Loading...
HomeMy WebLinkAboutRES 960423-P - Encroach Churchill FarmsSOLUTION NO. 7 & ` L2 — 1 i III IWATAMMi ., ! 1 1 WHEREAS, the City of Georgetown has received an application for a license to encroach into the public utility easement; and WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulating, controlling, and governing encroachments; 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 Bill Palmer to encroach into the 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. 2. That there are no utilities which would interfere with the utilization of the property in the proposed manner. 3. That the existing structure is in such a manner that it would not be feasible to relocate it 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 WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: Lot 14, Block A, Section Five, Churchill Farms License Resolution No. Page 1 of 3 I . The fact that the proposed fence is in such a manner that it would not be feasible to relocate it outside the 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 their 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 remove the proposed fence that would encroach into the 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 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 OF THE CITY OF !' ! 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 Bill Palmer, pertaining to the encroachment of a fence located on Lot 14 of Churchill Farms Subdivision, commonly known as 412 Stonehedge Boulevard, into the public utility easement on the east property line. 1/ n Lot 14, Block A, Section Five, Churchill Farms License Resolution No. Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this "ay of 1996. ATTEST: THE CITY OF GEORGETOWN: Y." Sandra D. Lee By: hEO wbOD City Secretary May6r 'APRROVED AS TO FORM: Marianne Landers Banks City Attorney Lot 14, Block A, Section Five, Churchill Farms License Resolution No. 14 3 Page 3 of 3 NOTICL OF MEETING OF THE GOVERNING -30DY OF THE CITY OF GEORGETOWN, TEXAS The City Council of the City of Georgetown, Texas, will meet in Special Session on Tuesday, May 7, 1996, at 5:15 p.m. in the City Council Chambers, located at the northeast corner of Seventh and Main Street in Georgetown, Texas. Detailed explanatory information on the items listed below is compiled in an agenda packet which is distributed to the Mayor and each member of the Council. An agenda packet is also available at the Public Library, for the use of interested citizens. The meeting is open to the public, and If you need accommodations for any type of disability, please advise in advance. Regular Session - to begin at 5:15 p.m. A Mayor, Council, City Manager, and staff comments and reports Council Budget Retreat -Thursday, May 30 through Saturday, June 1, 1996 B Citizens wishing to address the Council_ Regular Agenda Council will individually consider and possibly take action on any or all of the following items: (Council may, at any time, recess the regular session to convene in executive session at the request of the Mayor, a councilmember, or the City Manager.) C Consideration of approval of an ordinance canvassing the votes for the May 4, 1996 General/Special Election and declaring the election results to be official --Emergency Reading/Sandra Lee D Consideration of an order to be entered into the minutes declaring the adoption of the increase of the sales tax if the proposition passed at the Special Election/Sandra Lee E Comments by outgoing Councilmembers F Swearing in of Mayor and Councilmembers/Sandra Lee G Comments by incoming Councilmembers H Lottery drawing to determine length of term for newly elected Councilmembers/Sandra Lee Election of Mayor Pro-Tem/Sandra Lee Swearing in of Mayor Pro-Tem/Sandra Lee Adjournment CERTIFICATE OF POSTING I, '' "`' t City Secretary of the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted on the r`.. day of >' .'' 1996, at fy: a m'%.m j Sandra D. Lee, City Secretary City Council Agenda/May 7, 1996