HomeMy WebLinkAboutAgenda_ZBA_02.17.2015Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
February 17, 2015 at 5:00 PM
at Council Chambers, 101 E. 7th Street, Georgetown
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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 Consideration and possible action of the Minutes from the December 16, 2014, Zoning Board of
Adjustment meeting.
D Public Hearing and possible action on a Special Exception for Setback Modification to allow for
construction of a residential addition within the required rear setback of the Residential Single-
Family (RS) zoning district at Clamp’s Addition Revised, Block E (E/PT) 0.1744 acres, located at
711 East 8th Street. Matt Synatschk, Historic Planner
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 __________________, 2015, 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
February 17, 2015
SUBJECT:
Consideration and possible action of the Minutes from the December 16, 2014, Zoning Board of
Adjustment meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
ATTACHMENTS:
Description Type
December 16, 2014 Draft Minutes Cover Memo
Page 1 of 2
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, December 16, 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; Valerie Kreger, Principal Planner, Matt
Synatchk, Historic Planner, Jeff Cardwell, Residential Plans Examiner 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. Consideration and possible action on the Minutes of the regular Zoning Board of
Adjustment meeting on October 21, 2014.
Motion by Board member Voigt to approve the Minutes from the October 21, 2014 Zoning
Board of Adjustment meeting with correction. Second by Board member Thompson.
Approved. (4-0)
2. Consideration and possible action to consider 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 – Matt Synatschk, Historic
Planner
Staff briefly presented new information regarding 913 South Walnut to the Board and
requested the Zoning Board of Adjustment to re-review the application previously
presented during the October 21st Zoning board of Adjustment meeting.
Motion by David Thompson to consider 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.
Second by Board member Pitts. Approved. (4-0)
Page 2 of 2
4. 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-2014-003 Matt Synatschk, Historic Planner
Staff stated the 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 paired with today’s RS setbacks makes it difficult to connect a driveway from 9
½ Street to the accessory structure. The utility pole host GUS electric lines, Suddenlink
cable lines and Verizon telephone lines.
If the pole were to be relocated, it would be set at the rear of 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.
Jeff Cardwell, City of Georgetown residential plans examiner explained the concerns with
the electric lines.
Kendall Britt, the owner of the property, provided a history of the property and the barn
and stated they only wanted to move the rotting barn off the property.
There was a discussion between staff and the Zoning Board of Adjustment.
The Board reviewed over the criteria for the application.
Chair Davis opened the Public Hearing. No one came forward. The Public Hearing was
closed.
Chair Davis suggested a compromise of a three-foot setback for the new structure, which
would be an encroachment of 7 feet.
Discussion between staff and the Board regarding the encroachment of 7 feet.
Matt stated the 3 feet would address the maintenance question; it would meet fire code
especially if they used a Hardie Plank or similar composite material. The building codes
would all be in line with the 3 feet.
Motion by Board member Thompson to allow the property owner to encroach into the
setback 7 feet leaving a width of three feet from the building to the property line.
Motion amended
Motion by Board member Thompson to approve the special exception 2014-003 with the
limitation of the encroachment on to the setback of seven feet. Second by Board member
Moore. Approved. (4-0)
5. Adjourn.
_____________________________________ __________________________________
Ellen Davis, Chair Philip Voigt, Secretary
City of Georgetown, Texas
Zoning Board of Adjustment
February 17, 2015
SUBJECT:
Public Hearing and possible action on a Special Exception for Setback Modification to allow for
construction of a residential addition within the required rear setback of the Residential Single-Family
(RS) zoning district at Clamp’s Addition Revised, Block E (E/PT) 0.1744 acres, located at 711 East
8th Street. Matt Synatschk, Historic Planner
ITEM SUMMARY:
The property owner at 711 East 8th Street wishes to construct an addition to the north wall of the
existing residential structure within the required rear setback. The middle of the block includes a
previous dedication for a city street, which was never constructed. The applicant was informed that the
City had abandoned the Right of Way (ROW), but maintained a utility easement. The applicant moved
forward with the design work based upon the information provided by staff. In reviewing the
application, staff determined that the ROW had not been abandoned, and therefore the subject property
did not include any portion of the ROW/easement.
The applicant is proposing the elimination of the 10-foot rear setback, allowing the construction of the
proposed addition at the rear property line. Due to the right-of-way at the rear of the property, the
addition will be 40 feet from the rear property line of the neighboring residential property on the other
side of the right-of-way. The proposed addition will be set back 6 feet from the west side property line
and approximately 43 feet from the east side property line (Pine Street) in accordance with the
minimum required setbacks of the base RS zoning District.
A Special Exception for Setback Modification must be approved by the Zoning Board of Adjustment
in order for the construction of the proposed addition to be permitted. Per UDC Section 3.15.010, the
ZBA shall have the authority to hear and decide certain authorized Special Exceptions to the terms of
the Code.
Staff recommends approval of the Special Exception based upon the approval criteria outlined in the
UDC.
FINANCIAL IMPACT:
None. The applicant paid the required fees.
SUBMITTED BY:
Matt Synatschk, Historic Planner
ATTACHMENTS:
Description Type
SE-2015-002 Staff Report Exhibit
SE-2015-002 Exhibit 1 - Letter of Intent and Renderings Exhibit
SE-2015-002 Exhibit 2 - Location Map Exhibit
SE-2015-002 Exhibit 3 - Aerial Map Exhibit
SE-2015-002 Exhibit 4 - Aerial with City ROW Exhibit
SE-2015-002 Exhibit 5 - Public Comments Exhibit
Georgetown Planning and Development Department
Zoning Board of Adjustment Staff Report
SE-2015-002 711 East 8th Street Special Exception Page 1 of 5
Meeting Date: February 17, 2015
File No: SE-2015-002
Project Planner: Matt Synatschk, Historic Planner
Report Date: February 13, 2015
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 a residential addition within the required rear setback of the Residential Single-
Family (RS) zoning district at Clamp’s Addition Revised, Block E (E/PT) 0.1744 acres, located at
711 East 8th Street.
Item Details
Project Name: 711 East 8th Street Residential Addition
Project Address: 711 East 8th Street
Location: Northeast corner of east 8th Street and South Pine Streets
Legal Description: Clamp’s Addition Revised, Block E (E/PT) 0.1744 acres
Zoning: RS, Residential Single-Family
Future Land Use: Moderate Density Residential
Applicant/Owner: James Grove
The applicant is requesting approval of a Special Exception for a rear setback modification from
the Zoning Board of Adjustment (ZBA) to construct a two-story 1,740 square foot addition
(Exhibit 1) to the north wall of the structure. Construction of the proposed addition will encroach
into the required rear setback.
Background
The property owner at 711 East 8th Street wishes to construct an addition to the north wall of the
existing residential structure within the required rear setback. The middle of the block includes a
previous dedication for a city street, which was never constructed. The applicant was informed
that the City had abandoned the Right of Way (ROW), but maintained a utility easement. The
applicant moved forward with the design work based upon the information provided by staff. In
reviewing the application, staff determined that the ROW had not been abandoned, and
therefore the subject property did not include any portion of the ROW/easement.
The subject site is located within the Old Town Overlay District, surrounded by single-family
residences. It is bounded by Pine Street to the east and 8th Street to the south. The northern
Zoning Board of Adjustment Staff Report
SE-2015-002 711 East 8th Street Special Exception Page 2 of 5
edge of the property is adjacent to a 40-foot wide City right-of-way (ROW), originally laid out
for a residential street. 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 Pine Street, which will remain unchanged.
The current structure on the site is an approximately 1,200-square foot, single story historic
structure, which serves as the primary residence. The applicant proposes to construct a 1,740-
square foot addition within a footprint of 870 square feet, which includes a first floor 2-car garage
plus an 870 square foot second story living space. While the applicant’s letter of intent states that
a kitchen will be included, the applicant has since decided to remove the kitchen from the
project. Both stories are proposed to be built to the rear property line, but maintain the required
6-foot side setback from the adjacent property. The Residential Single-Family (RS) setbacks apply
to this project and are as follows:
20’ from the east (side) property line adjacent to Pine Street (due to the driveway access)
6’ from the west (side) property line (western adjacent property, located at 705 East 8th
Street)
10’ from the north (rear) property line (city right-of-way/easement)
Additionally, the zoning regulations for the Old Town Overlay District require upper story
construction to be set back 15 feet from the rear property line and 10 feet from the side property
line, creating a tiered structure, reducing the impact of the second story on adjacent properties.
However, the Historic and Architectural Review Committee has the ability to allow the applicant
to utilize the base zoning district standards of 10 and 6 feet, respectively.
The applicant is proposing the elimination of the 10-foot rear setback, allowing the construction
of the proposed addition at the rear property line. Due to the right-of-way at the rear of the
property, the addition will be 40 feet from the rear property line of the neighboring residential
property on the other side of the right-of-way. The proposed addition will be set back 6 feet from
the west side property line and approximately 43 feet from the east side property line (Pine
Street) in accordance with the minimum required setbacks of the base RS zoning District.
A Special Exception for Setback Modification must be approved by the Zoning Board of
Adjustment in order for the construction of the proposed addition to be permitted. Per UDC
Section 3.15.010, the ZBA shall have the authority to hear and decide certain authorized Special
Exceptions to the terms of the Code.
Zoning Board of Adjustment Staff Report
SE-2015-002 711 East 8th Street Special Exception Page 3 of 5
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.
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
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.
Zoning Board of Adjustment Staff Report
SE-2015-002 711 East 8th Street Special Exception Page 4 of 5
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 applicant proposes to construct a 1,740-square foot addition, which includes a first floor
garage and storage room, plus a second story living space. This is a new addition with no
previously established footprint to reference. The proposed square footage of the addition
exceeds 25% of the primary structure, but may be considered by the ZBA.
The applicant’s request for a setback modification would allow the applicant to construct a two-
story addition to the structure up to the north property line, providing additional living space
and an attached garage without adversely impacting the neighboring residential property to the
north. Setbacks are created to allow for separation between structures located on adjacent lots. In
this case, the presence of the 40’ ROW accomplishes the separation between the structures,
minimizing the impact of the proposed encroachment. At this time, the City does not plan to
abandon the ROW, and no development is allowed on City ROW, exclusive of utility
improvements as determined by the city. Georgetown Utility Systems currently uses the ROW
for above ground transmission lines.
Per UDC Section 4.09, multi-story additions in the Old Town Overlay require an additional
setback from certain property lot lines; in this case, the second story setback for the rear property
line adjacent to the right-of-way requires a minimum 15-foot setback. ZBA approval is required
to modify the required rear setback for both the first and second stories to allow for the
construction of the addition up to the north property line. HARC’s review authority overlaps
with the Zoning Board of Adjustment, with the review centering upon the scale, massing and
overall impact of the second story upon the surrounding neighborhood. The HARC case is
scheduled for the February 26, 2015 HARC meeting. HARC may approve a reduction in the
additional setbacks for the second story of the structure, allowing both stories to utilize the
underlying zoning district setbacks (10’ rear, 6’ side).
ZBA approval of the proposed setback modification would not create a maintenance issue, as the
north wall of the proposed addition is accessible through the city ROW. In addition, the
proposed addition would not negatively impact the placement of fences or other adjacent
structures. The structures surrounding the subject property exhibit a diverse range of sizes,
allowing the proposed addition to maintain the context and feel of the surrounding block. The
proposed addition will be set back from Pine Street, limiting the impact upon the street facing
Zoning Board of Adjustment Staff Report
SE-2015-002 711 East 8th Street Special Exception Page 5 of 5
façade and the contextual feel of the established building wall along Pine Street.
The proposed location is the best location for the addition, based upon the minimum footprint of
a two car garage, with a small amount of storage space. The Old Town Overlay District
regulations require that additions be made to the non-street facing facades and setback from the
primary structure to differentiate the original structure from the new addition. The proposed
location satisfies the Old Town regulations while allowing the property owner the flexibility to
construct the addition. The narrow width of the lot and the location of the existing structure on
the lot limit the ability to place the addition at other locations.
This project requires approval by the Zoning Board of Adjustment, the Historic and
Architectural Review Commission and the necessary building permits prior to construction.
Based upon the staff analysis 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 22 notices were sent out to property owners within 200 feet of the subject property and
within the same block. Public notice was posted in the Sun newspaper on February 1, 2015. As
of the day of this report, the City of Georgetown is in receipt of one public comment in support
of this application, from the property owner located at 710 East 8th Street.
Staff Recommendation
Staff recommends approval of the Special Exception for Setback Modification to allow the
construction of the addition within rear setback as presented.
Attachments
Exhibit 1 – Applicant’s Letter of Intent and Renderings
Exhibit 2 – Location Map
Exhibit 3 – Aerial Map
Exhibit 4 – Aerial Map with City ROW
Exhibit 5 – Public Comment Letters
Submitted By
Matt Synatschk, Historic Planner
SE-2015-002
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SE‐2015‐002 Exhibit #4
Subject Property
City Right of Way