HomeMy WebLinkAboutAgenda_ZBA_04.17.2018Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
April 17, 2018 at 5:00 PM
at Council Chambers, 101 East 7th Street, Georgetown, TX 78626
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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
Legislative Regular Agenda
B Consideration and possible approval of the minutes of the February 20, 2018 meeting. Karen Frost,
Recording Secretary
C Public Hearing and possible action on a request for a 4-foot variance from the 6-foot minimum side
setback requirement of Unified Development Code (UDC) Section 6.02.050 to allow a 2-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.
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
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City of Georgetown, Texas
Zoning Board of Adjustment
April 17, 2018
SUBJECT:
Consideration and possible approval of the minutes of the February 20, 2018 meeting. Karen Frost,
Recording Secretary
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Karen Frost, Recording Secretary
ATTACHMENTS:
Description Type
Minutes_ZBA_02.20.2018 Backup Material
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Zoning Board of Adjustment Minutes Page 1 of 2
February 20, 2018
City of Georgetown, Texas
Zoning Board of Adjustment
Tuesday, February 20, 2018 at 5:00 p.m.
Council and Courts Building located at 101 E. 7th Street Georgetown, TX 78626
Commissioners present: Josh Schroeder, Chair; Alex Fuller; John Marler; Kaylah McCord; and Kevin
Pitts.
Commissioner(s) Absent: Travis Perthuis and Aaron Albright
Staff Present: Sofia Nelson, Planning Director; Andreina Davila, Current Planning Manager; Madison
Thomas, Historic and Downtown 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 5:00 p.m. with the pledge of allegiance being led by
Fuller.
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. Consideration and possible approval of the minutes of the August 15, 2017 meeting. Karen Frost,
Recording Secretary
Motion by Marler, second by Fuller to approve the minutes. Approved 5 – 0.
D. 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
Thomas presented the staff report. 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
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Zoning Board of Adjustment Minutes Page 2 of 2
February 20, 2018
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.
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.
Marler asked if this is changing the nature of the building. No, it will meet the UDC zoning
standards. HARC will determine the porch location and modification and whether it meets the
character of the neighborhood.
Chair Schroeder opened the public hearing.
Elaine Sebold, 1810 Eubank, stated that the plats in that neighborhood are challenging because the
houses are not aligned with the lot lines. She thinks this modification to this house will be an
improvement to the neighborhood.
With no other speakers coming forth, Chair Schroeder closed the public hearing.
Motion by Fuller, second by Marler to approve the Special Exception with the findings that staff
outlined, and with the condition that HARC also approves the porch. Approved 5 – 0.
E. 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
Motion to adjourn by Marler, second by Fuller at 5:18 p.m.
____________________________________ ____________________________________
Josh Schroeder, Chair Attest, Secretary
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City of Georgetown Planning Department Staff Report
Case No. VAR-2018-001
1411 Hutto Rd - Variance Page 1 of 6
Report Date: April 13, 2018
Case No: VAR-2018-001
Project Planner: Nathan Jones, Planner
Item Details
Project Address: 1411 Hutto Rd
Legal Description: 0.433 acres out of Block 14, Outlot Division B
Zoning: Residential Single-Family (RS)
Future Land Use: Moderate Density Residential
Applicant: Mary Jo Doggett
Property Owner: Mary Jo Doggett
Item Description
Public Hearing and possible action on a request for a 4-foot variance from the 6-foot minimum
side setback requirement of Unified Development Code (UDC) Section 6.02.050 to allow a 2-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.
Location Map
Page 6 of 28
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-001
1411 Hutto Rd - Variance Page 2 of 6
Overview of Applicant’s Request
The applicant is requesting approval for a side setback Variance from the Zoning Board of
Adjustment (ZBA) to reduce the required 6-foot side setback per Unified Development Code
(UDC) Section 6.02.050 A – Lot & Dimensional Standards for Residential Single-Family District.
The applicant is seeking a reduction of the required 6-foot side setback to allow a 2-foot side
setback along the northern property line. The reduction of the setback would allow the applicant
to construct a carport in front of the garage that is currently within the required side setback.
Site Information
The subject property is located within a residential single-family neighborhood. Although it is
not within the Old Town Overlay district, many homes in the neighborhood (including the
subject property) were built before the establishment of zoning regulations and the adoption of
the Unified Development Code. As such, many primary and accessory structures throughout the
neighborhood have some type of non-conforming situation.
In the case of the subject property, both the existing residence and garage were built in 1955
While the primary residence is located outside of the required setbacks, the garage was built two
(2) feet from the north side property line. Since it was constructed before the approval of the
zoning regulations it is considered a legal non-conforming structure. Any expansion of the
garage within the setback would typically require the approval by the ZBA of a Special
Exception, or a variance to eliminate the non-conformity. However, the applicant is proposing to
construct a detached additional structure, a covered carport, immediately in front of the garage.
A Zoning Variance is therefore required to reduce the minimum required setback and allow the
construction of additional structures where proposed.
Surrounding Properties:
Location Zoning Districts Future Land Use Existing Use
North Residential Single-Family (RS) Moderate Density
Residential Single-Family Residences
South Residential Single-Family (RS) Moderate Density
Residential Single-Family Residences
East High-Density Multi-family (MF-2) Moderate Density
Residential Multi-Family Residence
West Residential Single-Family (RS) Moderate Density
Residential Single-Family Residences
Review Criteria/Staff Analysis
The Unified Development Code (UDC) identifies the RS district as being intended for areas of
medium density with a minimum lot size of 5,500 square feet. The RS district contains standards
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City of Georgetown Planning Department Staff Report
Case No. VAR-2018-001
1411 Hutto Rd - Variance Page 3 of 6
for development that maintain single-family neighborhood characteristics. The district may be
located within proximity of neighborhood-friendly commercial and public services and protected
from incompatible uses. All housing types in the RS district shall use the lot, dimensional and
design standards of the district.
These development standards include building setbacks. The minimum side setback per the RS
district is six (6) feet. The intent of this requirement is to prevent the clustering of residential
structures along the property line and allow at least twelve (12) feet of separation between
structures. The requirement also has the effect of producing conformity throughout a
neighborhood by situating the buildable area near the center of each lot.
The following are the pertinent sections of the UDC related to this request:
Section 6.02.050.A. Lot & Dimensional Standards for Residential Single-Family District,
minimum six (6) feet side setback.
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. The Unified Development Code,
in Section 03.15.030, establishes the following criteria for Variance Review:
Required Findings
The Zoning Board of Adjustment may authorize a 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 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 following:
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 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.
Findings Does Not Comply
In this case, there are no extraordinary or special conditions that affect the land such
that the property owner will be derived of a reasonable use of their land. The property
is currently zoned for residential single-family use. It is currently being used as a
single-family residence and is in good repair. The reduction of the side setback will not
impair the land’s use as a single-family residence. Denial of the reduced side setback
Page 8 of 28
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-001
1411 Hutto Rd - Variance Page 4 of 6
would result in an inconvenience on the part of the property owner who would not be
allowed to construct a carport in front of the garage, two (2) feet from the north side
property line.
2. No Substantial Detriment
That the granting of the 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.
Findings Complies
The requested variance will not be injurious or detrimental to the public health, safety
or welfare or improvements in the vicinity because it is located within similar and
other compatible land uses. The requested variance will not substantially injure the
appropriate use of the adjacent properties or alter the essential character of the district.
The subject property is located in a residential area with single-family residential uses
and several properties within this area have detached garages, carports and other
accessory structures near or within the side setback.
3. Other Property
That the conditions that create the need for the Variance do not generally apply to other
property in the vicinity.
Findings Does Not Comply
The requested variance is being sought due to the existing legal non-conforming
situation of the garage that is located within the minimum required setback. This
condition applies to other properties in the area as a number of the existing structures
within the neighborhood were constructed prior to the adoption of the current zoning
standards and thus are considered to be legal non-conforming structures. The two
properties that immediately neighbor the subject site are similarly conditioned. In
these cases, both properties contain structures that were built within the side setback
and are considered legal non-conforming structures. In addition, the minimum
required side setback is a provision that applies to all properties with a RS zoning
district in order to maintain separation between structures on abutting properties.
4. Applicant’s Actions
That the conditions that create the need for the Variance are not the result of the applicant’s
own actions.
Findings Does Not Comply
As previously mentioned, the requested variance is being sought due to the existing
legal non-conforming situation of the garage that is located within the minimum
required setback. While the applicant did not build the existing garage structure
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City of Georgetown Planning Department Staff Report
Case No. VAR-2018-001
1411 Hutto Rd - Variance Page 5 of 6
within the side setback, any additional structures, including the proposed carport,
would be the result of the applicant’s own actions. The applicant has the option of
placing the carport elsewhere on the property in compliance with the minimum
setback standards of the zoning district.
5. Comprehensive Plan
That the granting of the Variance would not substantially conflict with the Comprehensive
Plan and the purposes of this Code.
Findings Does Not Comply
The granting of the Variance would conflict with the goals of the Comprehensive Plan.
While setback requirements are not directly referenced in the Comprehensive Plan
and there is no specific guidance in the Comprehensive Plan related to these specific
type of zoning regulations, there are specific goals listed in the Comprehensive Plan
that call for the UDC to ensure development that is compatible in character with the
surrounding context. In this case, the reduction of the side setback for one single-
family residences would not be compatible with the other single-family residences in
the area that are still subject to the full regulation.
6. Utilization
That because of the conditions that create the need for the Variance, the application of this Code
to the particular piece of property would effectively prohibit or unreasonably restrict the
utilization of the property.
Findings Does Not Comply
The condition that creates the need for the variance does not prohibit or unreasonably
restrict the utilization of the property. The property is currently being utilized as a
single-family residence and it will continue to be so regardless of the whether the
reduction of the side setback is granted.
7. Insufficient Findings
The following types of possible findings do not constitute sufficient grounds for granting a
Variance:
a) That the property cannot be used for its highest and best use.
The highest and best use of the property is single-family residential. The Variance
would not restrict the use of the property for its highest and best use.
b) That there is a financial or economic hardship.
There is no economic hardship for the applicant being able to comply with the
minimum side setback requirements.
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City of Georgetown Planning Department Staff Report
Case No. VAR-2018-001
1411 Hutto Rd - Variance Page 6 of 6
c) That there is a self-created hardship by the property owner or their agent.
There is a self-created hardship by the property owner. While inconvenient and
unattractive, the carport may be situated elsewhere on the property such that the
requirements of the UDC are met.
d) That the development objectives of the property owner are or will be frustrated.
The development objectives of the property owner will be frustrated if the
variance request is not granted. The property owner will not be allowed to
construct a carport in front of the garage. In addition, the owner would need to
either find another location for the carport on the property such that all UDC
requirements are met or not construct the carport at all.
Based on the findings listed above, Staff finds that the Variance request satisfies only one (1) of
the six (6) referenced criteria above.
Per the UDC, 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 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 Zoning Variance shall be granted unless the ZBA finds all six (6) of
the preceding criteria apply.
Public Comments
As required by the Unified Development Code, all property owners within a 200 foot radius of
the subject property that are located within City limits were notified of the rezoning application
(55 notices mailed), a legal notice advertising the public hearing was placed in the Sun
Newspaper on February 4, 2018 and April 1, 2018 and signs were posted on-site. The request was
originally advertised as a 2-foot reduction to the side setback (rather than a 4-foot reduction) but
it was postponed at the request of the applicant. To date, staff has received two phone calls and
one email from surrounding property owners. Staff received three (3) written responses against
the request (Attachment 4). These opposition responses were received during the original
advertisement period.
Attachment(s)
Attachment 1 – Location Map
Attachment 2 – Conceptual Plan
Attachment 3 – Applicant’s Letter of Intent
Attachment 4 – Public Comments
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A N N I E P U R L D V
VAR-2018-001Exhibit #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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April 10, 2018
Nathan Jones-Meyer
City of Georgetown Texas
Dear Nathan,
1411 Hutto Georgetown, Texas 78626
My intention is to build a carport directly in front of my garage
at 1411 Hutto.
This will require a four-foot variance. The current code is for a
six-foot set-back from the property line. My garage, built in
1950, is set back two foot. The requested variance will allow
the necessary use of my property and will not affect my
neighbors.
At this time my car does not fit in the garage which was built
in 1950. My car is frequently covered with a large quantity of
bird & pecan droppings. This mess reduces my driving
visibility which can be a road hazard. This situation makes it
necessary to wash my car daily which is not a prudent use of
water.
The proposed carport will relieve me of this unique,
unnecessary hardship, and burden created by literal
enforcement of codes.
Sincerely,
Mary Jo Doggett
281-658-9007
pmjdogg@gmail.com
1411 Hutto Rd
Georgetown, Texas
78626
MARY JO DOGGETT
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1411 Hutto Road, Georgetown, Texas 78626
My car windshield parked in the driveway.
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