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HomeMy WebLinkAboutZBA_Agenda&Minutes_2007Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, November 20, 2007 The Zoning Board of Adjustment will meet on Tuesday, November 20, 2007 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, 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 July 17, 2007. 3.VAR-2007-008 – Consideration of the expansion of a nonconforming use, as described in Section 14.03.020.C. of the Unified Development Code to allow the expansion of an office use for a 2.38-acre tract in the David Wright Survey, located at 4236 Williams Dr. (CB) http://www.georgetown.org/gis/plds/ZBA/VAR-2007-008.pdf 4.VAR-2007-010 – Consideration of the expansion of a nonconforming structure, as described in Section 14.04.020.A., B. and C. and Table 6.03.020 of the Unified Development Code to allow the expansion of a current recreation use in excess of 50 percent and to allow the structure to be located in alignment with the existing structure, which would allow non-compliance with lot standards for structure location for 9.0 acres in the Nicholas Porter Survey, locally known as the Georgetown Recreation Center, located at 1003 North Austin Avenue. (CB) http://www.georgetown.org/gis/plds/ZBA/VAR-2007-010.pdf 5.VAR-2007-009 – Consideration of the expansion of a nonconforming use, as described in Section 14.03.020.C. of the Unified Development Code, to allow the expansion of a telecommunications tower in the Dicotec Subdivision, Lot 2, located at 4407 Williams Dr. (VK) http://www.georgetown.org/gis/plds/ZBA/VAR-2007-009.pdf 6.Comments from Staff. 7.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 _________________, 2007, 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 20, 2007 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , November 20, 2007 . Members Present: William Moore, Chair; Steve Lampinstein, Dale Ross, and Patrick Lawson Members Absent: Earl Watson Staff Present: Bobby Ray, Planning Director; Elizabeth Cook, Principal Planner; Valerie Kreger, Planner III; Cathy Sisk, Planning Specialist; 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 6:02 p.m. and described the order of hearing process. (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 July 17, 2007. Motion by Ross to approve the minutes with the spelling correction of Lampinstein’s name. Second by Lampinstein. Approved 4 – 0. 3.VAR-2007-008 – Consideration of the expansion of a nonconforming use, as described in Section 14.03.020.C. of the Unified Development Code to allow the expansion of an office use for a 2.38-acre tract in the David Wright Survey, located at 4236 Williams Dr. (CB) Carla Benton presented the staff report and background. At the time of annexation in 2005, this property was being utilized as a restaurant and office. During that time it was determined that the restaurant use was exceeding the capacity of the existing on-site septic system. Subsequently the restaurant has relocated. In order to continue the existing office use and maintain the legal nonconforming status of the property, the applicant is requesting the office use for the entire structure. This would allow them to maintain legal nonconforming use , which does not exceed the capacity of the on-site septic system and which is consistent with the other 2 businesses on the same lot. Staff recommends this expansion. The applicant was available to answer questions . There were none. Motion by Laminstein to approve the expansion of the office use in this building as prescribed in the Unified Development Code, Section 14.03.020.C, based on the findings of fact as determined in the staff report. Second by Lawson. Approved 4 – 0. 4.VAR-2007-010 – Consideration of the expansion of a nonconforming structure, as described in Section 14.04.020.A., B. and C. and Table 6.03.020 of the Unified Development Code to allow the expansion of a current recreation use in excess of 50 percent and to allow the structure to be located in alignment with the existing structure, which would allow non-compliance with lot standards for structure location for 9.0 acres in the Nicholas Porter Survey, locally known as the Georgetown Recreation Center, located at 1003 North Austin Avenue. (CB) Carla Benton presented the staff report. The City of Georgetown is the owner of approximately 200 acres of unplatted parkland known as San Gabriel Park. This 9.0 acre area is proposed for development as the Georgetown Recreation Center expansion and is located in both, C-1, Local Commercial and RS, Residential Single Family zoning districts. A rezoning request has also been submitted and is currently in process to the Planning & Zoning Commission and City Council. IN order to expedite the review process, the Parks and Recreation Department has submitted this request for consideration of the expansion of a nonconforming structure to allow them to proceed with the building and construction process prior to the completion of the rezoning of the park. The Commission did not ask any questions. Motion by Lawson to approve the requested expansion and variance from the Unified Development Code Sections 14.04.020.A., B. and C. and Table 6.03.020, based on the findings of fact listed in the staff report. Second by Ross. Approved 4 – 0. 5.VAR-2007-009 – Consideration of the expansion of a nonconforming use, as described in Section 14.03.020.C. of the Unified Development Code, to allow the expansion of a telecommunications tower in the Dicotec Subdivision, Lot 2, located at 4407 Williams Dr. (VK) Valerie Kreger presented the staff report. The T-Mobile telecommunications tower is located on a 1.59-acre retail site (The Barn) at 4407 Williams Drive, just east of Shell Road. The site was annexed into the City limits in 2005 and given the standard default zoning classification of Agriculture. In 2006, the property was rezoned to C-1, Local Commercial to accommodate the retail development. However, this did not take into account the existing steel monopole tower that was also located on the site, making the cell tower a legal nonconforming use. The 96-foot tall tower is located at the rear of the property adjacent to residential homes in the Serenada West subdivision. The applicant is requesting ZBA approval in order to expand the existing non -conforming telecommunications use. They are planning to upgrade the existing tower to allow for improved network services (data, video and internet) for wireless phones. To achieve this they will need to add a new cabinet onto the existing 10’x15’ steel platform and add three new antennas to the monopole tower (see Exhibits C & D). The new cabinet will be approximately 59.1 inches tall, 17.6 inches wide and 30.7 inches deep and located at the northwest corner of the existing platform (see Exhibit E). The additional antennas will be located on the top portion of the existing structure . Existing security fencing encloses the entire tower area . There are no required findings on which to grant or deny this request . Per Section 10.03.020.C of the Unified Development Code, expansion of a nonconforming use may only be expanded if it receives the approval of the Zoning Board of Adjustment. The applicant, David Morris, representing T-Mobile was present for questions and stated that they had decided to err on the side of caution and come forward with this application, preparing for more cell phone usage with the development of the iphone in 2009. Motion by Ross to approve the expansion of a nonconforming use, as described in Section 14.03.020.C of the Unified Development Code, to allow the expansion of a cell tower in the Dicotec Subdivision, Lot 2, located at 4407 Williams Dr. Second by Lawson. Approved 4 – 0. 6.Comments from Staff. Karen Frost introduced Cathy Sisk. Cathy joined the Planning Department in October and will be attending the Board Meetings in the future as the Recording Secretary. 7.Comments from Board Members. No comments. Chair Moore thanked everyone for coming. Meeting adjourned at 6:17 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, July 17, 2007 The Zoning Board of Adjustment will meet on Tuesday, July 17, 2007 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, 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.) Action from Executive Session Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of April 17, 2007. Public hearing to consider a Variance from Section 6.02.030 A of the Unified Development Code (UDC) to allow an addition, including a garage, to encroach 10 feet into the required 20-foot building setback for approximately 0.2508 acres being part of Lots 1 and 2 of the Eubank Addition, Block 7, located at 1902 Church Street. http://www.georgetown.org/gis/plds/ZBA/VAR-2007-002.pdf Public hearing to consider a Variance from Section 6.03.040.B.3 of the Unified Development Code (UDC) to allow parking in the 25-foot rear setback adjacent to a Residential Single-Family (RS) zoning district for approximately 1.023 acres being Lot 14 of the River Hills Addition, Section 1, Block E, located at 100 River Hills Drive. http://www.georgetown.org/gis/plds/ZBA/VAR-2007-003.pdf Public hearing to consider approval pursuant to Section 14.04.020 of the Unified Development Code (UDC) to allow the expansion of a nonconforming structure beyond the 50 percent area maximum to accommodate a proposed carport on the west side of the existing detached garage for 0.66 acres being part of the Synder Addition, Block 50, located at 1604 Olive St. http://www.georgetown.org/gis/plds/ZBA/VAR-2007-004.pdf 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 _________________, 2007, 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 17, 2007 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , July 17, 2007. Members Present: William Moore, Chair; Steve Lampinstein, Dale Ross, and Earl Watson Members Absent: Patrick Lawson Staff Present: Bobby Ray, Planning Director; Trish Carls, City Attorney; Elizabeth Cook, Principal Planner; Valerie Kreger, Planner III; Carla Benton, Planner II, Tommy Garcia, 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. Chair Moore called the meeting to order at 6:04 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 April 17, 2007. Motion by Ross to approve the minutes as written. Second by Watson. Approved 4 – 0. 3.Public hearing to consider a Variance from Section 6.02.030 A of the Unified Development Code (UDC) to allow an addition , including a garage, to encroach 10 feet into the required 20-foot building setback for approximately 0.2508 acres being part of Lots 1 and 2 of the Eubank Addition, Block 7, located at 1902 Church Street. (VAR-2007-002) Valerie Kreger reported the applicant is requesting a variance which would allow them to build a garage in the 20 foot front setback in order to preserve a 32 inch Heritage pecan tree and construct an addition to the existing house that will include a two car garage. Findings for the variance were noted as this lot was developed over 70 years ago, before site development standards were in place and a pecan tree, located in the middle of the lot has now grown over the years into a 32 inch heritage tree. The existing house is already developed with a 10-foot setback along Knight Street and has shown no indication of detriment to the surrounding properties. Other houses in the area, also built around 70 years ago within what is now the required setback would be considered for variance requirements, but this lot has the tree to consider as well which makes a special circumstance. The applicant did not cause the extraordinary conditions on this lot and the granting of the variance would not conflict with the Comprehensive Plan. Kreger noted that three letters of support have been received. The applicant, Nancy Gribble-Tay spoke and stated she had lived there 10 years and needs extra space and the ability to protect her vehicles. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Watson to approve the variance based on the Findings of Fact as recommended by staff. Second by Ross. Approved 4 -0. 4.Public hearing to consider a Variance from Section 6.03.040.B.3 of the Unified Development Code (UDC) to allow parking in the 25-foot rear setback adjacent to a Residential Single-Family (RS) zoning district for approximately 1.023 acres being Lot 14 of the River Hills Addition, Section 1, Block E, located at 100 River Hills Drive. (VAR-2007-003) Carla Benton presented the staff report. The applicant is proposing to place a Fitness Center in a building that is adjacent to residential properties. The variance request is to allow parking 15 feet into the 25-foot rear setback. The properties to the north and south of this property are zoned and developed commercial. The lot directly to the west is a vacant residential zoned lot and to the east is the frontage road of IH 35. There is a 60-foot wide LCRA utility easement for major overhead electric service that crosses the tract along the southwest corner. No buildings may be constructed within this utility easement. In order to provide maximum separation between the site entrance and the frontage road, the driveway must be located at the rear of the property, since no driveway access is allowed on the frontage road. The applicant is proposing to develop a Type C bufferyard along the back of his property to transition from Commercial to Residential uses. The applicant John O’Conner of Georgetown Fitness was available for comments or questions from the Board. Mr. O’Conner stated his biggest challenge was the LCRA easement and how to place the building on the property. He met with the neighbors a month before and promised them he would go above and beyond with buffering fencing and landscaping. The hours of operation were reported as being 5:30 a.m. to 8 – 9:00 p.m. with peak hours being between 8-9 a.m. and 4-6 p.m. Ms. Benton presented the proposed site plan. Chair Moore opened the Public Hearing. Kay Ingrahm, 100 Hillview Drive – spoke in favor of the variance since Mr. O’Conner has been very accommodating. Chair Moore closed the Public Hearing as there were not any more speakers. Motion by Ross to grant the Variance as presented with the Findings of Fact as established by staff. Second by Lampenstein. Approved 4 – 0. 5.Public hearing to consider approval pursuant to Section 14.04.020 of the Unified Development Code (UDC) to allow the expansion of a nonconforming structure beyond the 50 percent area maximum to accommodate a proposed carport on the west side of the existing detached garage for 0.66 acres being part of the Synder Addition, Block 50, located at 1604 Olive St. (VAR-2007-004) Tommy Garcia presented the staff report . The applicant is seeking approval of the expansion of a carport , which would expand the area of the structure by approximately 70 percent. A variance is not required, but approval of the ZBA is required. The proposed expansion will not be visible from Olive Street and visibility from Maple Street of the addition will be obstructed by several trees both near the road and near the structure. the owner has agreed that the addition will not be in the required setback. Staff recommends approval. The owner, Brent Sumner was present to answer questions. He also presented a petition signed by his neighbors when he asked for their approval. Chair Moore opened the Public Hearing. Chair Moore closed the Public Hearing as there were not any speakers. Motion by Lampinstein to approve the expansion of the nonconforming structure beyond the 50 percent area maximum to accommodate a proposed carport on the west side of the existing detached garage located at 1604 Olive based on staff recommendation. Second by Ross. Approved 4 – 0. 6.Comments from Staff. 7.Comments from Board Members Chair Moore thanked everyone for coming and bringing their comments. Meeting adjourned at 6:50 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, April 17, 2007 The Zoning Board of Adjustment will meet on Tuesday, April 17, 2007 at 06:00 PM in the Williamson Conference Room of the Georgetown Municipal Complex, located at 300-1 Industrial Ave. Georgetown, TX 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, 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. 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 February 20, 2007 meeting. 3.Training Session with City Attorney 4.Review and Approval of proposed amendments to the approved by-laws for the Zoning Board of Adjustment. 5.Comments from Staff. 6.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 _________________, 2007, 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 17, 2007 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , April 17, 2007. Members Present: William Moore, Chair; Steve Lampinstein, Patrick Lawson, Dale Ross, and Earl Watson Members Absent: Staff Present: Bobby Ray, Planning Director; Trish Carls, 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. Chair Moore called the meeting to order at 6:15 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.) Action from Executive Session. No Executive Session. Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the February 20, 2007 meeting. Motion by Lampinstein to approve the minutes. Second by Ross. Approved 5-0. Training Session with City Attorney. City Attorney Trish Carls presented a workshop on the role of the Zoning Board of Adjustment in local government and under the UDC, and its relationship to the City Council and Planning & Zoning Commission. She discussed variances and the standards required for granting variances, including unnecessary hardships, evidence required and practical considerations. She explained appeals of an administrative decision and then moved into board membership, quorum requirements of the board and voting requirements. Review and Approval of proposed amendments to the approved by-laws for the Zoning Board of Adjustment. Bobby Ray presented the proposed revisions to the Board’s bylaws, per the City Manager’s direction. The City Council voted to eliminate the use of alternate members (Section 2.8) and to establish term limits for board members (Section 3.3 existing). The revised bylaw proposal reflects those changes . Chair Moore made recommendations of further changes. He wanted to eliminate the last sentence of Section 4.8: “In the absence of both (Chair and Vice-Chair), the meeting of the shall be called to order by the Secretary, and a temporary chair shall be elected to preside over the meeting.” He pointed out that if one person was not there, the Chair, the Vice-Chair would have to serve as Chair. If both were absent, a quorum would not be met (only 3 of 5) and the meeting would not be held. Moore suggested adding “at least one member and not more than two” of the Board shall be an active member of the City of Georgetown’s Planning and Zoning Commission, in Section 2.2 of the Bylaws. Moore suggested editing Section 4.4 on Attendance. Adding an attendance policy and striking excused absences as indicated: Board members are required to attend 75% of the Board meetings based on excused absences and attend 67% of the meetings considering the total absences. Excused absences shall be determined by the Board Chair. Attendance shall be reported to the Mayor in June and January quarterly of each year and excessive absenteeism will be subject to action under Council policy. Motion by Moore to approve the proposed bylaws of the Zoning Board of Adjustment with the corrections as are required by the City Council and with the proposed amendments as suggested in this meeting. Second by Lawson. Approved 5 – 0. Comments from Staff. No comments were made by staff. Comments from Board Members. Moore stated he would like a comment sent to City Council that by eliminating the alternates from serving on the Board, a hardship is created for the board when a member is absent and / or a conflict of interest causes a member to not be able to vote on an item. It forces a full majority vote (4 of 4) or it creates a need for another meeting since 3 of 5 is not enough members to consider or conduct an action. Ray said he would forward the message. Motion to adjourn by Ross. Second by Lampinstein. Meeting was adjourned at 7:48. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, February 20, 2007 The Zoning Board of Adjustment will meet on Tuesday, February 20, 2007 at 06:00 PM in the City Council Chambers, located at 101 E. 7th 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 December 19, 2006 meeting. 3.Public hearing to consider a variance from Section 6.02.040 B (3) g requiring parking in the front yard of a residential lot be screened from the street view, for Pleasant Valley Subdivision, Lot 8, Block F, located at 2605 Silver Valley Drive. (VAR-2007-001) http://www.georgetown.org/gis/plds/ZBA/VAR-2007-001.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 _________________, 2007, 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, February 20, 2007 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , February 20, 2007. Members Present: William Moore, Chair; Earl Watson, Vice Chair, Jim Jarvis, and Ann Snell Alternates present: Steve Lampinstein, Patrick Lawson, and Dale Ross Members Absent: Richard Vasquez III Staff Present: Jennifer Bills, Planner; and Stephanie McNickle, Recording Secretary Minutes Regular Meeting All minutes are in draft form until approved 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 6:00 p.m. and asked two alternates, Lawson and Ross, 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. No Executive Session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the December 19, 2006 meeting. Motion by Snell to approve the minutes with noted corrections. Second by Watson. Approved 6-0. 3.Public hearing to consider a variance from Section 6.02.040 B (3) g requiring parking in the front yard of a residential lot be screened from the street view, for Pleasant Valley Subdivision, Lot 8, Block F, located at 2605 Silver Valley Drive. (VAR-2007-001) Staff report was presented by Jennifer Bills. The applicant requests to use the existing driveway for the two parking spaces required for single-family residential. The property owner would like to convert the existing two-car garage to living area. The UDC requires single-family homes to provide two parking spaces, which is currently being met by the two spaces in the garage. Section 6.02.040.b.3.g of the UDC provides for the following: parking areas that cover up to 50% of the required front yard may be permitted provided that: i. Parking is screened from the street view; ii. The parking surface material is acceptable to the Development Engineer; and iii. The maximum impervious coverage requirements are met. Pursuant to this Section, the applicant could provide the required parking within the front yard subject to the above referenced screening requirements. The applicant has indicated that he does not want to comply with the provisions of this section and is seeking the subject variance. Staff recommends denial of the requested variance. The Board asked questions for clarification. Moore asked if the applicant had an option to park on the northwest corner of the lot with screening. Bills confirmed that was an option. Moore asked if they could put in a driveway on the south end of the house. Bills confirmed that was an option up to the five-foot PUE. Moore confirmed that all they have to do is find space for two vehicles to park. Bills confirmed the vehicles cannot be parked in the driveway because they cannot park in the front yard setback without screening, and they can’t screen the driveway and still have access. Watson offered that in his experience converting a garage to a room reduces the value of a home. He also offered that there appeared to be additional room in the back yard for adding onto the house, instead of using the garage for the extra room. The applicant, Marybeth Barrett, addressed the Board. She introduced her husband. They are making this request to put in living area for her mother. They stated that they have talked to the neighbors and the neighbors agree that they can do this without changing the aesthetics of the house or the streetscape. They have reviewed all the building codes and this is the most feasible way to meet their needs. The Board members asked more clarification questions of the applicants. There was a discussion of the possible materials that could be used for additional driveway. Mr. W.E. Rhode of 2601 Silver Valley Lane asked to speak. He stated that these neighbors are parking in the driveway now and the neighborhood would prefer that they be allowed to continue doing that, rather than changing the look of the house by adding concrete or whatever for additional driveway. He stated the neighbors are in favor of the variance request. Snell commented that the state statutes and laws must be followed and that the Board might feel like they want to help or allow a variance but without the required findings of fact the board is limited in their actions. There also are not any conflicting rules to allow a judgment call. She feels there is not any allowable discretion on the board’s part. Motion by Snell to deny the variance as requested. Second by Lawson. Board members made comments in support of the motion. The following findings of fact were given: 1.Extraordinary Conditions There are no conditions that warrant a variance . There are several locations on the property that would allow for parking either screened or out of the required front yard. Using the driveway is not the only option. 2. No Substantial Detriment Not providing parking other than the driveway could be detrimental for the neighborhood. Two parking spaces are required in order to keep cars from encroaching into the right-of-way. 3. Other Property Any single family home with a front loaded garage would require a variance in order to use the driveway in the setback to meet the parking requirement. All of the other properties in the subdivision have a similar layout and none have required a variance for the parking. 4. Applicant’s Actions have not created condition The applicant’s actions will cause the condition. The current parking provided in the garage meets the parking requirement for the residence. The desire to convert the garage to living space and not construct replacement parking spaces is creating the need for the variance. 5. Consistency with the Comprehensive Plan The Comprehensive Plan is not affected in this instance. The use of the property will still be residential. 6. Utilization The property will not suffer any significant loss of utilization without a variance. The variance request is purely for convenience. Motion for denial was approved, 6 – 0. The variance was not granted. 4.Comments from Staff. Bills reported there were not any applications received for next month’s meeting. Bills gave the list of appointees for the new Board of Adjustment, pointing out that there were not any alternates appointed for the new Board. Will Moore was reappointed as Chair. 5.Comments from Board Members. None. Meeting was adjourned by Chair Moore at 6:46 p.m.