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HomeMy WebLinkAboutMinutes_ZBA_06.21.2022City of Georgetown, Texas Zoning Board of Adjustment Meeting Minutes Tuesday, June 21, 2022 at 5:00 p.m. Courts and Council Building, located at 510 W. 9th Street, Georgetown, TX 78626 Board members present: Tim Haynie, Chair; Ed Whitmore; Terry Williams, Stephaney Gipson Lafears, Joseph Digiacomo Board members in training present: Catherine Morales, Colin McGahey Board members absent: None. Staff Present: Tadd Phillips, Interim Planning Director; Travis Baird, Assistant Planning Director; Ryan Clark, Planner; Grant White, Planner; Patrick Collins, Senior Planner; and Kimberly Spencer, Development Administration Program Manager Chair Haynie 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 http://government.georgetown.org/category/boards-commissions/. A. At the time of posting, no persons had signed up to address the Board. Legislative Agenda B Nomination and selection of Vice -Chair for the 2022-2023 year. Motion by Board member Haynie to nominate Terry Williams. Second by Board member Whitmore. Approved. 4-0 (Gipson-Lafears abstaining) C Nomination and selection of Secretary for the 2022-2023 year. Motion by Board member Haynie to nominate Board member Ed Whitmore. Second by Board member Whitmore. Approved. 4-0 (Gipson-Lafears abstaining) D Consideration and possible action to approve the minutes from the January 18, 2022 regular meeting of the Zoning Board of Adjustment -- Stephanie McNickle, Planning Technician Motion by Board member Digiacomo to approve the minutes from the January 18, 2022. Second by Board member Whitmore. 5-0 E Public Hearing and possible action on a Zoning Variance from the fuel sales canopy height limit pursuant to Section 5.04.020 of the Unified Development Code, for the property located at 3201 NE Inner Loop, bearing the legal description of 8.107 acres of land in the Antonio Flores Survey, Abstract Number 10 (2022-3-VAR). Ryan Clark, Planner II Ryan Clark presented the staff report. 1) Extraordinary Conditions- Does Not Comply. 2) No Substantial Detriment- Partially Complies. 3) Other Property- Does Not Comply. 4) Applicant's Actions- Does Not Comply. 5) Comprehensive Plan- Does Not Comply. 6) Utilization - Does Not Comply. 7) Insufficient Findings- Does Not Comply. Chair Haynie opened the floor to discussion from commissioners. Board Members Terry and Digiacomo inquired about the canopy. Clark clarified that staff missed a code requirement in the review and if staff had caught that in the review the applicant would have needed a variance. Board Member Digiacomo requested that the applicant respond to the height requirement. The applicant discussed the possibility of RV's hitting the top of the canopy creating a safety concern. Board Member Haynie requested clarity on height limitation. Clark clarified that the height limitation is 17 feet, and they are requesting 20 feet. Motion by Board member Whitmore to approve the Variance due to it complying with the approval criteria, UDC Section 3.15.030. 1) Extraordinary Conditions- Complies. 2) No Substantial Detriment- Complies. 3) Other Property- Complies. 4) Applicant's Actions- Complies. 5) Comprehensive Plan- Complies. 6) Utilization - Complies. 7) Insufficient Findings- Complies. Second by Board Member Williams. Motion Failed (4-2) F Public Hearing and possible action on a Zoning Variance from the fuel sales canopy height limit pursuant to Section 5.04.020 of the Unified Development Code, for the property located at 3930 Shell Road, bearing the legal description of 7.970 acres of land in the William Roberts Survey, Abstract Number 524 (2022-4-VAR). Ryan Clark, Planner II Ryan Clark presented the staff report. Board Member Whitmore expressed concerns over safety. The application shared that they are attempting to prevent collisions with the canopy. Board Members requested clarify on what the applicant would do if their request was not approved. The applicant shared that they would need to put up a sign but would still have significant concern with contact on the canopy. Motion by Board Member Whitmore to approve the Variance due to it complying with the approval criteria, UDC Section 3.15.030. 1) Extraordinary Conditions- Complies. 2) No Substantial Detriment- Complies. 3) Other Property- Complies. 4) Applicant's Actions- Complies. 5) Comprehensive Plan- Complies. 6) Utilization - Complies. 7) Insufficient Findings- Complies. Second by Board Member Williams. Approved (4-1) G Public Hearing and possible action on a Zoning Variance from the fuel sales canopy height limit pursuant to Section 5.04.020 of the Unified Development Code, for the property located at 3930 Shell Road, bearing the legal description of 7.970 acres of land in the William Roberts Survey, Abstract Number 524 (2022-5-VAR). Ryan Clark, Planner Ryan Clark presented the staff report. Motion by Board Member Digiacomo to Approve the Variance due to it complying with the approval criteria, UDC Section 3.15.030. 1) Extraordinary Conditions- Complies. 2) No Substantial Detriment- Complies. 3) Other Property- Complies. 4) Applicant's Actions- Complies. 5) Comprehensive Plan- Complies. 6) Utilization - Does Not Comply. 7) Insufficient Findings- Does Not Comply. Second by Board Member Whitmore. Denied (4-1) Motion to adjourn at 5:39p.m. by Board Member Whitmore. Second by Board Member Digiacomo. Motion approved 5-0 -P�M �knxAn�e. EcA Wh-ktmore Secretary