s not within our . . . . . . (purvue?) Lampenstein: OK, that was my question. Moore: So we have a motion, Any other comments? W e have a motion to deny the variance we have a second. I’ll call for a vote. all those in favor of denial of the variance request, raise your right hand and say aye. Watson: aye Moore: Two and two. All those in opposed to denying the variance raise your right hand and say I. Opposed to denying the variance. Lampenstein: Uh,eh, yeah it’s. . . . Moore: You have to think about it. OK. Lampenstein: Right. Now if we deny it, the question is if the city, we deny it that means its done you can’t even go back and say if you put up a letter of credit you can build it later on, is that my understanding? Ray: If you deny the variance? Lampenstein: Right, is there any way that if they are willing to put up a letter of credit Moore: Wait a minute, wait a minute, wait a minute, we have a point here that I want to stop. We’ve taken a vote but if we want to backup on that vote you need to say so. Is that what you want to do? Lampenstein: I would just like to for clarification if there’s any way that a letter . . . . . . is that OK? Moore: (at same time) . . . . We are going to revote so just take that off and let me clarify. Go ahead Lampenstein: You understand what I’m saying, is there any way that the city would consider a letter of a credit to do and you’ll have to and I’m saying you’ll have to work it out with the city when the sidewalk gets put in at that point that they feel it’s a need. How would we have to vote in order to do that, that’s what I’m trying . . Laughs. Because of this, you know is there a way to do this? Ray: Bottom line, if you approve the variance that question is off the table. OK. Lampenstein: OK, But if we . . . . Ray: If you deny the variance then we can work with Mr. Holland on a letter of credit and a time frame that we can both agree to. Lampenstein: Oh, OK, I thought it was . . . OK, I’d like to revote then. Ray: He can do that now, on the other hand he can withdraw the application and we can work with him on a letter of credit and the time frame as well. Holland: (from audience not amplified) Bottom line is if you turn it down, they get to negotiate with me, if you approve it I get the opportunity to negotiate with them,. Moore: That’s right but that’s outside what we are trying to decide. I understand what you are saying. Holland: ___________ Moore: I understand. Well, it could be, if you . . . I don’t want to get into it. That really complicates the issue. We have a motion to deny and we have a second to the motion to deny. I will call for another vote. All those in favor of denying the request for the variance say I and raise your right hand. Watson: aye Lampenstein: to deny? Moore: To deny the variance? Lampenstein: Right, aye Ross: I Moore: We have four. What we’ve done is denied your application for the variance. I don’t know why this got so complicated. It really is ________. Uh. So you’re still obligated to, to comply with the UDC rules and build the sidewalk. The time when you build that sidewalk or uh, any other issues about the sidewalk, the width the length, or anything like that that you want to negotiate with staff, staff is open to do that. What we have said is that sooner or later, someday you are gonna have to build the sidewalk. Is everybody clear on that? Lampenstein: We tried. Moore: Thank you very much. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, November 21, 2006 The Zoning Board of Adjustment will meet on Tuesday, November 21, 2006 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 Moore, Chair, Earl Watson, Vice Chair, Jim Jarvis, Ann Snell, Richard Vasquez III Alternates: Steve Lampinstein, Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the October 17, 2006 meeting. 3.Public hearing to consider a variance to Section 10.06.010 to allow a 0 foot setback for a freestanding sign where a 5 foot setback is required for Lot 2(E/PT), Block 1, Highland Park Addition, located at 508 FM 1460. http://www.georgetown.org/gis/plds/ZBA/VAR-2006-015.pdf 4.Comments from Staff. 5.Comments from Board Members. 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 _________________, 2006, 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 21, 2006 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , November 21, 2006 . Members Present: William Moore, Chair; Jim Jarvis, Vice Chair; Earl Watson Alternates present: Patrick Lawson, Dale Ross Members Absent: Ann Snell, Richard Vasquez III, and Steve Lampinstein Staff Present: Jennifer Bills, Planner; and 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 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. Chair Moore called the meeting to order at 6:03 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session There was not an executive session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the October 17, 2006 meeting. Motion by Lawson to approve the minutes as printed. Second by Watson. Approved 5 – 0. 3.Public hearing to consider a variance to Section 10.06.010 to allow a 0 foot setback for a freestanding sign where a 5 foot setback is required for Lot 2(E/PT), Block 1, Highland Park Addition, located at 508 FM 1460. (VAR-2006-015) Bills presented the staff report. This property was originally a single family residence that was built in the 1960s. The site was rezoned in 2001 from RS, Single Family Residential to C-1, Local Commercial. The single family residence has recently been converted to an office to be used as a realty business. The applicant is requesting a variance from the required setback for a freestanding monument sign. Freestanding signs in a C-1 zoned district are required to be set back at least 5 feet from the property line. The applicant wants to place the sign on the property line because they feel that the 33 feet of unpaved right-of-way between the road and the property line, along with the 5 feet set back puts their sign too far out of the view from the street. Jarvis questioned TxDot’s regulations and whether the Board could overstep those. Bills assured him that the variance would allow the sign to still be within the guidelines established by TxDot for a state road. The applicant, Dana Luna, presented the Board with a packet of aerial photos and other photos of existing signs and their measurements on the same street as their property. She stated this is the only property with the property line 33 feet from the street curb; the other three houses on that block are zoned for mixed use. Chair Moore thanked her for the presentation. Chair Moore opened the Public Hearing. No one responded. Moore closed the Public Hearing. Board members made clarifications of other facts with Bills responding. Motion by Jarvis to approve the variance Based upon the evidence presented by the applicant, with the following findings of fact: (1)There are special circumstances existing on the property, on which the application is made related to size, shape, area, topography, surrounding conditions and location, that is, there are extraordinary conditions that warrant a variance. This property has a wider unpaved Right-of-Way than other properties along the same street, and that is a special circumstance that was not created by the applicant. (2)The granting of the variance on the specific property will not be detrimental to the public safety, even if the road is widened, and as the applicant states makes the property more visible from a further distance and effectively more safe for customers and other drivers ; and (3)The conditions creating the need for the variance do not apply generally to other property in the same area and the same zoning districts, that is, other commercial properties along Leander Road and FM 1460 have placed signs without need of a variance; and (4)The conditions that create the need for the variance are not the result of the applicant's own actions, that is the applicant has not created any of the current conditions. The FM 1460 right-of-way predated their ownership of the property; and (5)The granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this code. Placement of the sign does not affect the land use; and (6)Because of the conditions that create the need for the variance, a variance is needed to effectively utilize the property in order that the sign can be placed so that the customers and general public could see it and be able to find the business. Second by Watson. Variance is granted with a vote of 5 – 0. 4.Comments from Staff. No comments. 5.Comments from Board Members. No comments. Meeting was adjourned by the Chair at 6:33 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, October 17, 2006 The Zoning Board of Adjustment will meet on Tuesday, October 17, 2006 at 06:00 PM in the City Council Chambers, located at 103 W. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: William Moore, Chair, Earl Watson, Vice Chair, Jim Jarvis, Ann Snell, Richard Vasquez III Alternates: Steve Lampinstein, Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the July 18, 2006 meeting. 3. Public hearing to consider a variance to allow a detached garage to encroach 8.4 feet into the side setback on 0.394 acres of the Hughes Addition, Block 14 and 15, located at 1703 South Elm Street. http://www.georgetown.org/gis/plds/ZBA/VAR-2006-014.pdf 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 _________________, 2006, 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, October 17, 2006 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , October 17, 2006. Members Present: Earl Watson, Acting Chair; Jim Jarvis, Ann Snell, Richard Vasquez III Alternates present: Steven Lampinstein, Patrick Lawson, Dale Ross Members Absent: Will Moore Staff Present: Jennifer Bills, Planner I and 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 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. by Acting Chair Watson . He led the Pledge of Allegiance. He then asked alternate Steve Lampinstein to sit on the dais, making the number of members five. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session There was no executive session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the July 18, 2006 meeting. Motion by Snell to approve the minutes with the correction of Steve Lampinstein to be noted as present at that meeting. Second by Lawson. Approved 5 - 0. 3.Public hearing to consider a variance to allow a detached garage to encroach 8.4 feet into the side setback on 0.394 acres of the Hughes Addition, Block 14 and 15, located at 1703 South Elm Street. (VAR-2006-014) Jennifer Bills presented the staff report . The property is the location of a single family residential house and a detached garage in the Old Town District. The house and garage have existed in their current configuration for at least the last 60 years. The current garages is located approximately 2.7 feet from the rear property line and 0.7 feet from the north side property line. The condition of the current structure is deteriorating due to age and termite damage. The applicant is requesting that the side yard setback requirement of 10 feet be reduced to 1.6 feet in order to build a new detached carport. Taking into account the size of the lot and location of the house, it is impossible to set the carport 10 feet from the property line while utilizing the current driveway. The proposed garage would be moved forward to the edge of the 20 foot rear setback and be in compliance with the UDC requirements. With the situation of the existing house and large, established pecan trees on the property, relocating the garage elsewhere on the property would be extremely difficult. The carport will face and take driveway access off Elm Street. The applicant, Robert Watson, was available for comment and stated that he was anxious to get rid of the rats and termites that exist in the old building. Chair Watson apologized for not having quorum at the last ZBA meeting and having an answer for him then. Chair Watson opened the public hearing. No one came forward to speak. He closed the public hearing. There was no discussion offered by the board. Motion by Jarvis to approve the variance based on the staff’s findings of fact . Second by Lawson. Approved 5 – 0. Motion by Lawson to adjourn. Second by Vasquez. Meeting was adjourned at 6:12 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Thursday, September 28, 2006 The Zoning Board of Adjustment will meet on Thursday, September 28, 2006 at 06:00 PM in the City 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 Moore, Chair, Earl Watson, Vice Chair, Jim Jarvis, Ann Snell, Richard Vasquez III Alternates: Steve Lampinstein, Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the July 18, 2006 meeting. 3.Public hearing to consider a variance to allow a detached garage to encroach 8.4 feet into the side setback on 0.394 acres of the Hughes Addition, Block 14 and 15, located at 1703 South Elm Street. http://www.georgetown.org/gis/plds/ZBA/VAR-2006-014.pdf 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 _________________, 2006, 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 Thursday, September 28, 2006 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Thursday , September 28, 2006. Members Present: Will Moore, Chair; Jim Jarvis, Earl Watson Members Absent: Ann Snell, Richard Vasquez III, Alternates: Steve Lampinstein, Patrick Lawson, and Dale Ross Staff Present: Jennifer Bills, Planner and Karen Frost, Recording Secretary Minutes Regular Meeting Due to not having a full quorum, this meeting was not held. No action could be taken and minutes were not initiated. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, July 18, 2006 The Zoning Board of Adjustment will meet on Tuesday, July 18, 2006 at 06:00 PM in the City Council Chambers, located at 101 E. 7th Street If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: William Moore, Chair, Earl Watson, Vice Chair, Jim Jarvis, Ann Snell, Richard Vasquez III Alternates: Steve Lampinstein, Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the May 16, 2006, meeting. 3.VAR-2006-011 Public hearing to Consider the approval of the expansion of a nonconforming land use to allow for the expansion of a lawnmower repair business within a residentially zoned district for 0.30 acres in City of Georgetown , Division C, Outlot 22, also known as Bobby Jennings Small Engine Repair, located at 305 E. 4th Street. For a full report: http://www.georgetown.org/gis/plds/ZBA/VAR-2006-011.pdf 4.VAR-2006-012 Public hearing to Consider a Variance from Section 7.03.040 C of the Unified Development Code (UDC) requiring a minimum rear setback of 5 feet for an accessory structure and Table 6.02.030 of the UDC requiring a 10 foot side setback, to allow an existing storage building to encroach 2 feet into the rear setback and 6.5 feet into the side setback for Lot 10, Block Q, River Ridge, Section 2-A, located at 110 South Ridge Circle. For a full report: http://www.georgetown.org/gis/plds/ZBA/VAR-2006-012.pdf 5.VAR-2006-013 Public hearing to Consider a Variance from Section 7.03.040 A of the Unified Development Code (UDC) to allow a garage to be built with a 10 foot side setback where a 20 foot side setback is required, for a section of Lot 8, Block 3 in the Logan Addition, located at 1603 Main Street. For a full report: http://www.georgetown.org/gis/plds/ZBA/VAR-2006-013.pdf 6.Comments from Board. 7.Comments from Director. 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 _________________, 2006, 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 18, 2006 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , July 18, 2006. Members Present: William Moore, Chair; Earl Watson, Vice Chair; Jim Jarvis, Richard Vasquez III Alternates present: Patrick Lawson, Steven Lampinstein Members Absent: Dale Ross, and Ann Snell Staff Present: Jennifer Bills, Planner; Barbara Quirk, acting City Attorney and 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 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: 6:05 p.m. by Chair Moore. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session There was no executive session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the May 16, 2006, meeting. Motion by Watson to approve the minutes. Second by Vasquez. Approved 5 - 0. 3.Public hearing to Consider the approval of the expansion of a nonconforming land use to allow for the expansion of a lawnmower repair business within a residentially zoned district for 0.30 acres in City of Georgetown, Division C, Outlot 22, also known as Bobby Jennings Small Engine Repair , located at 305 E. 4th Street. (VAR-2006-011) Staff report was given by Jennifer Bills. This residential property was purchased by the applicant in 1995. At the time of purchase, the development on the lot consisted of a single family residential house and two accessory structures. In 1999, one of the accessory structures, 192 square feet in size located on the east side of the property, was torn down and replaced with a larger metal sided accessory structure of 512 square feet. Also owned by the applicant is the adjacent property to the north, 302 E. 3rd Street which is the location of Georgetown Outdoor Power, Inc., also doing business as Bobby Jennings Small Engine Sales & Service. The engine repair shop was constructed and began operation around 1970, before zoning districts were in place that would have restricted the property to residential uses only. Under the current zoning use regulations, a business of this nature, Minor Vehicle Service, would only be permitted in C-3, General Commercial and IN-Industrial districts. Under the Unified Development Code, Section 14.03, this business is considered a “Legal nonconforming land use” and can remain on the residentially zoned property for as long as it continually operates as the same type of business. In August 2002, the City began receiving complaints from surrounding property owners that residential property was being used by the adjacent commercial business for storage. Small engines and other shop related equipment was being stored in the front, back and side yards. After working with the city and the adjacent property owner, a temporary solution was agreed upon to give the applicant time to find a more permanent solution. This solution allowed the applicant to have storage on the back half of the property, on the residential lot, behind a six foot wooden privacy fence. The house was used as a residential rental property until January 2004, when the house was partially destroyed by fire. The house remained uninhabitable and, after complaints about the lack of action to either demolish the remaining structure or rebuild the house, the owner began reconstruction of the house in August 2005. The house is not complete to date . The applicant is requesting that the engine repair business , a nonconforming commercial land use, (14.03 UDC) be allowed to expand onto his residential property to the south. The expansion would allow the existing business to use the backyard of the residential property to store lawnmowers and other similar equipment that is repaired at the shop. Staff recommends denial of the request, based on the findings of fact that were given to the Board. Jarvis questioned the implications of the city allowing the property to be misused. Quirk responded that there were no rights of the property owner attached to the illegal use and that the property is not rezoned because a use is allowed to exist for a certain amount of time. Bills stated that she would recommend a period for removal of the business that would be agreed upon by City Code Enforcement. The applicant’s attorney and agent , Bill Connor was asked to speak. He introduced himself and explained that he and the applicant understand it is a continuance of use that they are requesting. He explained that the business is divided into three parts: those machines that are waiting to be repaired, those machines that have been repaired and are waiting for pick-up, and those machines that can’t be repaired and are waiting for pick-up. He also explained that this business provides a livelihood to 8 families and is a 35 year old business. Jarvis and Watson asked clarifying questions of Mr. Connor. Chair Moore opened the Public Hearing. Tina Spencer of 311 E 4th Street stated she was opposed to the expansion. She was aware of the owner’s hardships and glad his business had grown, but that growth was affecting the historical neighborhood’s quality of life. Kay Summers of 309 E 4th Street spoke and stated she was not without compassion for Mr. Jennings, but she was told the fence agreement was supposed to be temporary fix and not a permanent solution. Rebecca Pfeister, building a home at 4th and Elm Street, stated that two wrongs (done by the Jennings) did not make a right and she felt that allowing the business to expand would be detrimental to the neighborhood. Moore closed the Public Hearing and thanked the speakers. The Board deliberated the issues and the comments made. Motion by Watson to deny the request for the expansion of a nonconforming land use within a residentially zoned district for 0.30 acres in the City of Georgetown, Division C, Outlot 22, also known as Bobby Jennings Small Engine Repair, located at 305 E 4th Street, based on the finding of fact noted by staff. Second by Lawson. Motion approved to deny the request, 5-0. Moore stated he wanted to make sure the applicant understood that the request was based on the board’s decision that this business was not acceptable for a residential neighborhood. 4.Public hearing to Consider a Variance from Section 7.03.040 C of the Unified Development Code (UDC) requiring a minimum rear setback of 5 feet for an accessory structure and Table 6.02.030 of the UDC requiring a 10 foot side setback, to allow an existing storage building to encroach 2 feet into the rear setback and 6.5 feet into the side setback for Lot 10, Block Q, River Ridge, Section 2-A, located at 110 South Ridge Circle. (VAR-2006-012) Jennifer Bills gave the staff report. This property was built in 1984, when the River Ridge subdivision was first being developed. According to the applicant, the house at 110 South Ridge Circle was originally a model home for the single family residential subdivision. The accessory structure in the northwest corner of the lot was built when the model home was constructed as a storage building for construction and real estate signs. The building did not have a building permit issued . A survey prepared to allow for the sale of the property revealed that the accessory structure was encroaching 2 feet into the rear setback and 6.5 feet into the side setback, as well as into a deeded public utility easements (PUE). Licenses are being sought from the City for the PUE encroachments. In 1996, when the current owner applied for a fence permit from the City he was incorrectly told that the structure was considered a legal nonconforming structure. The applicant is seeking a variance from the Unified Development Code requirements to allow the accessory to remain approximately 3 feet from the rear property line and 4 feet from the northwest side property line. Without the variance the structure would have to be moved to conform to existing setbacks or removed. Staff recommends approval of the variance. Virginia Lazenby, the agent for the applicants, spoke on their behalf. She requested the variance based on the fact that this situation has existed for 20 years without issue, and was only a problem when her clients tried to do the right thing by getting a fence permit. Moore opened the Public Hearing. No one signed up to speak. Moore closed the Hearing and opened the floor for board discussion. There was none. Motion by Jarvis to approve the requested variance from the Unified Development Code Section 7.03.040 C requiring a 5 foot rear setback and Table 6.02.030 requiring a 10 foot side setback, for Block Q, River Ridge, Section 2-A, located at 110 South Ridge Circle, based on the findings of fact identified by staff. Second by Vasquez. Approved 5 – 0. 5.Public hearing to Consider a Variance from Section 7.03.040 A of the Unified Development Code (UDC) to allow a garage to be built with a 10 foot side setback where a 20 foot side setback is required, for a section of Lot 8, Block 3 in the Logan Addition, located at 1603 Main Street. (VAR-2006-013) Jennifer Bills gave the staff report. The house on this lot was built around 1900. The lot is 9,200 square feet in size, with 611 square feet occupied by the neighboring property owner’s carport. The single-family residential house, approximately 1,650 square feet, is situated in the middle of the lot facing Main Street. A garage had been in the same location proposed for the new garage but was in disrepair and had to be removed. Previous development guidelines would have allowed the applicant to replace the garage in the same location and setback as adjacent properties. The street right-of-way for 16th Street is approximately 20 feet wider on the southern side than the actual street pavement width. The intent of the 20 foot setback is to keep cars from parking on a driveway within the right-of-way, too close to the street. With the 20 feet of right-of-way and the proposed 10 foot setback, the garage would be 30 feet from the street curb. The applicant is requesting that the side yard setback requirement of 20 feet for a corner lot be reduced to 10 feet in order to build a new detached garage. Taking into account the size of the lot and location of the house, it is impossible to set the garage 20 feet from the property line. The garage will face and take driveway access off 16th Street. Staff recommends approval of the variance. Board asked clarifying questions that were answered by Bills. The applicant was present and board members were complimentary of the remodel work that was completed at this time. Motion by Watson to approve the requested Variance from Section 7.03.040 A of the Unified Development Code (UDC) to allow a garage to be built with a 10 foot side setback where a 20 foot side setback is required, for a section of Lot 8, Block 3 in the Logan Addition, located at 1603 Main Street, based on the findings of fact noted by staff. Second by Lawson. Approved 5 – 0. 6.Comments from Board. Chair Moore complimented and thanked Bills for her work on the staff reports and findings of fact, stating that it made the Boards job much easier. 7.Comments from Director. None. Moore adjourned the meeting at 7:15 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, May 16, 2006 The Zoning Board of Adjustment will meet on Tuesday, May 16, 2006 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: William Moore, Chair, Earl Watson, Vice Chair, Jim Jarvis, Ann Snell, Richard Vasquez III Alternates: Steve Lampinstein, Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the April 18, 2006, meeting. 3.Public hearing to Consider a Variance to Section 7.03.040 of the Unified Development Code (UDC) to allow an attached garage on a residential property to encroach 8 feet into the side setback for a 0.12 acre part of Lost Addition, Block 64, located at 211 West 11th Street. 4.Comments from Board. 5.Comments from Director. 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 _________________, 2006, 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 16, 2006 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , May 16, 2006. Members Present: William Moore, Chair; Earl Watson, Vice-Chair; Jim Jarvis; Ann Snell; Alternates present: Steven Lampinstein, Patrick Lawson, and Dale Ross Members Absent: Richard Vasquez III Staff Present: Bobby Ray, Director, Planning & Development; Rebecca Rowe, Planner; and Karen Frost, Recording Secretary Minutes Regular Meeting These are draft minutes of the Zoning Board of Adjustment meeting of May 16, 2006. They are not finalized until they are approved by the Board at it 's 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 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: 6:07 p.m. Chair Moore led the Pledge of Allegiance. Moore presented the Order of Business and how the meeting would be run. (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 April 18, 2006. Motion by Watson to approve the minutes. Second by Snell. Approved 5-0. 3.Public hearing to Consider a Variance to Section 7.03.040(A) of the Unified Development Code (UDC) to allow an attached garage on a residential property to encroach 8 feet into the side setback for a 0.12 acre part of Lost Addition, Block 64, located at 211 West 11th Street. Rebecca Rowe presented the staff report. The property is currently developed with a two-story single family residential structure. the owner is proposing to construct a garage to be attached to the residence. Due to the size of the lot and the location of the house on the lot, the only feasible location for the new garage is 11.66 feet behind the property line. Including the 17.5 feet of right-of-way adjacent to the property, the proposed garage would be located roughly 29 feet from the street. The applicant was available for questions. Chair Moore opened the Public Hearing. There were no comments from citizens. The Public Hearing was closed. Motion by Snell to approve the variance to Section 7.03.040 (A) of the Unified Development Code (UDC) to allow an attached garage on a residential property to encroach 8 feet into the side setback for a 0.12 acre part of Lost Addition, Block 64, located at 211 West 11th Street. Based upon the evidence presented by the applicant(s) (and the other individuals who offered testimony on this application), I move that the Board find as follows: (1)There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location, that is, the lot is too small to construct a garage that complies with the applicable requirements; and (2)The granting of the variance on the specific property will not be detrimental to the public health, safety, or welfare or injurious to other property in the area, or to the City in administering this code, that is, there will be room for a car to park without extending into the street or impeding traffic; and (3)The conditions creating the need for the variance do not apply generally to other property in the same area and the same zoning districts, that is, the garage will be compatible with existing structures in the area; and (4)The conditions that create the need for the variance are not the result of the applicant's own actions, that is, the building existing on the property imposes the need for the variance; and (5)The granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this code, that is, the proposed garage will be consistent with other buildings in the area; and (6)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, that is a suitable garage could not be constructed on this property without a variance; and (7)Based upon the foregoing evidence and criteria, I move that the Board approve the variance to Section 7.03.040(A) of the UDC requested by the applicant for the property located at 211 West 11th Street. Second of the motion by Jarvis. Motion was approved 5 – 0. 4.Comments from the Board. There were no comments. 5.Comments from the Director. Bobby Ray stated that the item from the last meeting, to discuss a sidewalk variance for the Dollar General Store on North Austin Avenue, had been pulled by the applicant. The applicants will not be requesting this variance, they are working with Texas Department of Transportation for a solution. Motion by Watson to adjourn. Moore adjourned the meeting at 6:17 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, April 18, 2006 The Zoning Board of Adjustment will meet on Tuesday, April 18, 2006 at 06:00 PM in the City Council Chambers, located at 101 W. 7th Street. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Danny Swafford, Chair, Earl Watson, Vice Chair, Ann Snell, Richard Vasquez III, Jim Jarvis, William Moore Alternates: Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the March 21, 2006, meeting. 3.Public hearing to Consider a Variance to Section 12.02.020 of the Unified Development Code (UDC) to allow the elimination of the required sidewalk in front of Lot 15A and 15B, Block A, Parkview Estates, Section 5, also known as Parkview Dollar General, located at 1801 North Austin Avenue. 4.Public hearing to Consider a Variance to Section 5.02.200 (E) of the Unified Development Code (UDC) to allow for the sale, rental, or lease of greater than 20 motor vehicles on the property, in association with a future vehicle sales facility for 4.58 acres in the Antonio Flores Survey, located on North Austin Avenue. 5.Public Hearing to Consider a Variance to Section 9.03.020 (B) of the Unified Development Code (UDC) to reduce the width of the required drive aisle to 25 feet where 26 feet is required, Section 4.05.040 (D) 6 of the UDC to reduce the required rear buffer of 10 feet and the required rear yard of 15 feet to allow a 5 foot rear yard, and Section 8.04.020 (D) 1 to reduce the required planting strip to 5 feet where 10 feet is required, for Lot 1, Block 2, Crestview Addition, Unit 1, located at 1602 Williams Drive. 6.Comments from Board. 7.Comments from Director. 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 _________________, 2006, 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 18, 2006 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , April 18, 2006. Members Present: William Moore, Chair Alternates present: Steven Lampinstein, Patrick Lawson, and Dale Ross Members Absent: Earl Watson, Vice Chair; Jim Jarvis; Ann Snell; Richard Vasquez III. Staff Present: Bobby Ray, Director, Planning & Development; Jennifer Bills, Planner; and 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 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: 6:01 p.m. Chair Moore led the Pledge of Allegiance. Moore presented the Order of Business and how the meeting would be run. (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 March 21, 2006. Motion by Ross to approve the minutes. Second by Lawson. Approved 3-0. (Lampinstein abstained.) 3.Public hearing to Consider a Variance to Section 12.02.020 of the Unified Development Code (UDC) to allow the elimination of the required sidewalk in front of Lot 15A and 15B, Block A, Parkview Estates, Section 5, also known as Parkview Dollar General, located at 1801 North Austin Avenue. This item was rescheduled to be on the agenda of the May 16, 2006 meeting, at the applicant’s request. 4.Public hearing to Consider a Variance to Section 5.02.200 (E) of the Unified Development Code (UDC) to allow for the sale, rental, or lease of greater than 20 motor vehicles on the property, in association with a future vehicle sales facility for 4.58 acres in the Antonio Flores Survey, located on North Austin Avenue. Staff report was given by Bobby Ray. This property is located on North Austin Avenue and was recently rezoned from RS, Residential to C-3, General Commercial. It was noted during the Planning and Zoning Commission meeting on March 7, 2006 that Section 5.02.200 (E) of the Unified Development Code requires that no more than 20 vehicles can be kept on-site at a vehicle sales facility within the C-3 zoning district. The limited use standard within the C-3 zoning was included in the UDC accidentally. The intended regulation was to require vehicle sales, rental or leasing facilities to apply for a Special Use Permit within the C-3 district. This section of the UDC is being amended and the Council’s second reading and approval is scheduled for May 11, 2006. Staff recommends approval of this variance request to allow the on-site storage of 300-400 motor vehicles on this site. The applicants, Steve Littlefield was available to answer questions. Lampinstein asked about the long-term affect of issuing a variance. Ray responded that if a variance was given, the result would be the same as a Special Use Permit. The Variance would convey with the land. Moore opened the Public Hearing. No one came forth to provide comments. Moore closed the Public Hearing. Motion by Lampinstein to approve the requested variance from UDC Section 5.02.200 (E) to allow the on-site storage of 300 – 400 motor vehicles, where there is a limit of 20, based on the findings of fact listed by staff, for 4.58 acres in the Antonio Flores Survey, Abstract No. 235, located on North Austin Avenue. Second by Lawson. Approved 4-0. 5.Public Hearing to Consider a Variance to Section 9.03.020 (B) of the Unified Development Code (UDC) to reduce the width of the required drive aisle to 25 feet where 26 feet is required, Section 4.05.040 (D) 6 of the UDC to reduce the required rear buffer of 10 feet and the required rear yard of 15 feet to allow a 5 foot rear yard, and Section 8.04.020 (D) 1 to reduce the required planting strip to 5 feet where 10 feet is required, for Lot 1, Block 2, Crestview Addition , Unit 1, located at 1602 Williams Drive . Jennifer Bills presented the staff report . The applicant is requesting several variances and is located at the corner of Williams Drive and Rivery Boulevard. This is a previous residence that is being converted to an office. The applicant wants to place 11 parking spaces behind the structure and with the UDC required lot standards, the 11 spaces do not fit on the property. She stated the applicant is requesting a variance from Section 4.05.040 (D) 6, requiring a 10 foot rear Type C buffer yard and Section 4.05.040 (D) 11, requiring a 15 foot rear yard, instead requesting a reduction of both elements to 5 feet. Similarly, the applicant would like a variance from Section 8.04.020 (D) 1, requiring a 10 foot planting strip, to reduce the size to 5 feet. A variance from Section 9.03.020 (B) requiring two-way drive aisle to be a minimum of 26 feet wide is also sought, and a 25 foot drive aisle to be built instead. These variances would reduce the total required footage by 11 feet, allowing all of these elements to fit into the site plan, at a reduced size. Staff recommends denial of all these requests and proposed alternative buffer yard of 5 feet, a rear yard setback of 5 feet, a 5 foot planting strip and allowing a 25 foot drive aisle for the portion of the rear yard that runs the length of the 6 parking spaces that are required. David Voelter, the applicant’s agent stated the case and presented pictures of the property to show why more than the 6 required parking spaces are being proposed and the need for these spaces based on the design and use of the building. Board members deliberated the issue and asked questions. Ross inquired about the reasoning of the restrictions in this area. Bobby Ray explained the intent of the Williams Drive Corridor district. It was discussed that the applicant’s son owned the adjacent property on Williams Drive and there was a discussion of shared parking. This did not seem to be an option as the other property wants more parking also. Lawson clarified that the number of parking spaces, creating the need for a variance request was the applicant’s choice. Moore opened the Public Hearing for citizen comments. Ken Jackson, of 1602 Williams Drive, the owner of the property, spoke to the issue of parking spaces needed to run both his CPA business and his son’s legal business. He stated in order for this space to be utilized as an effective business office, it would need more parking allowances. Gwen Lierman, of 1603 Oak Lane, is the owner of the property behind the applicant’s property and spoke against this request because of the stone wall buffer behind her house. She also questioned the number of driveway cuts to Williams Drive. She was assured that the two properties, 1602 and 1604 Williams Drive would share a driveway. Moore closed the Public Hearing. Board members deliberated the issue and discussed the intent of the area. Motion by Lawson to deny the Requested Variances from Unified Development Code Section 4.05.040 (D) 6 requiring a 10 foot wide rear buffer yard, Section 4.05.040 (D) 11 requiring a 15 foot rear yard, Section 8.04.020 (D) 1, requiring a 10 foot planting strip, Section 9.03.020 (B) requiring two-way drive aisle to be a minimum of 26 feet wide for the entirety of the rear yard and drive aisle, based on the findings of staff . Second by Ross. Variances were denied 4-0. Motion by Lampinstein to approve Variances from Unified Development Code Section 4.05.040 (D) 6 allowing a 5 foot buffer yard where a 10 foot yard is required, UDC Section 4.05.040 (D)11 allowing a 5 foot rear yard where 15 feet is required, UDC Section 8.04.020 (D)1 allowing a 5 foot planting strip where 10 feet is required and Section 9.03.020 (B) allowing a 25 foot drive aisle where 26 feet is required, for the portion of the rear yard that runs the length of 8 parking spaces that are 2 more than is required by the Unified Development Code. Second by Ross. The vote was 3 in favor and 1 opposed (Lawson). The motion did not pass, based on needing 4 full votes (75% of total 5 member Board) to pass. 6.Comments from Board. There were no comments from the Board. 7.Comments from Director. Bobby Ray stated that Staff is proposing an amendment to the UDC requiring applicants to submit a Site Plan with all proposed rezonings to avoid future problems with the site and decreasing the number of variances requested. Moore adjourned the meeting at 7:16 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, March 21, 2006 The Zoning Board of Adjustment will meet on Tuesday, March 21, 2006 at 06:00 PM in the City Council Chambers, located at 101 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, Earl Watson, Vice Chair, Ann Snell, Richard Vasquez III, Jim Jarvis, William Moore Alternates: Patrick Lawson, Dale Ross 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 Board of Adjustment meeting of the December 20, 2006, meeting. 3.Public Hearing to Consider a Variance from Table(s) 6.03.020 and 9.02.030 (A) of the Unified Development Code (UDC) to allow construction of a building addition within the required side yard setback, and to vary the provision of required on-site parking, for Lot 33 of the Industrial Park North Subdivision located at 40210 Industrial Park North. 4.Comments from Director. 5.Comments from Board Members. 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 _________________, 2006, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary