HomeMy WebLinkAboutAgenda_ZBA_02.20.2018Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
February 20, 2018 at 5:00 PM
at Council Chambers, 101 East 7th 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 113 East 8th
Street for additional information; TTY users route through Relay Texas at 711.
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551.)
A
Call to Order
Pledge of Allegiance
Comments from the Chair
- Welcome and Meeting Procedures
Action from Executive Session
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/.
B As of the deadline, no persons were signed up to speak on items other than what was posted on the
agenda.
Legislative Regular Agenda
C Consideration and possible approval of the minutes of the August 15, 2017 meeting. Karen Frost,
Recording Secretary
D Public Hearing and possible action on a Special Exception per Unified Development Code (UDC) Section
Page 1 of 15
14.04.080, Expansion of a Nonconforming Structure, to allow the existing structure to expand by
approximately 66% for a total gross floor area of 2,423 square feet on the property located at 1812
Eubank St bearing the legal description of Lot 6, Block 4, Eubank Addition (SE-2017-002). Madison
Thomas, AICP, Downtown and Historic Planner
E POSTPONED. Public Hearing and possible action on a request for a 2-foot variance from the 6-foot
minimum side setback requirement of Unified Development Code (UDC) Section 6.02.050 to allow a 4-
foot side setback on the property located at 1411 Hutto Road bearing the legal description of 0.433 acres
out of Block 14, Outlot Division B (VAR-2018-001). Nathan Jones, Planner.
This item has been postponed by request of the applicant and will not be considered on this agenda.
Adjournment
CERTIFICATE OF POSTING
I, Shelley Nowling, 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 __________________, 2018, at __________, and remained so posted for at least 72
continuous hours preceding the scheduled time of said meeting.
____________________________________
Shelley Nowling, City Secretary
Page 2 of 15
City of Georgetown, Texas
Zoning Board of Adjustment
February 20, 2018
SUBJECT:
Consideration and possible approval of the minutes of the August 15, 2017 meeting. Karen Frost,
Recording Secretary
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Karen Frost, Recording Secretary
ATTACHMENTS:
Description Type
Minutes_ZBA_08.15.2017 Backup Material
Page 3 of 15
Zoning Board of Adjustment Minutes Page 1 of 2
August 15, 2017
City of Georgetown, Texas
Zoning Board of Adjustment
Tuesday, August 15, 2017 at 5:00 p.m.
Historic Light and Waterworks Building
406 W 8th Street, Georgetown, Texas 78626
Commissioners present: Josh Schroeder, Chair; Aaron Albright, Alex Fuller, Kaylah McCord, and Kevin
Pitts.
Commissioner(s) Absent: John Marler, Travis Perthuis
Staff Present: Chris Yanez, Assistant Planning Director; Andreina Davila, Current Planning Manager;
Juan Enriquez, Planner; and Karen Frost, Recording Secretary.
A. Public Wishing to Address the Board
• As of the deadline for this agenda, 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
Chair Schroeder called the meeting to order at 5:15 p.m. to allow time for people to travel from the
regular meeting place if necessary.
Chair Schroeder stated the order of the meeting and that those who speak must turn in a speaker
form to the recording secretary before the item that they wish to address begins. Each speaker is
permitted to address the Commission once for each item, for a maximum of three (3) minutes,
unless otherwise agreed to before the meeting begins.
C. Public Hearing and possible action on a Variance to exceed the maximum number of twenty-four
(24) apartment units per structure as defined in Unified Development Code (UDC) Section
6.02.090, High Density Multifamily District (MF-2) Lot and Dimensional Standards, for
approximately 10 acres in the J. Robertson Survey located at 2211 Westinghouse Road. Juan
Enriquez, Planner and Sofia Nelson, CNUA, Planning Director
Enriquez presented the staff report and findings. Request to exceed the maximum number of
apartment units per structure. UDC Section 6.02.090, in the MF-2 Zoning District, limits apartments
to 24 units per building. The intent is to break up the massing of the building façade. 1The
developer is proposing 87 proposed MF units, with seven buildings ranging from 24-36 units per
building, arranged in a courtyard setting. Each building will appear as a separate building but they
will be connected via a breezeway with a cover and a balcony type area. The UDC allows up to a
maximum 45 feet in height or 4 stories in MF-2. The buildings will be 3 stories.
Enriquez listed the variance criteria that was met with this application: there are extraordinary
conditions with the shape of the land; there is no substantial detriment to the public health, safety
Page 4 of 15
Zoning Board of Adjustment Minutes Page 2 of 2
August 15, 2017
and welfare; this variance would not affect other property within the area; the need for the variance
is not a result of the applicant’s own actions; the granting of the variance would not5 substantially
conflict with the Comprehensive Plan or the UDC; and that because of the conditions that create the
need for the variance, the application of the Code to this particular piece of property would
effectively prohibit or unreasonably restrict the utilization of the property to its highest and best
use.
Daniel Hart, representative for the owner, explained that this development would be for residents
over 55 years of age, with the average age of 70 years old. This same project type has been built in
many other cities. This will promote an active lifestyle with a pool, coffee and wine bar, exercise
center and a clubhouse for amenities.
Board members reviewed the application. They discussed the need for “call-buttons” for safety.
They also discussed the breezeways and that the design is seven buildings that are structurally
connected which meets the intent of the code to provide articulation. Hart explained that the plan
that was being reviewed was a concept plan and that the variance would be applied to this concept
plan. Davila explained that conditions could be applied to the variance if the board chose to apply
them.
Chair Schroeder opened the public hearing, and with no speakers coming forth, closed the public
hearing.
Motion by Pitts to approve the variance with the findings of fact as presented by staff. Second
by Fuller. Approved 5 – 0.
Adjournment
Motion to adjourn by Pitts, second by Fuller at 5:35 p.m.
____________________________________ ____________________________________
Josh Schroeder, Chair Attest, Secretary
Page 5 of 15
City of Georgetown, Texas
Zoning Board of Adjustment
February 20, 2018
SUBJECT:
Public Hearing and possible action on a Special Exception per Unified Development Code (UDC) Section
14.04.080, Expansion of a Nonconforming Structure, to allow the existing structure to expand by
approximately 66% for a total gross floor area of 2,423 square feet on the property located at 1812 Eubank
St bearing the legal description of Lot 6, Block 4, Eubank Addition (SE-2017-002). Madison Thomas,
AICP, Downtown and Historic Planner
ITEM SUMMARY:
The applicant is requesting a Special Exception per Unified Development Code (UDC) Section 14.04.080,
Expansion of a Nonconforming Structure, to allow the existing structure to expand by approximately 66%
for a total gross floor area of 2,423 square feet on the property located at 1812 Eubank St.
The current home, built in 1947, was constructed approximately seven inches from the property line.
Current development standards in the RS district require new structures to meet a six foot setback from the
property line. Due to the existing structure’s nonconforming status, the Unified Development Code requires
the applicant to seek approval form the Zoning Board of Adjustment to expand the structure more than
50% of its original size. The main structure was listed as 1,340 square feet in Williamson County Appraisal
District, but after further information and review, staff has determined that the main structure is
approximately 1,456 square feet. The meeting was posted as an expansion of 81% however, ZBA will be
evaluating an increase of 66%, or, a total gross floor area is 2,423 square feet.
A Special Exception should only be approved if it is not contrary to the public interest, the spirit of the
Code is preserved, and substantial justice done.
Sec. 3.15.040. - Criteria for Special Exception Review.
If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the
requirements of the certain provisions of this Unified Development Code, if the Special Exception is not
contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No
Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are
met. The only Special Exceptions that may be granted by the Board are for the following:
-Time extension for an abandoned nonconforming use, pursuant to Subsection
14.01.060.B.7.
-Expansion of nonconforming use, pursuant to Section 14.02.050.
-Right to continue nonconforming use after destruction or damage, pursuant to Subsection
14.02.060.A.
-Abandonment of a nonconforming structure determination, pursuant to Section 14.04.050.
-Expansion of a nonconforming structure, pursuant to Subsections 14.04.080.B. and C.
-Abandonment of a nonconforming site, pursuant to Section 14.05.050.
-A setback exception, pursuant to Subsection 14.05.050.D.
- Expansion of a nonconforming site, pursuant to Subsections 14.05.080.B. and C.
Public Comments
Per the Unified Development Code, all property owners within a 200 foot radius of the property were
notified of the application (25 letters), a legal notice advertising the public hearing was placed in the
Page 6 of 15
Williamson County Sun Newspaper on February 4th, and one sign was posted on-site. As of the date of
this report, staff has received two written responses in support.
Findings
Staff finds that the application is complete, granting the request upholds the spirit of the UDC, provides for
substantial justice to be done, and is not contrary to the public interest.
FINANCIAL IMPACT:
None. The applicant has paid the required application fees.
SUBMITTED BY:
Madison Thomas, AICP
ATTACHMENTS:
Description Type
Staff Report Backup Material
Exhibit 1 - Location Map Exhibit
Exhibit 2 - Letter of Intent Exhibit
Exhibit 3 - Public Comment Exhibit
Page 7 of 15
Georgetown Planning Department
Zoning Board of Adjustment Staff Report
1812 Eubank Street Page 1 of 4
Meeting Date: February 20, 2018
File No: SE-2017-002
Project Planner: Madison Thomas, AICP, Downtown Historic Planner
Report Date: January 1, 2018
Relevant UDC Section: 14.04.080, Expansion of a Nonconforming Structure
Staff Recommendation: Approval
Item Details
Project Address: 1812 Eubank Street
Total Acreage: 0.240 acres
Legal Description: Block 4, Lot 6 Eubank Addition
Current Zoning: RS Residential Single-Family, Old Town Overlay
Applicant’s Request
The applicant is requesting a Special Exception per Unified Development Code (UDC) Section
14.04.080, Expansion of a Nonconforming Structure, to allow the existing structure to expand
by approximately 66% for a total gross floor area of 2,423 square feet on the property located
at 1812 Eubank St.
The current home, built in 1947, was constructed approximately seven inches from the
property line. Current development standards in the RS district require new structures to meet
a six foot setback from the property line. Due to the existing structure’s nonconforming status,
the Unified Development Code requires the applicant to seek approval form the Zoning Board
of Adjustment to expand the structure more than 50% of its original size. The main structure
was listed as 1,340 square feet in Williamson County Appraisal District, but after further
information and review, staff has determined that the main structure is approximately 1,456
square feet. The meeting was posted as an expansion of 81% however, ZBA will be evaluating
an increase of 66%, or, a total gross floor area is 2,423 square feet.
Property Information and History
The subject site is located on the west side of Eubank Street, between E. 17 ½ Street and E. 18th
St. The property has approximately 63 feet of frontage on Eubank Street with an overall depth
of approximately 170 feet. The property is developed as a residential single-family house which
was built in 1947.
Page 8 of 15
Zoning Board of Adjustment Staff Report
1812 Eubank Street Page 2 of 4
Surrounding Properties:
Location Zoning Future Land Use Existing Use
North RS Moderate Density Residential Single-Family Residential
South RS Moderate Density Residential Single-Family Residential
East RS Moderate Density Residential Single-Family Residential
West RS Moderate Density Residential Single-Family Residential
Staff Analysis and Review Criteria
Section 14.04.010 of the UDC defines a nonconforming structure as:
A Nonconforming Structure is one that does not meet the setbacks, height limitations, material
requirements, or articulation as required by this Code. Those Nonconforming Structures
lawfully constructed and existing on the effective date or applicability of this Code or any
amendment thereto shall be considered Legal Nonconforming Structures. For the purposes of this
section, the term structure means anything constructed or erected on the ground or which is
attached to something located on the ground, except signs, and includes, but is not limited to,
Page 9 of 15
Zoning Board of Adjustment Staff Report
1812 Eubank Street Page 3 of 4
buildings, telecommunications towers, utility improvements and sheds. These provisions shall
be applicable to all structures regardless of whether they are deemed principal or accessory.
This structure sits approximately 7 inches from the property line to the north. Current side
setbacks require a structure to be placed a minimum of 6 feet from the property line, making
the nonconformance 65”.
The proposed expansion will be at the rear of the structure, expanding the building footprint
west and south. The portion of the building that is currently not meeting the 6 foot side setback
will remain the same and will not be altered.
Section 14.04.080 E states:
All expansion or enlargement of structures under this subsection shall be in compliance with all
applicable regulations of the zoning district in which such structure is located. In no event may
the expansion or enlargement result in the increase of any existing nonconformity or the creation
of any new nonconformity.
The proposed expansion of the structure meets the UDC requirement above, and will not
increase or create any new non conformity.
Section 14.04.080 B states:
A Legal Nonconforming Structure may be expanded or enlarged in excess of 50 percent (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.
A Special Exception should only be approved if it is not contrary to the public interest, the
spirit of the Code is preserved, and substantial justice done.
Sec. 3.15.040. - Criteria for Special Exception Review.
If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the
requirements of the certain provisions of this Unified Development Code, if the Special Exception is not
contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No
Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are
met. The only Special Exceptions that may be granted by the Board are for the following:
Time extension for an abandoned nonconforming use, pursuant to Subsection
14.01.060.B.7.
Expansion of nonconforming use, pursuant to Section 14.02.050.
Right to continue nonconforming use after destruction or damage, pursuant to Subsection
14.02.060.A.
Page 10 of 15
Zoning Board of Adjustment Staff Report
1812 Eubank Street Page 4 of 4
Abandonment of a nonconforming structure determination, pursuant to Section 14.04.050.
Expansion of a nonconforming structure, pursuant to Subsections 14.04.080.B. and C.
Abandonment of a nonconforming site, pursuant to Section 14.05.050.
A setback exception, pursuant to Subsection 14.05.050.D.
Expansion of a nonconforming site, pursuant to Subsections 14.05.080.B. and C.
Staff Recommendation
Staff recommends Approval of the Special Exception request as staff finds that the application
is complete, granting the request upholds the spirit of the UDC, provides for substantial justice
to be done, and is not contrary to the public interest.
Public Comments
Per the Unified Development Code, all property owners within a 200 foot radius of the
property were notified of the application (25 letters), a legal notice advertising the public
hearing was placed in the Williamson County Sun Newspaper on February 4th, and one sign
was posted on-site. As of the date of this report, staff has received two written responses in
support.
Attachments
Attachment 1 – Location Map
Attachment 2 – Applicant’s Letter of Intent
Attachment 3 – Public Comment
Page 11 of 15
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SE-2017-002Exhibit #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
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