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HomeMy WebLinkAboutZBA_Agenda&Minutes_2008Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, October 21, 2008 The Zoning Board of Adjustment will meet on Tuesday, October 21, 2008 at 06:00 PM in the City Council Chambers,101 East 7th Street, Georgetown, TX 78626 If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Patrick Lawson, Chair, Earl Watson, Vice Chair, Steve Lampinstein, Marjorie Herbert, Jenel Looney 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 June 17th meeting. 3.Public Hearing to consider a Variance to Section 6.02.030 of the Unified Development Code to allow a carport in the side setback for 0.13 acres in the Snyder Addition, (pt) Block 5, located at 901 E. 13th Street. (VAR-2008-008) (CB) http://www.georgetown.org/gis/plds/ZBA/VAR-2008-008.pdf 4.Public Hearing to consider a Variance to Section 6.02.030 of the Unified Development Code to allow a side setback of eight feet for La Conterra, Section 1, Block B, Lot 36, located at 239 Vallecito Cove. (VAR-2008-009) (TG) http://www.georgetown.org/gis/plds/ZBA/VAR-2008-009.pdf 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 _________________, 2008, 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 21, 2008 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , October 21, 2008. Members Present: Patrick Lawson, Chair, Earl Watson, Vice Chair, Steve Lampinstein, Marjorie Herbert, Jenel Looney Members Absent: Staff Present: Elizabeth Cook, Planning Director; Valerie Kreger, Principal Planner; Cathy Sisk, Recording Secretary. Minutes Regular Meeting Call to order: 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 the October 21st meeting. Motion by Herbert, to approve the June 17 th , 2008 minutes. Second by, Lampinstein. Motion passed 5 – 0. 3.Public Hearing to consider a Variance to Section 6.02.030 of the Unified Development Code to allow a carport in the side setback for 0.13 acres in the Snyder Addition, Block 5 (pt), located at 901 E. 13 th Street. (VAR-2008-008) (CB) Benton presented the application for a variance to reconstruct a carport in the Synder Addition, Block 5. An existing carport was removed by a contractor and the applicant would like to rebuild the carport over the existing parking pad. Benton also presented that the parcel is located adjacent to a railroad and the proposed carport will abut the rail right-of-way. The railroad acts as a buffer between this site and the residential lot on the opposite side of the railroad tracks. Lampinstein asked how far from the property line the carport will be. Benton stated that the carport will be on the property line. Looney asked that if the carport wasn’t replaced, could they still park on the pad. Benton stated yes, because of its pre -existing condition. Watson asked what type of building material will the carport be. Herbert stated that she lives close to the area and there isn’t a standard building material requirement. The applicant was not present to directly respond to the question. . Motion by Lampinstein to approve the requested variance. Seconded by Herbert. Motion passed 5 -0. 4.Public Hearing to consider a Variance to Section 6.02.030 of the Unified Development Code to allow a side setback of eight feet for La Conterra, Section 1, Block B, Lot 36, located at 239 Vallecito Cove. (VAR-2008-009) (TG) Garcia presented the application for a variance to reduce side setbacks from 10 feet to 8 feet. The applicant applied for a permit to build a new home on one of the larger lots. The setback discrepancy came to light after the foundation was poured and construction had begun on the home. Garcia also stated the reduced side setback would still be greater than that of the majority of the lots in the development. The applicant was present. Lampinstein clarified that a vacant lot two doors down in the cul-de-sac had the same situation. He asked staff and the applicant to make sure this didn’t get overlooked again. Lawson made the comment that the encroachment is not very large and so he felt he could support the variance. Motion by Watson to approve the requested variance. Seconded, by Looney. Motion passed 5 – 0. 5.Comments from Staff. 6.Comments from Board Members. None. Motion to adjourn at, 6:21 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, June 17, 2008 The Zoning Board of Adjustment will meet on Tuesday, June 17, 2008 at 06:00 PM in the If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Patrick Lawson, Chair, Earl Watson, Vice Chair, Steve Lampinstein, Dale Ross, Marjorie Herbert. 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 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 15th meeting. 3.Public Hearing to consider a Variance from the requirements of the RS Residential Single-Family District related to the expansion of existing nonconforming structures including setbacks and yard requirements for 501, 503, 505 and 507 College Street in the Shell Addition, Block 19 (w/pt). (VAR-2008-003) (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/June172008/VAR-2008-003.pdf 4.Public Hearing to consider a Variance to the UDC regarding required side and rear yards for a detached garage for Lost Addition, Block 61 (pt), located at 516 West 10 th Street. (VAR-2008-004) (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/June172008/VAR-2008-004.pdf 5.Public Hearing to consider a Variance to the UDC regarding sign setbacks for Village Park PUD, Lot 4, located at 1950 South Austin Avenue. (VAR-2008-005) (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/June172008/VAR-2008-005.pdf 6.Public Hearing to consider a Variance to the UDC regarding parking in required rear yards for Ischy Subdivision, Lot 1, also known as Stacy Group Office Building, located at 4901 Williams Drive. (VAR-2008-006) (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/June172008/VAR-2008-006.pdf 7.Comments from Staff. 8.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 _________________, 2008, 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, June 17, 2008 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , June 17, 2008. Members Present: Patrick Lawson, Chair; Earl Watson, Vice Chair; Steve Lampinstein; Marjorie Herbert; Jenel Looney Members Absent: Staff Present: Elizabeth Cook, Planning Director; Valerie Kreger, Planner III; Cathy Sisk, Recording Secretary Minutes Regular Meeting Chair Lawson called the meeting to order at 6:02 p.m. The National Pledge of Allegiance was recited. 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 June 17th meeting. Motion by Watson, to approve the April 15, 2008 minutes with corrections. The minutes incorrectly identified Watson as opening the meeting. They will be corrected to say Chair Lawson opened the meeting. Second by Herbert. Approved 4-0. (Looney abstained from voting.) 3.Public Hearing to consider a Variance from the requirements of the RS Residential Single-Family District related to the expansion of existing nonconforming structures including setbacks and yard requirements for 501, 503, 505 and 507 College Street in the Shell Addition, Block 19 (w/pt). (VAR-2008-003) (VK) Kreger presented the application for a variance to the expansion of existing nonconforming structures. There are four existing residential structures on sites, built in the 1950’s. Lampinstein asked about trees at 502 College Street, Kreger explained that trees could be saved within reasons. Sparkman explained houses on the property are rental units. Sparkman purchased property with the intention of renovating and remodeling the existing houses. The applicant would like to reconfigure the parking to allow the tenants of each building to park onsite and remove parking from College Street. Proposed new parking will provide each residence with a two car garage at the rear of the structure with shared driveway access. Garages will be placed at southwest corner of each house, continuing the existing building line of the structure. The shared driveway will be a 16 foot wide, one-way through connection from 5 th Street to 6 th Street. The applicant believes that these changes would improve the quality of the site and the area in general. Lawson at this time welcomed and introduced Jenel Looney as the new Zoning Board of Adjustment member. She was not able act on items due to the timing of her appointment to the Board. Larkin Tom of 502 South Walnut, spoke in support of Sparkman request. Watson, Herbert likes improvements to neighborhood and property in Old Town. Herbert asked about trees and landscaping. Watson talked about the fence at the rear property line. He suggested that they reconsider placing the fence, as enclosing the alley way could cause security and safety issues because the yards would not be visible. He also wanted to make sure the tenants would actually park in garage and not on street. Lampinstein, suggested that large trees on 505 and 507 College Street be saved. The Board had Kreger clarify that rear setback would be reduced from 10 feet to 5 feet and the side building line would encroach 3 1/2 feet into the required side yard. Motion by Herbert to approved the requested Variance. Second by Lampinstein. Approved 4 - 0. (Looney abstained from voting.) 4.Public Hearing to consider a Variance to the UDC regarding required side and rear yards for a detached garage for Lost Addition, Block 61 (pt), located at 516 West 10 th Street. (VAR-2008-004) (VK) Kreger presented the report for a variance to the Unified Development Code regarding required side and rear yard setbacks for a detached garage. Kreger recommended denial, however the variance would not represent a substantial detriment to public health, safety, welfare or harm to other property in the area. There is no physical hardship to this case to support a variance to the rear setback. Kreger explained no permits were obtained for the construction of the new structure. However, as the old structure was in poor condition, the new structure does represent an improvement to the site. Herbert asked what it would mean to deny a variance. Kreger stated in this case it would mean the total removal of the new structure. Herbert asked why a permit was not obtained by the builder and Kreger respond that she was not sure on that aspect. Lampinstein asked if the variance was approved, what, if any, changes to the structure would be required. Kreger replied that there would be some changes to the structure required. According to a city building inspector, due to the proximity of the structure to the property line, fire walls would need to be added as a safety measure. Montgomery purchased property as a home for her mother, so she could live close to her. Montgomery’s mother is currently using structure as a storage and hobby area, with the carport used for parking. Montgomery explained that the lot is small and there is no other place for the garage. If moved to the right, there would be no way to navigate a vehicle safely, as the driveway would be too close to the corner of house. This would also encroach on a large existing oak tree. Montgomery stated that she is requesting a variance after the fact. Tom Norrell, Helen Robinson, and David Gaston, spoke in support of new garage. The neighbors were quite happy to have the old shed removed, as it was dangerous and deteriorated. Seven letters of support are part of the file. The Board’s findings are there are extraordinary conditions of the property that warrant the variance. The previous structure was in poor conditions and new structure does represent an improvement to the site and area. Herbert talked about the structure began grandfathered in, if builder would of applied for permit prior to reconstruction it would of enabled them to make improvements to the garage. Motion by Lampinstein to approve to the requested variance. Second by Watson. Approved 4 – 0. (Looney abstained from Voting.) 5.Public Hearing to consider a Variance to the UDC regarding sign setbacks for Village Park PUD, Lot 4, located at 1950 South Austin Avenue. (VAR-2008-005) (VK) Kreger presented the variance regarding sign setbacks. Kreger stated the existing signage encroaches in the Austin Avenue right-of-way and the replacement will bring the signage closer to meeting current regulations. Staff recommended approval of the variance. Dinh, the owner of property has requested to place the sign at the edge of property line, similar to several other business signs within this area of Austin Avenue. There are no required findings on which to grant or deny this request. Per Section 10.06.010, of the Unified Development Code requires freestanding monument signs located in the C-1 zoning district. Board has clarified setbacks and public utility easement along Austin Avenue. The board agreed to reduce the sign setback to zero feet, however they required the applicant to stay out of right-of-way along Austin Ave. There were no protesters in support or in denial. Motion by Lampinstein to approve the requested variance. Second by Watson. Approved 4 – 0. 6.Public Hearing to consider a Variance to the UDC regarding parking in required rear yards for Ischy Subdivision, Lot 1, also known as Stacy Group Office Building, located at 4901 Williams Drive. (VAR-2008-006) (VK) Kreger recommended approval of the requested variance to allow parking to encroach 15 feet into the required 25 foot rear yard setback. Board expressed concern about the location of the parking, the required landscaping, and the amount of paving that will be done for the parking surface. Applicant was not present at the hearing. No protesters were present. Lawson expressed concerns about the actual need of the variance as the applicant was compensated when the additional Right of Way (ROW) was acquired but saw no public detriment. Kreger confirmed that the requested variance only covered the parking area and driveway. The applicants would still be required place a buffer by adjoining residential properties. Motion by Watson to approve the requested variance. Second by Lampinstein. Approved 4 – 0 (Looney abstained from voting.) 7.Comments from Staff.Director Cook wanted the Board to know that Planning and Zoning Commission are considering adding a second monthly meeting to thier schedule. 8.Comments from Board Members.The Board once again welcomed Jenel Looney. 9.Chair Lawson thanked everyone for coming. Meeting adjourned at 7:32 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, May 20, 2008 The Zoning Board of Adjustment will meet on Tuesday, May 20, 2008 at 06:30 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: Patrick Lawson, Chair, Earl Watson, Vice Chair, Steve Lampinstein, Dale Ross, Marjorie Herbert Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:30 PM The May 20, 2008 Zoning Board of Adjustment meeting has been rescheduled to June 17, 2008 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 6:30 p.m. Call to order: 6:30 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 15th meeting. 3.Public Hearing to consider a Variance from the requirements of the RS Residential Single-Family District related to the expansion of existing nonconforming structures including setbacks and yard requirements for 501, 503, 505 and 507 College Street in the Shell Addition, Block 19 (w/pt). (VK) http://www.georgetown.org/gis/plds/ZBA/VAR-2008-003.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 _________________, 2008, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, April 15, 2008 The Zoning Board of Adjustment will meet on Tuesday, April 15, 2008 at 06:00 PM in the City Council Chambers, located at 103 E. 7th Street Georgetown Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Patrick Lawson, Chair; Earl Watson, Vice Chair; Steve Lampinstein, Dale Ross, and Marjorie Herbert. 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 Session1. Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the 2. January 15th meeting. Public Hearing to Consider an Appeal of an Administrative Decision regarding a denial for the 3. extension of a Temporary Use Permit for a Construction Field Office as provided for in Section 5.04.040 ("Construction Field Offices") and Section 16.05 ("Definitions") as codified in the Unified Development Code (UDC) located in Sun City Texas at 105 Coyote Trail, Neighborhood 34. (DH) VAR-2008-002. http://www.georgetown.org/gis/plds/ZBA/VAR-2008-002.pdf, http://www.georgetown.org/gis/plds/ZBA/VAR-2008-002a.pdf, http://www.georgetown.org/gis/plds/ZBA/VAR-2008-002b.pdf, http://www.georgetown.org/gis/plds/ZBA/VAR-2008-002c.pdf Comments from Staff.4. Comments from Board Members.5. 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 _________________, 2008, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, April 15, 2008 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , April 15, 2008. Members Present: Patrick Lawson, Chair, Earl Watson, Vice Chair, Steve Lampinstein, Dale Ross, Marjorie Herbert Members Absent: none Staff Present: Elizabeth Cook, Planning Director; Valerie Kreger, Planner III; Dave Hall, Building Official and Director of Inspection Services; Patricia Carls, City Attorney; Barbara Quirk, Assistant City Attorney; Don Janssen, Acting Fire Marshall; Jordan Maddox, Planner II; 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 Unified Development Code.. 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.) Chair Lawson called the meeting to order at 6:02 p.m. The National Pledge of Allegiance was recited . 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 January 15th meeting. Motion by Lampinstein to approve the minutes. Second by Watson. Minutes approved 4 – 0. (Herbert not present for this vote .) 3.Public Hearing to Consider an Appeal of an Administrative Decision regarding a denial for the extension of a Temporary Use Permit for a Construction Field Office as provided for in Section 5.04.040 ("Construction Field Offices") and Section 16.05 ("Definitions") as codified in the Unified Development Code (UDC) located in Sun City Texas at 105 Coyote Trail, Neighborhood 34. (DH) VAR-2008-002. Herbert was seated on the dais. Chair Lawson read the caption above and the procedures that would be followed. Dave Hall introduced the case and gave background for his decision. He cited that his first basis for denial was that the facility was used for purposes other than oversight of construction of new structures in the subdivision and that the definitions in the UDC of Temporary Uses and Construction Field Offices did not match the use of the building as customer relations personnel were housed in this building. His second basis for denial was based on the location of the construction field office in comparison to the construction work that was occurring. The City Attorney, Barbara Quirk counseled the Board that this case was not to be handled as they would normally address a variance and that findings of fact were not required. The Board has the authority to reverse the staff decision or let it stand based on the evidence presented in the packets and at the meeting. She went on to say that they have the authority to change the decision in whole or part. She advised an action of the Board would require a concurring vote of 4 members. Chair Lawson asked the applicant to state his case. Dino Longi represented Del Webb and Pulte Homes with a power point presentation. He stated that since 1995 Del Webb has operated under the Subdivision Regulations, not the Unified Development Code. He stated the Development Agreement with the city defines who can reside in their construction trailer and that Pulte considers Customer Relations Managers part of the Construction Department. He cited this has been an acceptable practice in Georgetown for many years. He also reminded the board that Pulte had been approved once for the location of this trailer, and said the proximity to construction was acceptable then. They are building in neighborhoods 34, 41, 42, and 43. They purposely built the trailers to blend in with the modelhomes that they were close to and included landscaping and fencing. He requested a reversal of the Building Officials decision and if that was not forthcoming then he asked for sufficient time to displace the 18 employees that are housed there. Board member Ross asked Mr. Hall what he considered construction staff and what the trailers were like. Hall explained that his definition of construction staff were superintendents and those that had business during the construction process. He explained that there were currently administrative staff and staff that worked beyond the construction phase housed in the building. He also explained that Pulte put four trailers together under one roof to accommodate this many people under one roof as per the definition and that it no longer met his definition of a construction trailer. Ross questioned the use of the Unified Development Code versus the Subdivision Regulations and Development Agreement to which Mr. Longi referred. Ms. Carls explained that Del Webb / Pulte was operating under a development agreement and that the 7th Amendment of that agreement was the most recent, and that occurred when Del Webb sold a portion of the development. At the time of the amendment, the city agreed to freeze the regulations in affect, being the 2001 subdivision regulations. She went on to say that the definition of a temporary use factually and legally got you to the same place. She read the definition for the temporary use: “Temporary buildings for construction purposes are permitted in any district as accessory buildings during the course of construction.” The board asked further clarifying questions of the staff . Herbert questioned Mr. Longi on the Pulte definition of administrative staff and customer relations managers. Mr. Longi explained that their philosophy was to have four phases of the construction process and each employee each served 6 months in each phase. The customer relations managers served one of those phases . Chair Lawson opened the public hearing. Earl Kilbride, 100 Rushmore Cove, spoke in support of Pulte’s request. Harry Wiesner, 123 Bronco Dr, spoke in support of Pulte’s request. Roby Sloan, 116 Saddle Trail, and using time from Ed Jasperson, 110 Saddle Trail, spoke in opposition to Pulte’s request. He complained that there was too much traffic, too much dust generated by the construction vehicles and the building and parking lot for the building was an eyesore from his home. Chair Lawson closed the public hearing. The board debated the issue . Ms. Herbert stated she felt they needed good evidence to oppose staff and that the permanent fence and landscaping do not meet the definition of a temporary use. Motion by Marjorie Herbert, "Because this use permit does not meet the requirements of the UDC or the Regs 2001 of a temporary building for construction purposes, I want to affirm the building official's denial of the permit and add that the applicant will have 9 months with which to vacate the premises and make whatever arrangements are necessary to be in compliance, starting today (April 15, 2008). Second by Earl Watson. Motion passes with a 5 - 0 vote. 4.Comments from Staff. No comments. 5.Comments from Board Members. No comments Chair Lawson adjourned the meeting at 7:20 p.m. Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, April 15, 2008 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , April 15, 2008. Members Present: Patrick Lawson, Chair, Earl Watson, Vice Chair, Steve Lampinstein, Dale Ross, Marjorie Herbert Members Absent: Staff Present: Elizabeth Cook, Planning Director; Valerie Kreger, Planner III; Dave Hall, Building Official and Director of Inspection Services; Patricia Carls, City Attorney; Barbara Quirk, Assistant City Attorney; Don Janssen, Acting Fire Marshall; Jordan Maddox, Planner II; and Karen Frost, Recording Secretary Minutes Regular Meeting 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.) Chair Lawson called the meeting to order at 6:02 p.m. The National Pledge of Allegiance was recited. 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 January 15th meeting. Motion by Lampinstein to approve the minutes. Second by Watson. Minutes approved 4 – 0. (Herbert not present for this vote.) 3.Public Hearing to Consider an Appeal of an Administrative Decision regarding a denial for the extension of a Temporary Use Permit for a Construction Field Office as provided for in Section 5.04.040 ("Construction Field Offices") and Section 16.05 ("Definitions") as codified in the Unified Development Code (UDC) located in Sun City Texas at 105 Coyote Trail, Neighborhood 34. (DH) VAR-2008-002. Herbert was seated on the dais. Chair Lawson read the caption above and the procedures that would be followed. Dave Hall introduced the case and gave background for his decision . He cited that his first basis for denial was that the facility was used for purposes other than oversight of construction of new structures in the subdivision and that the definitions in the UDC of Temporary Uses and Construction Field Offices did not match the use of the building as customer relations personnel were housed in this building. His second basis for denial was based on the location of the construction field office in comparison to the construction work that was occurring. The City Attorney, Barbara Quirk counseled the Board that this case was not to be handled as they would normally address a variance and that findings of fact were not required. The Board has the authority to reverse the staff decision or let it stand based on the evidence presented in the packets and at the meeting. She went on to say that they have the authority to change the decision in whole or part. She advised an action of the Board would require a concurring vote of 4 members. Chair Lawson asked the applicant to state his case. Dino Longi represented Del Webb and Pulte Homes with a power point presentation. He stated that since 1995 Del Webb has operated under the Subdivision Regulations, not the Unified Development Code. He stated the Development Agreement with the city defines who can reside in their construction trailer and that Pulte considers Customer Relations Managers part of the Construction Department. He cited this has been an acceptable practice in Georgetown for many years. He also reminded the board that Pulte had been approved once for the location of this trailer, and said the proximity to construction was acceptable then. They are building in neighborhoods 34, 41, 42, and 43. They purposely built the trailers to blend in with the modelhomes that they were close to and included landscaping and fencing. He requested a reversal of the Building Officials decision and if that was not forthcoming then he asked for sufficient time to displace the 18 employees that are housed there. Board member Ross asked Mr. Hall what he considered construction staff and what the trailers were like. Hall explained that his definition of construction staff were superintendents and those that had business during the construction process. He explained that there were currently administrative staff and staff that worked beyond the construction phase housed in the building. He also explained that Pulte put four trailers together under one roof to accommodate this many people under one roof as per the definition and that it no longer met his definition of a construction trailer. Ross questioned the use of the Unified Development Code versus the Subdivision Regulations and Development Agreement to which Mr. Longi referred. Ms. Carls explained that Del Webb/ Pulte was operating under a development agreement and that the 7 th Amendment of that agreement was the most recent, and that occurred when Del Webb sold a portion of the development. At the time of the amendment, the city agreed to freeze the regulations in affect, being the 2001 subdivision regulations. She went on to say that the definition of a temporary use factually and legally got you to the same place. She read the definition for the temporary use: “Temporary buildings for construction purposes are permitted in any district as accessory buildings during the course of construction .” The board asked further clarifying questions of the staff. Herbert questioned Mr. Longi on the Pulte definition of administrative staff and customer relations managers. Mr. Longi explained that their philosophy was to have four phases of the construction process and each employee each served 6 months in each phase. The customer relations managers served one of those phases. Chair Lawson opened the public hearing. Earl Kilbride, 100 Rushmore Cove, spoke in support of Pulte’s request. Harry Wiesner, 123 Bronco Dr, spoke in support of Pulte’s request. Roby Sloan, 116 Saddle Trail, and using time from Ed Jasperson, 110 Saddle Trail, spoke in opposition to Pulte’s request. He complained that there was too much traffic, too much dust generated by the construction vehicles and the building and parking lot for the building was an eyesore from his home . Chair Lawson closed the public hearing. The board debated the issue. Ms. Herbert stated she felt they needed good evidence to oppose staff and that the permanent fence and landscaping do not meet the definition of a temporary use. Motion by Marjorie Herbert, "Because this use permit does not meet the requirements of the UDC or the Regs 2001 of a temporary building for construction purposes, I want to affirm the building official's denial of the permit and add that the applicant will have 9 months with which to vacate the premises and make whatever arrangements are necessary to be in compliance, starting today (April 15, 2008). Second by Earl Watson. Motion passes with a 5 - 0 vote. 4.Comments from Staff. No comments. 5.Comments from Board Members. No comments Chair Lawson adjourned the meeting at 7:20 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, January 15, 2008 The Zoning Board of Adjustment will meet on Tuesday, January 15, 2008 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 the November 20th meeting. 3.Public Hearing to consider a Variance from Section 10.06.010 of the Unified Development Code pertaining to sign setbacks at Hughes Addition, Block 2, and 3, located at 410-512 East University Avenue. (CB) http://www.georgetown.org/gis/plds/ZBA/VAR-2007-011.pdf 4.Public Hearing to consider a Variance from Section 6.03.020 of the Unified Development Code (UDC) pertaining to the required front Build-to Line and Section 6.03.040.B.3 of the UDC pertaining to the required rear yard at Highland Park, Block 1, Lot 2 (w/pt), located at 504 FM 1460. (VK) http://www.georgetown.org/gis/plds/ZBA/VAR-2007-012.pdf 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 _________________, 2008, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, January 15, 2008 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , January 15, 2008. Members Present: William Moore, Chair; Steve Lampenstein, Patrick Lawson, Dale Ross and Earl Watson Members Absent: none Staff Present: Elizabeth Cook, Interim Planning Director; Valerie Kreger, Planner III; Carla Benton, Planner II; 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 opened, 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 for this meeting. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the November 20th meeting. Motion by Watson, second by Lampenstein to approve the minutes. Approved 4 – 0. (Dale Ross came in after the vote.) 3.Public Hearing to consider a Variance from Section 10.06.010 of the Unified Development Code pertaining to sign setbacks at Hughes Addition, Block 2, and 3, located at 410-512 East University Avenue. (CB) Carla presented the application for First United Methodist Church. The applicant is proposing to remove the current signage in front of the primary structure and construct two matching monument signs along University Avenue with one in front of the primary sanctuary and the second on the lot to the east, which is a secondary educational site. they are requesting to place the signs five feet closer to the property line than permitted by the UDC, due to existing landscaping and buildings on the property line. Staff recommends approval of the variance pertaining to sign setbacks, with conditions that a landscape design be installed on the secondary site that meets the standards of the UDC. Will Moore questioned the applicant on the condition being put on the recommendation. Jennifer Shields, Trustee for FUMC, responded that they would make sure the landscape around the signs was installed according to the code. No other comments or speakers came forth. Motion by Lawson to approve the Variance from Section 10.06.010 of the Unified Development Code pertaining to sign setbacks at Hughes Addition, Block 2 and 3, located at 410 – 512 East University Avenue, based on the findings above, and subject to the condition requiring a comparable landscape design on the secondary site that meets the standards of the Unified Development Code. Second by Watson. Approved 5 -0. 4.Public Hearing to consider a Variance from Section 6.03.020 of the Unified Development Code (UDC) pertaining to the required front Build-to Line and Section 6.03.040.B.3 of the UDC pertaining to the required rear yard at Highland Park, Block 1, Lot 2 (w/pt), located at 504 FM 1460. (VK) Valerie Kreger presented the staff report. The applicant is requesting a variance to the required build-to requirement in order to expand onto the existing Pro-Auto Glass structure and continue the same 25-foot builindg line for the new portion of the building. And the applicant is requesting the required rear yard be reduced to ten feet to be consistent with the existing Pro-Auto Glass parking lot that will tie to and with the real estate office parking lot to its east. The applicant was not present. Chair Moore expressed concern about the expansion of this business since the Planning & Zoning Commission disallowed auto repair businesses in this zoning district and it seems they are not fulfilling their zoning classification standards. Lampenstein asked that they be advised of not being able to conduct an auto repair business on the site and that it must be “in-house” per the code. Motion by Lampenstein to approve the requested Variance from Section 6.03.020 of the Unified Development Code (UDC) pertaining tot he required front build-to line and Section 6.03.040 B.3 of the UDC pertaining to the required rear yard at Highland Park, Block 1, Lot 2 (w/pt), located at 504 FM 1460, based on the findings above. And that the applicant must still fulfill the development standards as listed in the UDC. Second by Lawson. Approved 5 – 0. 5.Comments from Staff. 6.Comments from Board Members. Moore asked that staff look at the C-1 build-to line requirements of the UDC. Chair Moore adjourned the meeting at 6:30 p.m.