HomeMy WebLinkAboutMinutes_ZBA_08.17.2021City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, August 17, 2021 at 5:00 p.m.
Courts and Council Building, located at 510 W. 91th Street, Georgetown, TX 78626
Board members present: John Marler, Chair; Kaylah McCord; Ed Whitmore; Stephaney Lafears
Board members in training present: Joseph Digiacomo; Tim Haynie
Board members absent: Travis Perthuis
Staff Present: Sofia Nelson, Planning Director; Ethan Harwell, Senior Planner; Ryan Clark, Planner
and Stephanie McNickle, Planning Specialist
Chair Marler called the meeting to order at 5:00 p.m.
Public Wishing to Address the Board
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be
found at the Board meeting. Clearly print your name, the letter of the item on which you wish to speak,
and present it to the Staff Liaison, preferably prior to the start of the meeting. You will be called
forward to speak when the Board considers that item.
On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a
written request with the Staff Liaison no later than one week prior to the Board meeting. The request
must include the speaker's name and the specific topic to be addressed with sufficient information to
inform the board and the public. For Board Liaison contact information, please logon to
httl2:Hgovemment.georgetown.or /g category/boards-commissions/.
A. At the time of posting, no persons had signed up to address the Board.
Legislative Agenda
B. Consideration and possible action to approve the minutes from the June 15, 2021 regular
meeting of the Zoning Board of Adjustment -- Mirna Garcia, Program Manager
Motion by Board member McCord to approve the minutes for June 15, 2021. Second by Board
member Whitmore. Approved. 4-0.
C. Public Hearing and possible action on a Zoning Variance: from UDC Sec. 7.02.030.B.1 to allow
the drive-thru lane to encroach 5.8' into the required 25' front setback on Lot 4-B; and from
UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6' into the required 25'
front setback on Lot 4-B; and from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to
encroach 5.5' into the required 25' front setback on Lot 4C; for the property located at 1031 &
1035 W. University Avenue, bearing the legal description of Lot 4-B, Resubdivision of Wolf
Planning & Zoning Commission Minutes Page 1 of 3
August 17, 2021
Ranch, Block A, Lot 4; and Lot 4C, Wolf Ranch Subdivision, a Resubdivision of Block A, Lot 4-C
(VAR-2021-9). Ethan Harwell, Senior Planner
Staff report by Harwell. The applicant is requesting approval of variances to allow the
expansion of the current single -lane drive-thru lane to a two-lane drive-thru, as well as the
installation of a new canopy structure located at the point of ordering, and an encroachment of
the new parking lot drive aisle into the street setback to align the pavement of the parking lot
drive aisle with the outer drive-thru lane to enable an exit from the drive-thru. The applicant is
proposing the expansion of the drive-thru lanes to address the volume of customers for the
business and is proposing the additional parking area in conjunction with a proposed building
addition.
Chair Marler invited the applicant to speak to the Board.
The applicant stated the proposed changes will reduce traffic overflow to the street and will
improve customer service along with being good neighbors to adjacent businesses.
Chair Marler open the Public Hearing. No one came forward, the Public Hearing was closed.
Motion by Board member McCord to deny the Variance due to it not complying with the
approval criteria, UDC Section 3.15.030.
1) Extraordinary Conditions- Does not comply.
2) No Substantial Detriment- The application complies.
3) Other Property- Partially Complies.
4) Applicant's Actions- Partially Complies.
5) Comprehensive Plan- Partially complies.
6) Utilization — Does not comply.
7) Insufficient Findings- Partially Complies.
Motion was not seconded. Motion failed.
Motion by Board member Whitmore to approve the Variance due to it complies with the
approval criteria, UDC Section 3.15.030.
1) Extraordinary Conditions- Does Comply.
2) No Substantial Detriment- Does Comply.
3) Other Property- Does Comply.
4) Applicant's Actions- Does Comply.
5) Comprehensive Plan- Does Comply.
6) Utilization — Does Comply.
7) Insufficient Findings- Does Comply.
Staff informed the Board a super majority is needed to approve the motion due to 4 members
present. Staff stated a vote of 4-0 in favor is needed to approve the variance.
Chair Marler asked and staff stated the chair is unable to appoint an alternate to vote on the
item.
Planning & Zoning Commission Minutes Page 2 of 3
August 17, 2021
The Motion was Second by Board member Gipson Lafears. Denied. (3 approved-1 denied)
Super majority was needed due to quorum.
D. Public Hearing and possible action on a request for a Zoning Variance from PUD Ordinance
2017-31 for the street setbacks to be reduced from 25 feet to 10 feet, a 60% decrease, for the
properties located at 5514 and 5549 N Mays Street, bearing the legal description of 2.187 acres
and 1.467 acres out of the B.C. Low Survey (2021-8-VAR) - Ryan Clark, Planner
Staff report by Clark. The applicant is requesting a variance for the street setback requirement of
25 feet set by PUD Ordinance 2017-31 to be reduced to 10 feet on the portions of the properties
that front N Mays Street, a 60% decrease from the requirement. The applicant intends to
develop the property 10 feet from the property line. They stated that the subject properties are
too narrow for development with a 25-foot setback.
Chair Marler invited the applicant to speak to the Board. The applicant was absent.
Chair Marler opened the Public Hearing. No one came forward, the Public Hearing was closed.
Motion by Board member Whitmore to deny the Variance due to it does not comply with the
approval criteria, UDC Section 3.15.030.
1) Extraordinary Conditions- Does not Comply.
2) No Substantial Detriment- Does not Comply.
3) Other Property- Partially Complies.
4) Applicant's Actions- Does not Comply.
5) Comprehensive Plan- Does not Comply.
6) Utilization - Does not Comply.
7) Insufficient Findings- NA.
Second by Board member Gipson Lafears. Denied. (4-0)
Motion to adjourn at 5:43p.m.
Ed Whitmore, Secretary
Planning & Zoning Commission Minutes Page 3 of 3
August 17. 2021