HomeMy WebLinkAboutRES 990223-W - Encroach 153 Meadowlark LnNO. q90vIA3-&;
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the platted proposed drainage and public utility easement; 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 Edgewood Homes to encroach into the
platted proposed drainage and public utility easement, the City Council of the City of
Georgetown, Texas, finds the following facts:
1. That there are no utilities which would be interfered with by the utilization of
the property in the proposed manner.
Z. That there are no utilities which would interfere with the utilization of the
property in the proposed manner.
3. That the house and patio are in such a manner that it would not be feasible
to locate the patio outside the public utility easement.
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
A Planned Unit Development of Katy Crossing, Section Three-A, Block K, Lot 12: License Resolution No.
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WHEREAS, the City Council after hearing the application and finding the specific
facts as stated above now concludes and finds that:
1 The fact that the house and proposed patio are in such a manner that it
would not be feasible to locate the patio outside the platted proposed
drainage and public utility easement constitutes special circumstances and
conditions affecting the property which if not taken into consideration would
deprive the applicant of the reasonable use of his property.
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 proposed patio outside
the platted proposed drainage and public utility easement 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 easement area by the property owner does not
interfere with the drainage, 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 him.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
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 the City's
development process encourages new and infill development;" 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
A Planned Unit Development of Katy Crossing, Section Three-A, Block K, Lot 12: License Resolution No.
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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 Edgewood
Homes, pertaining to the encroachment of approximately five (5) feet for a proposed patio
into a portion of the platted proposed thirty (30) foot drainage and public utility easement
on the rear property line of A Planned Unit Development of Katy Crossing, Section Three-
A, Block K, Lot 12, located at 153 Meadowlark Lane.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1999.
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ATTEST, THE CITY OFGEORGE TC ) WN:
Sandra D. Lee By:,LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
A Planned Unit Development of Katy Crossing, Section Three-A, Block K, Lot 12: License Resolution No. f?0,Z;L3-U)
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153 Meadowlark Lane
Meadowlark
11-171;) ,s',r7,x- :3O"W 11.°'7'-0'
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Proposed
Encroachment
11-171;) ,s',r7,x- :3O"W 11.°'7'-0'