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HomeMy WebLinkAboutAgenda_ZBA_12.17.2019Notice of Meeting for the Zoning Board of Adjustment of the City of Georgetown December 17, 2019 at 5:00 PM at City Council Chambers - 510 West 9th Street, Georgetown, TX 78626 The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King Jr. Street, Georgetown, TX 78626 for additional information; TTY users route through Relay Texas at 711. Legislative Regular Agenda A Public Hearing and possible action on a request for a 446-sq.ft. variance from the 600-sq.ft. maximum detached garage accessory structure size requirement of Unified Development Code Section 6.05.010.C to allow a 446-sq.ft. attic finish-out of the garage structure, for a total of 1,046-sq.ft., on the property located at 1302 S College St, bearing the legal description of 0.498 acres of the north portion of Block 4, Hughes Addition (2019-4-VAR) -- Britin Bostick, Historic and Downtown Planner Adjournment Certificate of Posting I, Robyn Densmore, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 808 Martin Luther King Jr. Street, Georgetown, TX 78626, a place readily accessible to the general public as required by law, on the _____ day of _________________, 2019, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Robyn Densmore, City Secretary Page 1 of 47 City of Georgetown, Texas Zoning Board of Adjustment December 17, 2019 SUBJECT: Public Hearing and possible action on a request for a 446-sq.ft. variance from the 600-sq.ft. maximum detached garage accessory structure size requirement of Unified Development Code Section 6.05.010.C to allow a 446-sq.ft. attic finish-out of the garage structure, for a total of 1,046-sq.ft., on the property located at 1302 S College St, bearing the legal description of 0.498 acres of the north portion of Block 4, Hughes Addition (2019-4-VAR) -- Britin Bostick, Historic and Downtown Planner ITEM SUMMARY: Overview of the Applicant's Request: The Applicant is requesting a 446-sq.ft. variance from the 600-sq.ft. maximum detached garage accessory structure size requirement of Unified Development Code Section 6.05 to allow a 446-sq.ft. attic finish-out of the garage structure, for a total of 1,046-sq.ft. Staff Analysis: Staff has reviewed the zoning variance request for a 446-sq.ft. variance from the required 600-sq.ft. maximum in accordance with the UDC and other applicable codes. Staff has determined that the proposed request meets 2 of the 7 required findings established in UDC Section 3.15.030.A for a Zoning Variance as outlined in the attached Staff Report. Public Comment As required by the Unified Development Code, all property owners within a 300-foot radius of the subject property that are located within City limits were notified of the variance request (23 notices mailed), a legal notice advertising the public hearing was placed in the Sun Newspaper (December 1, 2019) and signs (2) were posted on-site. To date, staff has received one (1) public comment in favor. FINANCIAL IMPACT: None. The applicant has paid the required application fees. SUBMITTED BY: Britin Bostick, Downtown & Historic Planner ATTACHMENTS: Description Type 2019-4-VAR - ZBA Staff Report Cover Memo Exhibit 1 - Location Map Exhibit Exhibit 2 - Conceptual Plan Exhibit Exhibit 3 - Applicant's Letter of Intent Exhibit Exhibit 4 - Public Comments Exhibit Presentation Presentation Page 2 of 47 Zoning Board of Adjustment Planning Department Staff Report Case No. 2019-4-VAR 1302 S. College Street Page 1 of 6 Report Date: December 13, 2019 Case No: 2019-4-VAR Project Planner: Britin Bostick, Downtown & Historic Planner Item Details Project Name: 1302 S. College Street Project Address: 1302 S. College Street, within City Council district No. 1. Legal Description: Hughes Addition, BLOCK 4n/pt, ACRES 0.498. Property Owner: Thomas L. & Janis Anderson Paxson Request: The Applicant is requesting a 446-sq.ft. variance from the 600-sq.ft. maximum detached garage accessory structure size requirement of Unified Development Code Section 6.05.010.C to allow a 446-sq.ft. attic finish-out of the garage structure, for a total of 1,046-sq.ft. Case History: This is the first public hearing of this request. 2019-16-COA approvals included building height and setback modifications. Page 3 of 47 Planning Department Staff Report Case No. 2019-4-VAR 1302 S. College Street Page 2 of 6 Overview of Applicant’s Request The Applicant is requesting a 446-sq.ft. variance from the 600-sq.ft. maximum detached garage accessory structure size requirement of Unified Development Code Section 6.05.010.C to allow a 446- sq.ft. attic finish-out of the garage structure, for a total of 1,046-sq.ft. The applicant’s letter of intent (Exhibit 3) outlines in detail the applicant’s eight (8) reasons for justification of the variance request, which include tree preservation, building placement, matching architecture of the primary structure, and allowances for other accessory structures on the property. Location: The subject property is located on S. College Street between E. 13th Street and E. 14th Street. It is approximately 1.5 blocks south of E. University Ave. Future Land Use and Zoning Designations: The Future Land Use designation is Moderate Density Residential and the zoning designation is Residential Single-Family (RS) and Old Town Historic Overlay districts. Surrounding Properties: The subject property is in an established single-family neighborhood within the Old Town Overlay. The current zoning, Future Land Use designation, and existing uses of the adjacent properties to the north, south, east and west are outlined in the table below: LOCATION ZONING DISTRICTS FUTURE LAND USE EXISTING USE North Residential Single-Family (RS), Moderate Density Residential Church, Residential Single-Family South Residential Single- Family East West Planned Unit Development (PUD), Residential Single-Family (RS) Parking Lot Page 4 of 47 Planning Department Staff Report Case No. 2019-4-VAR 1302 S. College Street Page 3 of 6 Approval Criteria The following are the pertinent sections of the Unified Development Code (UDC) related to this request: • Section 3.15.030 – Criteria for Zoning Variance Review • Section 6.02.050 – Residential Development Standards, RS – Residential Single-Family District • Section 6.05.010 – Accessory Structures, Garages, and Carports Staff has reviewed the variance request and the applicant’s stated findings, and has evaluated the request based on the UDC required findings for a variance in accordance with UDC Section 3.15.030, which stated: Required Findings The Zoning Board of Adjustment may authorize a variance from the requirements of the zoning provisions of the UDC if the variance from the terms of the zoning provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done. No variance shall be granted unless the ZBA finds all of the required findings established in UDC Section 3.15.030.A. Page 5 of 47 Planning Department Staff Report Case No. 2019-4-VAR 1302 S. College Street Page 4 of 6 Staff has reviewed the zoning variance request for an increase in the permitted size of a detached two- car garage in accordance with the UDC and other applicable codes. Staff has determined that the proposed request meets 2 of the 7 required findings established in UDC Section 3.15.030.A for a zoning variance as outlined below. ZONING VARIANCE CRITERIA FINDING COMMENT Extraordinary Conditions - That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Zoning Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. Does Not Comply The subject property conditions of heritage trees and the Recorded Texas Historic Landmark designation are not limited to this property, and there are no extenuating circumstances that preclude the property owner from constructing additional accessory structures on the property, provided the requirements of the UDC are met. No Substantial Detriment – That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. Complies No substantial detriment would be caused from granting this request as the request is for interior finish-out of a space to create additional habitable square footage. Other Property - That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity. Does Not Comply Although the historic structure on the property is a Recorded Texas Landmark and heritage trees exist on the subject property, the size limitation is consistent across all zoning districts and generally applies to other property in the vicinity. Applicant's Actions - That the conditions that create the need for the Zoning Variance are not the result of the applicant's own actions. Does Not Comply The request for the size variance is related to the design of the structure as two-story. The applicant could build other accessory structures, construct an addition to the principal structure, or connect both structures in accordance with the UDC on the subject property to serve as office use. It is the Applicant’s choice to Page 6 of 47 Planning Department Staff Report Case No. 2019-4-VAR 1302 S. College Street Page 5 of 6 ZONING VARIANCE CRITERIA FINDING COMMENT finish the space above the two-car garage. Through the Certificate of Appropriateness process the applicant demonstrated a need for height and setback modifications to the structure to allow for the placement of the 2-story accessory structure, both of which were approved on May 24, 2019. Comprehensive Plan - That the granting of the Zoning Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. Complies The variance would not substantially conflict with the Comprehensive Plan. The Comprehensive Plan does seek to remove impediments to re- investment in older, developed areas (Land Use Policy 2.A), however accessory structure sq. footage requirements apply uniformly across residential zoning districts. Through the COA process, the applicant was able to modify height and setbacks to accommodate the proposed envelope of the accessory structure. The request does not increase the building massing, footprint or impervious cover but does exceed the maximum size for detached garages established by the UDC. Utilization - That because of the conditions that create the need for the Zoning Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. Does Not Comply If the restrictions on the subject property of a detached garage structure are enforced, the property could still be utilized for its intended purpose as a residential structure with a detached garage. Insufficient Findings - The following types of possible findings do not constitute sufficient grounds for granting a Zoning Variance: a. That the property cannot be used Does Not Comply There applicant’s Letter of Intent proposes that the need for the variance is to utilize space generated by the dictates of the house architecture, the nature of the lot and the historic district guidelines. The house architecture does not require Page 7 of 47 Planning Department Staff Report Case No. 2019-4-VAR 1302 S. College Street Page 6 of 6 ZONING VARIANCE CRITERIA FINDING COMMENT for its highest and best use. b. That there is a financial or economic hardship. c. That there is a self-created hardship by the property owner or their agent. d. That the development objectives of the property owner are or will be frustrated. the development a of habitable space above the garage (Item C) and the granting of height and setback modifications for the placement of the 2-car garage further the development objectives of the property owner (Item D). The application of the Code does not deprive the applicant of reasonable use of their property and the condition that creates the need for the variance is the size of the proposed structure, a Code requirement that applies uniformly in residential zoning districts citywide. Further, the granting of height and setback modifications for the placement of the 2-car garage further the development objectives of the property owner. Public Comments As required by the Unified Development Code, all property owners within a 300-foot radius of the subject property that are located within City limits were notified of the variance request (23 notices mailed), a legal notice advertising the public hearing was placed in the Sun Newspaper (December 1, 2019) and signs (2) were posted on-site. To date, staff has received one (1) public comment in favor. Attachment(s) Attachment 1 – Location Map Attachment 2 – Conceptual Plan Attachment 3 – Applicant’s Letter of Intent Attachment 4 – Public Comments Page 8 of 47 ELM ST ASH ST PINE ST E 15TH ST E 13TH ST MAPLE ST S MAIN ST S C H U R C H S T OLIVE ST S AUSTIN AVE E UNIVERSITY AVE S COLLEGE STS MYRTLE ST E 9TH ST E 11TH ST E 10TH ST E 16TH ST WALNUT ST E 14TH ST LAUREL ST SAN JOSE ST SOULE DR W 17TH ST W 16TH ST W 9TH ST W 11TH ST W 10TH ST E 17TH ST GEORGE ST W UNIVERSITY AVE K N I G H T S T H O L L Y S T E U B A N K S T W RUTERSVILLE DR C Y R U S A V E WALNUT ST E 17TH ST S M Y R T L E S TE 16TH ST E 14TH ST E 10TH ST E 16TH ST E 14TH ST E 11TH ST E 16TH ST E 1 7 T H S TE 17TH ST 2019-4-VARExhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 500 1,000Feet Page 9 of 47 FFE = 755.83' FFE = 756.42' FFE = 756.93'CO V E R E D WO O D PO R C H WOOD STEPS SCREENEDPORCH 0.498 AC PT OF BLOCK 4 THOMAS L. PAXSON & JANIS ANDERSON-PAXSON DOC. NO. 2018095092, OPR ANTENNA 15' BUILDING LINE 20 ' B U I L D I N G L I N E 6' BUILDING LINE 10 ' B U I L D I N G L I N E 25' STREET FACING GARAGEBUILDING LINE 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 8. 3 ' 6.2' 3.3 ' 5.5'2.4 ' 6.5' 32 . 2 ' 18.2' 8. 4 ' 46.2' 15 . 7 ' 45.7' 752 75 3 75 2 7 5 4 75 5 75 8 75 9 75 7 75 6 7 5 5 75 5 75 4 75 3 75 2 75 2 S 87° 46' 08" W 180.83' N 0 2 ° 0 1 ' 1 7 " W 1 1 9 . 9 4 ' N 87° 44' 29" E 180.93' S 0 1 ° 5 8 ' 2 0 " E 1 2 0 . 0 3 ' 1ƒ : 2.03' OH W OH W OH W O H W O H W O H W OH W / // // // // // // // // // // // // // // // // / / / 756 WF ƒ FFE = 755.83' FFE = 756.42' FFE = 756.93'CO V E R E D WO O D PO R C H WOOD STEPS SCREENEDPORCH 0.498 AC PT OF BLOCK 4 THOMAS L. PAXSON & JANIS ANDERSON-PAXSON DOC. NO. 2018095092, OPR ANTENNA 15' BUILDING LINE 20 ' B U I L D I N G L I N E 6' BUILDING LINE 10 ' B U I L D I N G L I N E 25' STREET FACING GARAGEBUILDING LINE 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 8. 3 ' 6.2' 3.3 ' 5.5'2.4 ' 6.5' 32 . 2 ' 18.2' 8. 4 ' 46.2' 15 . 7 ' 45.7' 752 75 3 75 2 7 5 4 75 5 75 8 75 9 75 7 75 6 7 5 5 75 5 75 4 75 3 75 2 75 2 S 87° 46' 08" W 180.83' N 0 2 ° 0 1 ' 1 7 " W 1 1 9 . 9 4 ' N 87° 44' 29" E 180.93' S 0 1 ° 5 8 ' 2 0 " E 1 2 0 . 0 3 ' 1ƒ : 2.03' OH W OH W OH W O H W O H W O H W OH W / // // // // // // // // // // // // // // // // / / / 756 WF ƒ DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 03 / 0 8 / 2 0 1 9 DA T E E4117 DA T E EN G I N E E R I N G TL P 03 / 0 8 / 2 0 1 9 03 / 0 8 / 2 0 1 9 1 CS1.2 1 1 1 Page 10 of 47 Go g lc Mr1ps Georgetown, Texas p Google, Inc. Street View • Jun 2011 ...... 1305 S College St '· I I ,•I, I Page 11 of 47 Go gk. 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DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 A4.1b Page 15 of 47 G200 STUDIO G201 OFFICEG202 BATH DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 M4.1 Page 16 of 47 G200 STUDIO G201 OFFICEG202 BATH DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 E4.1b Page 17 of 47 G200 STUDIO G201 OFFICEG202 BATH DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 E4.2b Page 18 of 47 G200 STUDIO G201 OFFICEG202 BATH DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 P4.1b Page 19 of 47 1076 1077 1079 1080 O H W OH W OH W O H W O H W 756 DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 SU1.1 Page 20 of 47 DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 Page 21 of 47 DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 A4.3 2 A4.3 Page 22 of 47 DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 1 A4.4 2 A4.4 Page 23 of 47 DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 3 A4.2b 1 A4.2b 4 A4.2b 2 A4.2b Page 24 of 47 DE S C R I P T I O N NO . DA T E BY DR A W N CH E C K E D AP P R O V E D TL P TL P DA T E 10 / 2 1 / 2 0 1 9 DA T E E4121 DA T E EN G I N E E R I N G TL P 10 / 2 1 / 2 0 1 9 10 / 2 1 / 2 0 1 9 3 A4.2c 1 A4.2c 4 A4.2c 2 A4.2c Page 25 of 47 (936) 634-6671 3913 SOUTH CHESTNUT, LUFKIN, TEXAS 75901 FAX (936) 639-6697 TBPE FIRM REGISTRATION # F-2731 October 21, 2019 Ms. Britin Bostick Downtown & Historic Planner Planning Department City of Georgetown 406 W. 8th Street Georgetown, TX 78626 Subject: Application for Zoning Variance at Lane -G. W. Riley House 1302 South College Street, Georgetown TX - Letter of Intent Dear Ms. Bostick: Lane – W. G. Riley House 1302 College Street. Georgetown, Texas Reference is made to our previous submittals for the house and garage to the Texas Historic Commission and City of Georgetown HARC 219-16- COA and Permits 2019-52825 and 2019-52830 Page 26 of 47 Lane - G. W. Riley House 1302 South College Street, Georgetown TX – Application for Zoning Variance Letter of Intent (936) 634-6671 3913 SOUTH CHESTNUT, LUFKIN, TEXAS 75901 FAX (936) 639-6697 TBPE FIRM REGISTRATION # F-2731 The subject property is a “Recorded Texas Historic Landmark” described as follows: One-and a-half-story wood-frame dwelling with central-hall with early rear ell addition; exterior walls with board and batten; cross gable roof with wood-shingle covering; front elevation faces east; one exterior and one interior stone chimney, each with corbeled cap; wood-sash double-hung windows with 4/4 and 6/6 lights; single-door entrance with transom and sidelights; one-story one-bay porch with shed roof on east elevation; wood posts. Other noteworthy features include symmetrical three-bay facade; gabled extension with central doorway rises above center bay; exterior chimney with ashlar-cut stone construction extends from north gable end of original; interior stone chimney rises from rear ell; rear ell has gabled extensions--two on north side and one on south side; each gable with 4/4 light windows. Outbuildings include stone-lined cistern with pyramidal roof covering. Historical Marker Text Built 1872 by the Rev. S. J. Lane, chaplain, Southwestern University; founder, First Methodist church, Georgetown. Bought 1903 by the Rev. George W. Riley (1853-1925), a grandson of Llano County Indians' 1859 victim, the Rev. Jonas Dancer. G. W. Riley founded or served Methodist churches in Abilene, Beaumont, Douglassville, Mineral Wells, Tyler, and other towns for 48 years. He and wife, Beulah G. (Matthews) moved here to educate children; house remains in family. Recorded Texas Historic Landmark - 1972 New 600 Square Foot Garage @ Lane – W. G. Riley House 1302 College Street. Georgetown, Texas Looking Southwest Page 27 of 47 Lane - G. W. Riley House 1302 South College Street, Georgetown TX – Application for Zoning Variance Letter of Intent (936) 634-6671 3913 SOUTH CHESTNUT, LUFKIN, TEXAS 75901 FAX (936) 639-6697 TBPE FIRM REGISTRATION # F-2731 The intent of the project for this Zoning Variance is being requested is to finish out the space above the new garage constructed under permit 2019-52825 which was generated as part of the designs compliance with the intent of retaining the historic nature of the property. And as shown on the attached plans. The scope of work is: 1. Finish out the approximately 446 square feet of attic space above the new garage permitted under 2019-52825. 2. The finish out shall consist of installing sheet rock on existing structural walls and ceilings, adding approximately 50 feet of non-structural wall with sheet rock finish to create three closets and a bathroom within the attic space. 3. Build out a bathroom as shown on the plans. 4. Add a two-zone ductless split system heat pump. 5. Add exterior stairs. Before addressing the requirements of UDC Section 3.15 we feel compelled to make the following points: 1. This property contains one of the oldest and most historic houses in the City of Georgetown and contains five (5) Heritage Trees and seven (7) Protected Trees. 2. The primary considerations of the entire restoration of this property has been to place the historic house “front and center” and protecting the beautiful trees and “park-like” nature of the site. 3. When designing the 600 square foot garage as allowed by the UDC we located it where the curb cut identified a previous driveway and received approval from HARC to place it 30 feet from the curb instead of the property line to protect the existing Heritage Tree #1080. 4. In keeping with the primary considerations stated in number 2 above the garage was designed with dormers, windows and board and batten siding to match the architecture of the house. These design criteria dictated steep roofs and 10 foot tall walls which created a usable space above the garage. 5. The UDC allows for the construction of an accessory structure(s), in addition to a 600 square foot garage, with square footage of up to 25% of the square footage of the 2,692 square foot principal structure which would be 673 square feet. 6. We believe that such an additional structure would not comply with the primary considerations listed in item 2 above, and would seriously detract from the site. Consequently we are asking for this variance instead of constructing an accessory structure as allowed by the code. 7. We understand, and fully support, the adoption and application of a UDC as an essential tool in maintaining the nature and character of any community. However we also believe that codes and ordinances are adjusted in response attempts to circumvent the intent of the code which solve one problem and potentially create another problem. 8. Finally, we believe the purpose of zoning boards is to bring reason and logic to the process and allow variances when ordinance does not support historic preservation. Page 28 of 47 Lane - G. W. Riley House 1302 South College Street, Georgetown TX – Application for Zoning Variance Letter of Intent (936) 634-6671 3913 SOUTH CHESTNUT, LUFKIN, TEXAS 75901 FAX (936) 639-6697 TBPE FIRM REGISTRATION # F-2731 We believe that this variance meets the required findings listed in Sec.3.15.030 as follows: 1. Extraordinary Conditions – The historic designation of the house and the presence of the heritage and protected trees preclude the construction of accessory structures even though the UDC allows them. The requested variance eliminates the need for accessory structures. 2. No Substantial Detriment – The only visible impact of this project will be the outside heat pump unit which will be located on the non- street facing west wall and stairs on the non-street facing south side. 3. Other Property – To the best of our knowledge there are no other properties with homes of similar age, numbers of heritage and protected tree, or lots of similar size, without accessory buildings in the area. 4. Applicants Actions – We believe the conditions creating the need for this Zoning Variance existed long before we purchased the property and began the restoration. Our actions were in response to the dictates of the historic nature of the house and the lot. 5. Comprehensive Plan – We believe that this variance does not conflict with the Comprehensive plan. 6. Utilization – We feel that application of this code would not be in the interest of the city, the historic district and community as a whole and would encourage us and others to change the nature of historic properties. 7. Insufficient Findings – We do not feel that items listed in “a” through “d” apply. This variance is merely an attempt to utilize space generated by the dictates of the house architecture and the nature of the lot and historic district guidelines. Finally, we believe that this variance “just makes sense”. Our intent is and always has been to preserve the historic character of the house and create a usable two-story contemporary residence. SINCERELY, T. L. (Tom) Paxson PE, FNSPE President Enclosures: Site and finish-out drawings. Page 29 of 47 `` (936) 634-6671 3913 SOUTH CHESTNUT, LUFKIN, TEXAS 75901 FAX (936) 639-6697 TBPE FIRM REGISTRATION # F-2731 October 28, 2019 Ms. Britin Bostick Downtown & Historic Planner Planning Department City of Georgetown 406 W. 8th Street Georgetown, TX 78626 Subject: Supplemental Information for Application for Zoning Variance at Lane -G. W. Riley House 1302 South College Street, Georgetown TX - Letter of Intent – Dated October 21, 2019 Dear Ms. Bostick: Reference is made to our Letter of Intent described in the Subject Line above, and -your email correspond dated October 25, 2019. Our responses to your email request are: • Lot and block number of the property: • Zoning district of the property and the zoning overlay district: According to our interpretation of the maps and our lot size of 21,693 square feet the Zoning District is (RL) Residential Low Density Single Family and the zoning overlay district is Old Town Overlay & Downtown Overlay and Moderate Density Residential. Page 30 of 47 Supplemental Information for Application for Zoning Variance at Lane - G. W. Riley House 1302 South College Street, Georgetown TX – Application for Zoning Variance Letter of Intent – Dated October 21, 2019 (936) 634-6671 3913 SOUTH CHESTNUT, LUFKIN, TEXAS 75901 FAX (936) 639-6697 TBPE FIRM REGISTRATION # F-2731 • UDC section that we are requesting the variance for and its specific requirements, along with specific variance to the UDC we are requesting: It is our understanding, unless otherwise determined by your department, that we are requesting a variance to requirement Sec.6.05.010.E which limits the size of a detached two –car garage to 600 square feet by allowing the finish out of the unfinished attic above the garage which would add approximately 446 square feet of office-studio space to the structure in lieu constructing an accessory structure allowed under Sec. 6.05.010.C (673 square feet) or under Sec. 6.05.010.E (Rear yard = 8,347 square feet x 50% = 4,173.5 square feet – 600 square feet garage = 3,573.5 square feet or 8,347 square feet x 30% = 2,504.1 square feet). We further understand that this request meets the requirements of Sec. 6.05.010. Please let us know if our understanding or interpretation of the UDC is in error. We are just trying to retain the historic, park-like character of this property. Thank you for working with us on this portion of our project. SINCERELY, T. L. (Tom) Paxson PE, FNSPE President Page 31 of 47 Page 32 of 47 1302 S. College St. 2019-4-VAR Zoning Board of Adjustments December 17, 2019 Page 33 of 47 Item Under Consideration 2019-4-VAR •Public Hearing and possible action on a request for a 446-sq.ft. variance from the 600-sq.ft. maximum detached garage accessory structure size requirement of Unified Development Code Section 6.05 to allow a 446-sq.ft. attic finish-out of the garage structure, for a total of 1,046-sq.ft., on the property located at 1302 S College St, bearing the legal description of Hughes Addition, BLOCK 4n/pt, (0.498 acres) Page 34 of 47 Hammerlun Center for Leadership & Learning Page 35 of 47 Hammerlun Center for Leadership & Learning Page 36 of 47 Page 37 of 47 Page 38 of 47 Page 39 of 47 Zoning Variance The Zoning Board of Adjustment may authorize a Zoning Variance from the requirements of the zoning provisions of this Unified Development Code if the Variance from the terms of the zoning provisions is: •Not contrary to the public interest •Due to special conditions •A literal enforcement of the requirements would result in unnecessary hardship •The spirit of this Code is preserved •Substantial justice done Page 40 of 47 Approval Criteria 1. Extraordinary Conditions That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Zoning Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. Page 41 of 47 Approval Criteria 2. No Substantial Detriment That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. 3. Other Property That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity. Page 42 of 47 Approval Criteria 4. Applicant’s Actions That the conditions that create the need for the Zoning Variance are not the result of the applicant's own actions. 5. Comprehensive Plan That the granting of the Zoning Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. Page 43 of 47 Approval Criteria 6. Utilization That because of the conditions that create the need for the Zoning Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. 7. Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a Zoning Variance: •That the property cannot be used for its highest and best use. •That there is a financial or economic hardship. •That there is a self-created hardship by the property owner or their agent. •That the development objectives of the property owner are or will be frustrated. Page 44 of 47 Approval Criteria –UDC Section 3.15.030 Criteria for a Variance Complies Partially Complies Does Not Comply 1. Extraordinary Conditions X 2. No Substantial Detriment X 3. Other Property X 4. Applicant’s Actions X 5. Comprehensive Plan X 6. Utilization X 7. Insufficient Findings X Page 45 of 47 Public Notifications •23 property owners within the 300’ buffer •Notice in Sun News on December 1, 2019 •Signs posted on the property •To date, staff has received one (1) public comment in favor of the request Page 46 of 47 Summary •Public Hearing and possible action on a request for a 446-sq.ft. variance from the 600-sq.ft. maximum detached garage accessory structure size requirement of Unified Development Code Section 6.05 to allow a 446-sq.ft. attic finish-out of the garage structure, for a total of 1,046-sq.ft.,on the property located at 1302 S College St, bearing the legal description of Hughes Addition, BLOCK 4n/pt, (0.498 acres) •A supermajority vote is required to grant a Variance. •When making a motion, the Board must make a finding of the criteria. Page 47 of 47