HomeMy WebLinkAboutRES 200425-R - Encroach Eubank AdditionWHEREAS, the City of Georgetown has received an application for a license to
encroach into the public right-of-way; and
WHEREAS, in order for a license to be granted by the City Council of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of Wilshire Financial Services to encroach
into a portion of the Knight Street right of way for the existing house, for Eubank Addition,
Block 7, Lot 2, located at 1912 Church Street, the City Council of the City of Georgetown,
Texas, finds the following facts:
That there are no utilities which would be interfered with by the utilization of
the property in the proposed manner.
2. That there are no utilities which would interfere with the utilization of the
property in the proposed manner.
3. That the existing house is in such a manner that it would not be feasible to
locate it outside the public right-of-way.
4. That the land use in the neighborhood appears to be stable and the use to
which this property is being put is not likely to change within the foreseeable
future and is compatible with other uses in the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific
facts as stated above now concludes and finds that:
The fact that the existing house is in such a manner that it would not be
feasible to locate it outside the right-of-way constitutes special circumstances
and conditions affecting the property which if not taken into consideration
would deprive the applicant of the reasonable use of their property.
Eubank Addition, Block 7, Lot 2, License Resolution No.
J:1CUR-PLANXCITYCNCLUCENSE\2000LIC',EA-87-L2.RES
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2. The fact that the land use is not likely to change within the foreseeable future
and that it is not economically feasible to locate the existing house outside
the right-of-way does provide a basis for granting the license necessary for
the preservation and enjoyment of the substantial property rights of the
applicant.
3. The fact that the use of the right-of-way by the property owner does not
interfere with the utilities or access to the utilities and is not detrimental to the
public health, safety or welfare or injurious to the property in the area; and
WHEREAS, the applicant agrees to accept the terms of the license agreement as
presented to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL • TAE CITT'
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this resolution implements the following policies of the Century Plan -
Development Plan Element:
1 Growth and Physical Development Policy 1, which states: "The City will
ensure that future land use patterns provide economic, cultural, and social
activities to all residents, businesses and organizations;" and
2. Utilities/Energy Policy 2, which states: "The City will establish utility policies
which take into consideration the needs of all citizens of the community and
take necessary precautions to prevent harmful ecological impact to the
environment;"
and further finds that the adoption of this resolution is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of
the Policy Plan.
SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to
attest thereto on behalf of the City of Georgetown a License Agreement with Wilshire
Financial Services, pertaining to the encroachment of the existing house into a portion of
the Knight Street right of way for, for Eubank Addition, Block 7, Lot 2, located at 1912
Church Street.
SECTION 3. This resolution shall be effective immediately upon adoption.
Eubank Addition, Block 7, Lot 2, License Resolution No. Page 2 of 3
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RESOLVED this day of 2000.
ATTEST:
xv
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
THE CITY OF GEORGETOWN:
By: MARYELLEN KERSCH
Mayor
Eubank Addition, Block 7, Lot 2, License Resolution No. -q00va"q--1?
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