HomeMy WebLinkAboutAgenda_ZBA_10.21.2014Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
October 21, 2014 at 5:00 PM
at Council Chambers, 101 East 7th Street, Georgetown, TX
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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 As of the deadline, no persons were signed up to speak on items other than what was posted on the
agenda.
Legislative Regular Agenda
B Call to Order
Pledge of Allegiance
Comments from the Chair
- Welcome and Meeting Procedures
Action from Executive Session
C Election of Vice-chair and Secretary for the 2014-2015 Zoning Board of Adjustment.
D Consideration and possible action of the Minutes from the April 16, 2013, Zoning Board of
Adjustment meeting.
E Introduction to the Zoning Board of Adjustment - Valerie Kreger, Principal Planner
F Public Hearing and possible action on a Special Exception for Setback Modification to allow for
construction of an accessory structure at Dimmitt Addition, Block 90 (PT), 0.1652 acres, located
at 913 South Walnut Street.
G Public Hearing and possible action on a Special Exception for expansion of a nonconforming
structure at Fleager Addition, Block 1, Lots 7-20 & 22, located at 723 West University Avenue.
Adjournment
CERTIFICATE OF POSTING
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice
of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public
at all times, on the ______ day of __________________, 2014, at __________, and remained so
posted for at least 72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
SUBJECT:
Election of Vice-chair and Secretary for the 2014-2015 Zoning Board of Adjustment.
ITEM SUMMARY:
Election of Vice-chair and Secretary for the 2014-2015 Zoning Board of Adjustment.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Consideration and possible action of the Minutes from the April 16, 2013, Zoning Board of
Adjustment meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Introduction to the Zoning Board of Adjustment - Valerie Kreger, Principal Planner
ITEM SUMMARY:
An overview of the Zoning Board of Adjustment powers and duties.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Stephanie McNickle, Recording Secretary
City of Georgetown, Texas
SUBJECT:
Public Hearing and possible action on a Special Exception for Setback Modification to allow for
construction of an accessory structure at Dimmitt Addition, Block 90 (PT), 0.1652 acres, located
at 913 South Walnut Street.
ITEM SUMMARY:
The applicant is requesting a Special Exception to allow a setback modification from the required
20 foot side setback and 10 foot rear setback to construct a 677 square foot accessory structure,
within 1 foot of the rear and 5 feet on the side property lines, replacing a previous structure. The
proposed two story accessory structure includes a 432 square foot garage on the first floor, with a
245 square foot play room on the second floor.
Staff recommends approval of SE-2014-001 based upon the review criteria of UDC Section
4.09.040.
FINANCIAL IMPACT:
The applicant paid the required fees.
SUBMITTED BY:
Matt Synatschk, Historic Planner
ATTACHMENTS:
Description Type
SE-2014-001 Exhibit 1 Backup Material
SE-2014-001 Exhibit 2 - Plan Review Backup Material
SE-2014-001 Exhibit 3 - Public Comment Letters Backup Material
SE-2014-001 Staff Report Backup Material
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SE-2014-001
SE-2014-001
Exhibit #1
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 250 500Feet ¯
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E University Ave
S College St
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City Limits
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PINE STWALNUT ST
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SE-2014-001
SE-2014-001
Exhibit #1
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 250 500Feet ¯
LegendSiteParcelsCity LimitsGeorgetown ETJ
E University Ave
S College St
Site
City Limits
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Site ³
SE-2014-001WALNUT STS COLLEGE ST
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PINE ST
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0 200 400Feet
Exhibit #4SE-2014-001
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My name is John Lawton, new owner of Green Earth Builders LLC. I have operated in
Georgetown and surrounding area for over thirty five years. when I started the project at 9L3 walnut I
found that the entire shed had rotted into the ground at least 6inches. There was no bottom ptate and
the studs were rotted and termite damaged up another 5 Inches. Taking the structure down was a slow
process for safety reasons' I had the wall up by itself. lthen proceeded to take the tin off with
understanding that the rust and holes in the tin were a produce that needed to be extracted and did so.
The carport only had three 2" X 4"s running to 4'X 4" post which I had to extract because of setback
from 9 % st' when I took the tin off of the shed it had mold and water damage as well as termite
damage across 80 percent of the siding. The siding had a paper like quality and all nails were exposed.
There was about L6" of space between our shed and the neighbors shed which had a rack for storing
wood built on the overhand of the shed. My guys were brushing against the wall with rusty nails so, I
dropped the wall for safety' we took the siding off and put the wail back but started thinking about my
foundation guys and they wouldn't have room to work. Nor would they be able to trench out my special
depth footing needed forthis area. lslid the walloverto pourthe slab. Looking back in hind sight lknow
I should have contacted Jeff or Matt from taking the tin off to moving the wall. I have taken over a
company which is something I have been working towards my whole life. I have been overwhelmed with
the business side of a company that when I came to dealing with the city for permits and the entire
process I blanked' I am a carpenter out right and learning the best I can on the business part, growing
each day' I hired my daughter to help with the process and making it possible for me to move forward
for work' I have never made any bad decisions in my 35 years and to make the mistake like I did is very
outofcharacterforme' lhaveanA+gradeforqualityofworksecondtonone. lhavealwaysgivenmy
client above standard structural materials. I upgrade on all member and over engineer all footings and
piers' My clients know me to be honest and fair. I come to you today with the hope that you understand
that I meant only the best product for my client and the safety of my crew. I made the worst decisions of
my life consecutively' I promise I learned from my mistake and I hope that you would have the leniency
not to punish the home owner for my mistakes. My whole life I have always made decisions dealing with
any type of trouble shooting. I am learning to change throughout this process. I pran to be working in
the Georgetown area for ten rnore years if god willing. t have three jobs in old town in the works as of
today' I never meant for this to happen and for me to be negligent in my actions. This is not me or my
work ethic' I pray that you can have the compassion and let me proceed with the project.
Thank you for your time,
John LaMon
913 South Walnut Accessory Building DemoliƟon
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Georgetown Planning and Development Department
Zoning Board of Adjustment Staff Report
SE‐2014‐001 913 South Walnut Street Special Exception Page 1 of 5
Meeting Date: October 21, 2014
File No: SE‐2014‐001
Project Planner: Matt Synatschk, Historic Planner
Report Date: September 2, 2014
Relevant UDC Section: 4.09
Staff Recommendation: Approval of the proposed project as presented
Item Description
Public Hearing and possible action on a Special Exception for Setback Modification to allow for
construction of an accessory structure at Dimmitt Addition, Block 90 (PT), 0.1652 acres, located at
913 South Walnut Street.
Item Details
Project Name: 913 South Walnut Street Accessory Building
Project Address: 913 South Walnut Street
Location: Southeast corner of 9 ½ and Walnut Streets
Legal Description: Dimmitt Addition, Block 90 (PT), 0.1652 acres
Zoning: RS, Residential Single‐Family
Future Land Use: Moderate Density Residential
Applicant/Owner: John Lawton, Green Earth Builders for James Bray and Kendall Britt
Contacts: John Lawton, Green Earth Builders
The applicant is requesting Special Exception approval for a side and rear setback modification
from the Zoning Board of Adjustment (ZBA) to construct a 677 square foot accessory structure,
replacing a previous structure. The proposed two story accessory structure includes a 432 square
foot garage on the first floor, with a 245 square foot play room on the second floor.
Background
On March 27, 2014 the applicant met with city staff to discuss the proposed project at 913 South
Walnut Street. The applicant indicated at the meeting and on the Pre Application Meeting
Request that the existing accessory structures would be remodeled to create the new structure.
The project included the expansion of the current accessory buildings to build out the garage and
add a second story playroom. The applicant was notified that the current buildings were located
within the side and rear setbacks and any demolition required approval of a Certificate of Design
Compliance.
The applicant seeks to replace a previously demolished structure with a new structure located
within the setback. The new structure will occupy the same footprint as the previous structure,
Zoning Board of Adjustment Staff Report
SE‐2014‐001 913 South Walnut Street Special Exception Page 2 of 5
requiring the approval of a setback modification from ZBA.
The demolition of the two accessory structures resulted in the loss of the legal non‐conforming
status, requiring any new construction to meet the current requirements of the Residential Single
Family (RS) zoning district. Per Unified Development Code (UDC) Section 6.03.050.A,
Residential Single‐Family District Lot and Dimensional Standards, the rear setback shall be a
minimum of 10 feet and the side setback shall be a minimum of 20 feet for properties taking
driveway access from a side street. The proposed construction and new foundation is located
within both the side and the rear setbacks.
Due to the encroachment into the rear and side setbacks, a Special Exception for Setback
Modification must be approved by the Zoning Board of Adjustment in order for the construction
of the proposed accessory structure to be permitted. Per UDC Section 3.15.B, the ZBA shall have
the authority to hear and decide certain authorized Special Exceptions to the terms of the Code.
Authorization/Review Criteria
Section 3.15.040, Criteria for Special Exception Review, allows for request of a Special Exception
for residential setback modifications pursuant to Section 4.09.040.B, Special Exception for Setback
Modification, and 6.06.010.D, detailed above.
The ZBA shall base a decision to allow setback modification on review of the factors included in
Section 4.09.040.B and the site’s specific circumstances. The Board shall consider the following
criteria and standards in determining whether to grant a Special Exception for setback
modification:
1. If the proposed setback modification is solely a matter of convenience, no Special
Exception shall be granted.
2. If there is adequate room on the site to allow the proposed addition or new structure
without obtaining a Special Exception, no Special Exception shall be granted.
3. The fact that a property may be utilized more profitably if a Special Exception is granted
shall not be considered a sufficient basis for granting a Special Exception.
4. Whether, if the Special Exception is granted:
a. The proposed setback modification is compatible and in context within the block in
which the subject property is located.
b. The existing building envelope, including the main structure and any accessory
structures, occupied the site in the past year.
c. The existing structure is being replaced with new construction that meets the same
Zoning Board of Adjustment Staff Report
SE‐2014‐001 913 South Walnut Street Special Exception Page 3 of 5
dimensions and standards within the same footprint as the existing structure.
d. The proposed new structure will be less than 125% of the size of the structure is it
replacing.
e. The proposed addition will be less than 25% of the size of the existing structure to
which is being added.
f. The proposed addition or new structure will not be set closer to the street than any
unit within the block.
g. The proposed addition or new structure will be less than 125% of the average size
of the other similar structure within the same block that are located within the
setback.
h. The proposed addition or new structure would negatively impact adjoining
properties by hampering their ability to develop within the required setbacks or
maintain existing and future buildings.
i. There is adequate space for future and long‐term maintenance of the proposed
addition or new structure an adjoining structures.
j. The maintenance or location of fences or other structures are negatively impacted.
k. Existing large tree or significant features of the lot are preserved.
5. The presence of other structure in the block with reduced setbacks does not automatically
entitle another property to have the same reduced setbacks. All applications shall be
considered in detail on a case‐by‐case basis.
Staff Analysis
The subject site is located within the Old Town Overlay District, surrounded by single family
residences and bounded by East 9 ½ Street to the north and Walnut Street to the west. East 9
½ extends for one block between Walnut and Pine Streets generating very little traffic flow.
The current use for the site is a single family residence, and the property is zoned Residential
Single Family (RS). The property currently takes driveway access from 9 ½ Street, which will
remain unchanged.
The current structure on the site is an approximately 2,500 square foot, two‐story historic
structure, which serves as the primary residence. The site previously included two accessory
structures; an open ended carport, and a two story garage. All three original structures are
shown on the property survey, included as Exhibit 1.
The applicant proposes to construct a 677 square foot accessory structure, which includes a first
floor garage and storage room, plus a second story recreational room. The Residential Single
Family (RS) setbacks apply to this project and are as follows:
Zoning Board of Adjustment Staff Report
SE‐2014‐001 913 South Walnut Street Special Exception Page 4 of 5
20’ from the property line adjacent to 9 ½ Street (due to the driveway access)
10’ from the eastern adjacent property, located at 906 Pine Street
6’ from the southern adjacent property line, located at 915 Walnut Street
Due to the lot dimensions and existing structures, the required setbacks limit the use of the rear
yard for garage and additional uses. The proposed project will encroach 9 feet in to the rear
setback and 15 feet in to the side setback.
The applicant’s request for a setback modification would allow the applicant to construct a new
building where a previous building was located on the property. The site constraints limit
compliance with the setbacks required by the RS zoning district. The property is a private
residence and granting the setback modification will not create a more profitable use for the site.
The proposed setbacks are generally consistent with the surrounding block. 10 of the 12
properties included in the 200 foot notification area have existing accessory buildings located
within the required residential setbacks. Therefore, the placement of the proposed accessory
structure would be compatible with the surrounding properties and not have an adverse effect
on the context of the neighborhood. In addition, the proposed structure does not exceed 125% of
the average size of similar structures located within the block.
The primary structure and accessory buildings have occupied the site during the previous year.
The primary structure remains in place and the proposed accessory structure will be located on
the footprint of the previous structure. The footprint of the structure will remain the same and
the addition of the second story will not increase the total size by more than 125% of the previous
structure. Additionally, the proposed 677 square foot structure is approximately 23% of the size
of the primary structure. The proposed accessory structure will not extend any further into the
current setbacks than the primary structure or the prior structure.
The proposed accessory structure will not prevent development of the adjacent properties, nor
hamper the ability to conduct the necessary maintenance of the structure and site.
Per UDC Section 4.09, accessory structures built in the setback are limited to one story and 8 feet
in height. ZBA approval is required for the construction of an accessory building exceeding 8 feet
and located within the setback. HARC’s review authority overlaps with the Zoning Board of
Adjustment, with the review centering upon the scale, massing and overall impact upon the
surrounding neighborhood. The HARC case is set for the October 23, 2014 agenda.
This project requires approval by the Zoning Board of Adjustment, the Historic and
Zoning Board of Adjustment Staff Report
SE‐2014‐001 913 South Walnut Street Special Exception Page 5 of 5
Architectural Review Commission and the necessary building permits prior to completion.
Considering the information above and the supporting documentation of the applicant, staff
considers the request for a Special Exception for the setback modification appropriate and
recommends approval.
Public Comments
A total of 21 notices were sent out to property owners within 200 feet of the subject property.
Public notice was posted in the Sun newspaper on October 5, 2014. As of the day of this report,
the City of Georgetown is in receipt of three public comments in support of this application, from
the property owner located at 906 South Pine Street.
Staff Recommendation
Staff recommends approval of the Special Exception for Setback Modification to allow the
construction of an accessory structure within the side and rear setbacks as presented.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Applicant’s Supporting Documentation:
Letter of Request
Site Dimensions and Survey
Aerial, Photos, Renderings
Exhibit 3 – Zoning Notification Letters
Submitted By
Matt Synatschk, Historic Planner
City of Georgetown, Texas
SUBJECT:
Public Hearing and possible action on a Special Exception for expansion of a nonconforming
structure at Fleager Addition, Block 1, Lots 7-20 & 22, located at 723 West University Avenue.
ITEM SUMMARY:
Background: The applicant is requesting that the Zoning Board of Adjustment (ZBA) approve a
Special Exception for building expansion as required by Section 14.04.080.B. of the UDC, since
the existing structure was determined to be a nonconforming structure, based upon it’s location in
both the front and side setbacks. The applicant proposes to expand the building up to 100%, and is
therefore required to obtain approval from the Zoning Board of Adjustment.
The proposed renovation would remove the portion of the building that extends into the front
setback along W. University Ave. and expand the remaining portion of the building to the east.
The current parking and pavement in the setbacks will be redesigned with six (6) of the 10 spaces
relocated internally.
Public Comments: No public comments have been received as of the writing of this report.
Recommended Motion: Approval of the request for a Special Exception for expansion of a
nonconforming structure at Fleager Addition, Block 1, Lots 7-20 & 22, located at 723 West
University Avenue.
FINANCIAL IMPACT:
The applicant has paid the required fees.
SUBMITTED BY:
Carla J. Benton
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Report Exhibit 1 Backup Material
Report Exhibit 2 Backup Material
Georgetown Planning Department
Zoning Board of Adjustment Staff Report
Fleager Addition Special Exception Page 1 of 3
Meeting Date: October 21, 2012
File No: SE-2014-002
Report Date: October 8, 2014
Staff Review: Carla J. Benton, Planner
Staff Recommendation: Approval
Subject
Public Hearing and possible action on a Special Exception for expansion of a nonconforming structure at
Fleager Addition, Block 1, Lots 7-20 & 22, located at 723 West University Avenue.
Application Summary
Applicant: Lee McIntosh
Property Owner: Stapel LP
Property Address: 723 West University Avenue
Legal Description: Fleager Addition, Block 1, Lots 7-20 & 22
Zoning District: C-1, Local Commercial
Relevant UDC Section: Section 14.04.080.B., Expansion of a Nonconforming Structure
The applicant is requesting Special Exception approval from the Zoning Board of Adjustment (ZBA) for
building expansion as required by Section 14.04.080.B. of the UDC, because the structure was determined
to be a nonconforming structure, based upon it’s location in both the front and side setbacks. The applicant
proposes to expand the building up to 100%, and is therefore required to seek approval from the Zoning
Board of Adjustment.
The renovation would remove the portion of the building that extends into the front setback along W.
University Ave. and expand the remaining portion of the building to the east. The current parking and
pavement in the setbacks will be redesigned with six (6) of the 10 spaces relocated internally.
Background
The most recent use of the structure at 723 W. University Ave. was a barbeque restaurant and has been a
restaurant for many years. The building was built in 1953 according to the Williamson County Appraisal
District but is not listed on the Historic Resource Survey.
Authorization/Review Criteria
Section 14.04.080 Expansion of a Nonconforming Structure states:
“B. A legal nonconforming structure may be expanded or enlarged in excess of 50% of its size only upon
approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code.
Per UDC Section 3.15.040, the Zoning Board of Adjustment (Board) may grant a Special Exception from
the requirements of certain provisions of the UDC, if the exception is not contrary to the public interest, the
spirit of the Code is preserved, and substantial justice is done.
There are no criteria or standards for review of this type of Special Exception request in the UDC; unlike a
Zoning Board of Adjustment Staff Report
Fleager Addition Special Exception Page 2 of 3
variance, it is at the discretion of the ZBA.
Staff Analysis
The applicant has requested relief from the limitations of expansion to remodel and expand the current
structure up to 100%. The current structure is very old and in poor condition with a current encroachment
of the building into the front setback. The proposed remodel would bring the structure out of the front
setback and the applicant proposes to install a new storefront and roof structure, creating new facades on all
four sides.
The parking would be reconfigured as depicted in the blue area below, with six parking spaces being
removed from the front setback improving the aesthetics at this intersection. The applicant proposes to
meet current parking requirements for the overall site. With a Site Plan application the applicant proposes
to bring the landscape for the redevelopment area into compliance with current codes.
Due to the improvements to the structure, site, landscape and streetscape staff considers the Special
Exception request appropriate, an improvement to the current situation, and recommends approval of the
requested expansion.
Public Comments
A total of nineteen (19) notices were sent out to property owners within 200 feet of the subject property.
Public notice was posted in the Sun newspaper on October 5, 2014. As of the day of this report, there has
been no public comment submitted to the Planning Department office regarding the application.
Zoning Board of Adjustment Staff Report
Fleager Addition Special Exception Page 3 of 3
Staff Recommendation
Staff recommends approval of the Special Exception as follows:
Approval to allow expansion of the existing structure up to 100%.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Applicant’s Letter of Request
Submitted By
Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director
W UNIVERSITY AVE
W 10TH ST
RAILROADAVE
SCENICDR
HART ST
SC
EN
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C
DR
W 11TH ST
MONTGOMERY
ST
WEST ST
W 13TH ST
SE-2014-002
SE-2014-002
Exhibit #1
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