HomeMy WebLinkAboutMinutes_ZBA_10.18.2022Minutes of the
Zoning Board of Adjustment
City of Georgetown, Texas
Tuesday, October 18, 2022
The Georgetown Zoning Board of Adjustment met on Tuesday, October 18, 2022 at 5:00 PM at Council
and Court Building, 510 W. 9th Street.
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The following Members were in attendance:
Present were: Stephaney Gipson Lafears, Ed Whitmore, Timothy E Haynie, Catherine Morales
Public Wishing to Address an Advisory Board
On a subject that is posted on this agenda: Please fill out a speaker registra on form which can be found on the
table at the entrance to the mee ng room. Clearly print your name and the le er of the item on which you wish to
speak and present it to the Board Liaison prior to the start of the mee ng. You will be called forward to speak
when the Board considers that item. Only persons who have delivered the speaker form priorto the mee ng being
called to order may speak. Speakers will be allowed up to three minutes to speak. If you wish to speak for six
minutes, it is permissible to use another requestor's granted me to speak. No more than six minutes for a speaker
may be granted. The requestor gran ng me to another speaker must also submit a form and be present at the
meeting.
On a subject not posted on the agenda: A request must be received by the Advisory Board or Commission Liaison
prior to the day the agenda for this mee ng is posted. Each speaker will be given three minutes to address the
Board or Commission members. No action can be taken at this meeting.
Call to Order
Pledge of Allegiance
Comments from the Chair
Announcements
Action from Executive Session
Regular Session
1.A Meeting Minutes
Consideration and possible action to approve the minutes from the June 21st, 2022
regular meeting of the Zoning Board of Adjustment - Kimberly Spencer, Development
Admin Program Manager.
Moved by Ed Whitmore; seconded by Catherine Morales to Approve Item 1.A.
Motion Approved: 4- 0
Voting For: Stephaney Gipson Lafears, Ed Whitmore, Timothy E Haynie, Catherine
Morales
Voting Against: None
1.13 2022-6-VAR - Georgian Apartments Shed
Public Hearing and possible action on a Zoning Variance for the encroachment into the
side setback pursuant to Section 7.02.020 of the Unified Development Code, for the
property located at 1700 S Austin Ave, bearing the legal description of 1.56 acres, Block
79 of the Lost Addition (2022-6-VAR). Travis Baird, Assistant Planning Director — Current
Planning
Travis Baird presented the staff report.
Board Member Whitmore asked how big the original shed was. Baird established that
the shed was 23 feet by 5 feet & 10 inches.
Chair Haynie asked how the applicant could have repaired or replaced the original shed
without requiring a variance. Baird explained that the applicant could have requested a
Letter of Regulatory Compliance from the Planning Department to confirm that the shed is
a legally non -conforming structure.
Alvin Grimm, Applicant, approached the podium to address the Commission and stated
that the property owners had hired a contractor to replace the shed in response to tenant
safety concerns and were unaware that he had not gone through the formality of acquiring
a permit. After firing the previous contractor, the structure was 90% built by the time they
learned that they would need an encroachment license. Since the original shed had
already been demolished, it had lost its legally non -conforming status and a variance is
now required before any other permits can be acquired. Grimm stated that should the
variance be granted, the slanted roof can be taken down to comply with the Fire
Department's comments. The shed complies with other requirements of the Georgian
Apartments.
Board Member Whitmore asked if the shed is right at the property line. Baird established
that the shed is 9 feet from the wall of the building and a little more than 3
feet from the property line. The fence had to be moved to a new location to
accommodate.
Board Member Gipson asked if the shed was intended for business or tenant use.
Grimm explained that the shed is used for the storage of maintenance equipment,
chemicals, and landscaping tools.
Board member Gipson asked if there are any components of the original shed
remaining. Grimm confirmed that the foundation of the original shed is all that
remains.
Board Member Morales asked if there is a permit that would allow them to build the
shed if the Board finds that it does not meet the criteria and denies the request. Baird
explained that a permit to build the shed would require them to put the structure in a
location where it conforms with the current code. The applicant has applied for a permit
to build the shed, but has been denied by the Planning Department until it conforms with
the site plan and zoning requirements of the property since the structure lost its legal
non -conforming status upon destruction.
Discussion on non -conformity and Fire code.
Board Member Whitmore asked what the process for the applicant would be if the
variance were denied. Baird explained that they would need to remove the remnants of
the shed and ensure any new structure conforms with the current UDC.
Chair Haynie opened and closed the public hearing with no speakers coming forth.
Moved by Ed Whitmore; seconded by Stephaney Gipson Lafears to Deny Item 1.B.
Motion: 4- 0
Voting For: Stephaney Gipson Lafears, Ed Whitmore, Timothy E Haynie, Catherine
Morales
Voting Against: None
Adjournment
These minutes were approved at the meeting of z 2z