HomeMy WebLinkAboutAgenda_ZBA_12.16.2014Notice of Meeting for the
Zoning Board of Adjustment Zoning Board of Adjustment
of the City of Georgetown
December 16, 2014 at 5:00 PM
at City Council Chambers, 101 E. 7th Street, Georgetown
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Legislative Regular Agenda
A Consideration and possible action of the Minutes from the October 21, 2014, Zoning Board of
Adjustment meeting.
B Consideration and possible action to accept new information regarding a request for Special
Exception for Setback Modification for an accessory structure at Dimmitt Addition, Block 90
(PT), 0.1652 acres, located at 913 South Walnut Street
C 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.
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
Zoning Board of Adjustment
December 16, 2014
SUBJECT:
Consideration and possible action of the Minutes from the October 21, 2014, Zoning Board of
Adjustment meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
ATTACHMENTS:
Description Type
October 21st Draft Minutes Cover Memo
Page 1 of 2
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, October 21, 2014 at 6:00 PM
Council Chambers
101 E. 7thStreet, Georgetown, Texas 78626
Board members: Ellen Davis, Chair; Will Moore, David Thompson and Philip Voigt
This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The
Board, appointed by the Mayor and the City Council, acts on requests for variances,
interpretations and special exceptions under the Georgetown Zoning Ordinance.
Board Member(s) Absent: Kevin Pitts
Staff Present: Jordan Maddox, Long Range Planner; Carla Benton, Planner; Mike Elabarger,
Senior Planner and Stephanie Mcnickle, Recording Secretary.
Chair Davis called the meeting to order at 5:00 p.m.
Regular Session - To begin no earlier than 5:00 p.m.
Call to order: 5:00 p.m.
(The Board may, at any time, recess the Regular Session to convene an Executive Session at the
request of the Chair, a Board Member, the Director or legal counsel for any purpose
authorized by the Open Meetings Act, Texas Government Code Chapter 551.)
1. Action from Executive Session. There was not an Executive Session.
2. Election of Vice-chair and Secretary for the 2014-2015 Zoning Board of Adjustment.
Motion by Chair Davis to elect Board member Moore as Vice-chair of the 2014-2015
Zoning Board of Adjustment. Second by Board member Thompson. Approved. (4-0)
3. Election of Secretary for the 2014-2015 Zoning Board of Adjustment.
Motion by Board member Moore to elect Board member Voigt as Secretary for the 2014-
2015 Zoning Board of Adjustment. Second by Board member Thompson. Approved. (4-
0)
4. Introduction to the Zoning Board of Adjustment .
Jordan Maddox gave a brief presentation regarding the department organization and
ZBA procedures.
5. Consideration and possible action on the Minutes of the regular Zoning Board of
Adjustment meeting on April 16, 2013. Motion by Board member Thompson to approve
the Minutes from the April 16, 2013 Zoning Board of Adjustment meeting with
correction. Second by Board member Moore. Approved. (4-0)
Page 2 of 2
6. Public Hearing and possible action on a Special Exception for Setback Modification for
an accessory structure at Dimmitt Addition, Block 90 (PT), 0.1652 acres, located at 913
South Walnut Street. SE-2014-001 Matt Synatschk, Historic Planner
Staff gave an overview and a report for the Special Exception and recommended
approval.
Chair Davis invited the applicant to address the Board.
John Lawton, representing the applicant, asked the Zoning Board of Adjustment to
approve his application and explained the reason.
Discussion among board members, staff and the applicant regarding the structure,
encroachment and setbacks to the property.
Chair Davis opened the Public Hearing. No one came forward, the Public Hearing was
closed.
Motion by Board member Thompson to approve the Special Exception for Setback
Modification for an accessory structure at Dimmitt Addition, Block 90 (PT), 0.1652
acres, located at 913 South Walnut Street. Second by Board member Voigt. Denied. (2-
2) Davis, Moore.
7. 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. SE-2014-002 Carla J. Benton, Planner
Staff gave an overview and a report for the Special Exception and recommended
approval.
Chair Davis invited the applicant to address the Board. The applicant did not wish to
speak.
Chair Davis opened the Public Hearing. No one came forward, the Public Hearing was
closed.
Motion by Board member Moore to approve the Special Exception for expansion of a
nonconforming structure at Fleager Addition, Block 1, Lots 7-20 & 22, located at 723
West University Avenue. Second by Board member Thompson. Approved. (4-0)
8. Adjourned at 5:50pm
_____________________________________ __________________________________
Ellen Davis, Chair Philip Voigt, Secretary
City of Georgetown, Texas
Zoning Board of Adjustment
December 16, 2014
SUBJECT:
Consideration and possible action to accept new information regarding a request for Special
Exception for Setback Modification for an accessory structure at Dimmitt Addition, Block 90
(PT), 0.1652 acres, located at 913 South Walnut Street
ITEM SUMMARY:
This item is a request by the applicant to the Board to accept new information relative to a request
for a Special Exception to allow a setback modification from the required 10 foot rear setback to
construct a 677 square foot accessory structure, within 1 foot of the rear property line, 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.
The Zoning Board of Adjustment reviewed Special Exception case SE-2014-001 at the October
21, 2014 meeting, where it failed to receive the required 75% majority vote. The original request
was for both a side and rear setback modification, the updated request is only for relief of the rear
setback based on the hardship situation that the Board may consider if it agrees that there is new
information relevant to the matter.
The applicant submitted new information to staff following the Board's previous decision, and has
requested to present this new information and modify the Special Exception request. The applicant
has indicated that a Georgetown Utility Systems (GUS) utility pole is located at the edge of the
property, along 9 1/2 Street. GUS has verified the presence of this pole and potential challenges it
presents. The location of the pole interferes with the site's ability to comply with the Residential
Single Family zoning district setbacks, leading the applicant to request the setback modification.
The Board must make a determination that the information is deemed to be new evidence prior to
considering the related Special Exception item. A simple majority of the Board members is
required for to approve this request to accept new information.
Staff recommends that the Board accept the additional evidence in order to allow consideration of
Special Exception case (SE-2014-001), as modified.
FINANCIAL IMPACT:
The applicant paid the required fees.
SUBMITTED BY:
Matt Synatschk, Historic Planner
ATTACHMENTS:
Description Type
SE-2014-003 Exhibit 1 - Location Map Backup Material
SE-2014-003 Exhibit 2 - Property Survey Backup Material
SE-2014-003
WALNUT ST
E 10TH ST
E 9TH ST
PINE ST
E 9TH 1/2 ST
SE-2014-003
Exhibit #1
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 100 200Feet ¯
LegendSiteParcelsCity LimitsGeorgetown ETJ
E University Ave
E University Ave
Site
City Limits
Street
Site ³
S
College
St
City of Georgetown, Texas
Zoning Board of Adjustment
December 16, 2014
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
10 foot rear setback to construct a 677 square foot accessory structure, within 1 foot of the rear
property line, 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-2014-003 based upon the review criteria of UDC Section
4.09.040.
Previous Zoning Board of Adjustment action:
SE-2014-001 was presented to the ZBA on October 21st and failed to receive the required 75%
approval to grant the setback modification. Per the UDC requirements, the applicant has requested
the ZBA review the application again in light of new evidence.
FINANCIAL IMPACT:
The applicant paid the required fees.
SUBMITTED BY:
Matt Synatschk, Historic Planner
ATTACHMENTS:
Description Type
SE-2014-003 Staff Report Backup Material
SE-2014-003 Exhibit 1 Backup Material
SE-2014-003 Exhibit 2 Backup Material
SE-2014-001 Exhibit 3 - Public Comment Letters Backup Material
Georgetown Planning and Development Department
Zoning Board of Adjustment Staff Report
SE-2014-003 913 South Walnut Street Special Exception Page 1 of 6
Meeting Date: December 16, 2014
File No: SE-2014-003
Project Planner: Matt Synatschk, Historic Planner
Report Date: December 4, 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 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
The applicant seeks to place a new structure where a now demolished structure once stood
within the current rear setback. The previous structure was legal nonconforming since it was
constructed prior to the current setback requirements. The new structure will occupy the same
footprint as the previous structure. However, the demolition of the original accessory structure
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. Since the proposed
construction and new foundation is located within the rear setback, a Special Exception for
Zoning Board of Adjustment Staff Report
SE-2014-003 913 South Walnut Street Special Exception Page 2 of 6
Setback Modification must be approved by the Zoning Board of Adjustment in order for the
construction of the proposed accessory structure to be permitted.
This request was previously brought before the ZBA (SE-2014-001) on October 21, 2014, but
failed to receive the required 75% majority for approval. The applicant has since presented
additional information and requests reconsideration of the original request.
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
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
Zoning Board of Adjustment Staff Report
SE-2014-003 913 South Walnut Street Special Exception Page 3 of 6
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 proposed new construction will utilize
the existing foot print of the garage and maintain a similar height, scale and massing of the
previous structure. The carport will not be reconstructed in order to comply with the required 20
foot side setback.
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) rear setback of 10 feet applies to the eastern property line.
The subject property abuts the paved surface of 9 ½ Street. The property survey indicates that the
property line extends to the street, limiting the city right-of-way to the paved portion of 9 ½
Street The property survey identifies a Georgetown Utility Systems utility pole located
approximately twenty feet from the rear property line. The location of the pole paired with
today’s RS setbacks makes it difficult to connect a driveway from 9 ½ Street to the accessory
Zoning Board of Adjustment Staff Report
SE-2014-003 913 South Walnut Street Special Exception Page 4 of 6
structure. The utility pole hosts GUS electric lines, Suddenlink cable lines and Verizon telephone
lines.
If the pole were to be relocated, it would be set at the rear property line, requiring the overhead
lines to extend across the rear yard from the pole to the primary structure. Utility lines are
required maintain a minimum clearance of 8 feet, which would significantly limit the
construction of any new accessory structure.
Section E3604.2 of the 2012 International Residential Code states the following:
E3604.2 Vertical Clearances
Overhead service conductors shall not have ready access and shall comply with
Sections E3604.2.1 and E3604.2.2.
E3604.2.1 Above Roofs
Conductors shall have a vertical clearance of not less than 8 feet (2438 mm)
above the roof surface. The vertical clearance above the roof level shall be
maintained for a distance of not less than 3 feet (914 mm) in all directions of
the roof.
Due to the lot dimensions, existing structures, and utilities, 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.
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
Zoning Board of Adjustment Staff Report
SE-2014-003 913 South Walnut Street Special Exception Page 5 of 6
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 December 11, 2014 agenda.
This project requires approval by the Zoning Board of Adjustment, the Historic and
Architectural Review Commission and the necessary building permits prior to completion.
The proposed setback modification is required to allow for the construction of the accessory
building within the physical constraints of the site. 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 November 30, 2014. As of the date of this
report, the City of Georgetown has not received any written comments for this case.
Three public comments were received for Case # SE-2014-001 and are included as an exhibit.
Staff Recommendation
Staff recommends approval of the Special Exception for Setback Modification to allow the
construction of an accessory structure within the rear setback as presented.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Applicant’s Supporting Documentation:
Letter of Request
Zoning Board of Adjustment Staff Report
SE-2014-003 913 South Walnut Street Special Exception Page 6 of 6
Site Dimensions and Survey
Aerial, Photos, Renderings
Exhibit 3 – Zoning Notification Letters
Submitted By
Matt Synatschk, Historic Planner
PINE STWALNUT ST
E 8 T H S T
E 11TH ST
S
COLLEGE
ST
E 10TH ST
E 9TH 1/2 ST
E 9 T H S T
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
Street
Site ³
PINE STWALNUT ST
E 8 T H S T
E 11TH ST
S
COLLEGE
ST
E 10TH ST
E 9TH 1/2 ST
E 9 T H S T
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
Street
Site ³
SE-2014-001WALNUT STS COLLEGE ST
E 10TH ST
E 11TH ST
PINE ST
E 9TH 1/2 ST
E 8 T H S T
E 9 T H S T
LegendSiteParcelsCity LimitsGeorgetown ETJ
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
¯
0 200 400Feet
Exhibit #4SE-2014-001
S College St
Site
City Limits
Street
Site
³
E UniversityAve
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
Google Street View photos
913 South Walnut Accessory Building DemoliƟon
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