HomeMy WebLinkAboutAgenda_ZBA_04.05.2016Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
April 5, 2016 at 5:00 PM
at Council Chambers, 101 East 7th Street, Georgetown
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 at least
four (4) 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.
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
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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 to elect a Vice-chair for 2016-2017 Zoning Board of Adjustment.
D Consideration and possible action to elect a Secretary for 2016-2017 Zoning Board of Adjustment.
E Consideration and possible action of the Minutes from the October 20, 2015, Zoning Board of
Adjustment meeting.
F Public Hearing and possible action on a Variance, to Section 7.03.020 (Non-Residential Lot and
Dimension Standards) of the Unified Development Code (UDC), to allow parking in the 25-foot front yard
setback, and to reduce the required number of off-street parking spaces, on a 0.132-acre undeveloped
Page 1 of 20
commercial lot located at 1206 Hart Street. VAR-2016-001, Carolyn Horner, AICP
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 __________________, 2016, 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 20
City of Georgetown, Texas
Zoning Board of Adjustment
April 5, 2016
SUBJECT:
Consideration and possible action to elect a Vice-chair for 2016-2017 Zoning Board of Adjustment.
ITEM SUMMARY:
Consideration and possible action to elect a Vice-chair for 2016-2017 Zoning Board of Adjustment.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Tammy Glanville, Recording Secretary
Page 3 of 20
City of Georgetown, Texas
Zoning Board of Adjustment
April 5, 2016
SUBJECT:
Consideration and possible action to elect a Secretary for 2016-2017 Zoning Board of Adjustment.
ITEM SUMMARY:
Consideration and possible action to elect a Secretary for 2016-2017 Zoning Board of Adjustment.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Tammy Glanville, Recording Secretary
Page 4 of 20
City of Georgetown, Texas
Zoning Board of Adjustment
April 5, 2016
SUBJECT:
Consideration and possible action of the Minutes from the October 20, 2015, Zoning Board of Adjustment
meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Tammy Glanville, Recording Secretary
ATTACHMENTS:
Description Type
Draft ZBA Minutes_October 20, 2015 Cover Memo
Page 5 of 20
Page 1 of 2
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, October 20, 2015 at 5:00 PM
Council Chambers
101 E. 7thStreet, Georgetown, Texas 78626
Board members: Josh Schroeder, Chair; Will Moore, David Thompson, and Kevin Pitts, 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:
Staff Present: Juan Enriquez, Planner, Sofia Nelson, Planning Director and Stephanie
McNickle, Recording Secretary.
Chair Schroeder called the meeting to order at 5:00 p.m.
Regular Session - To begin no earlier than 5:00 p.m.
A. Call to Order – 5:02 p.m.
B. Action from Executive Session – There was not an Executive Session.
C As of the deadline, no persons were signed up to speak on items other than what was
posted on the agenda.
D Consideration and possible action of the Minutes from the February 17, 2015, May 19, 2015
and June 16, 2015 Zoning Board of Adjustment meeting. Motion by Board member David
Thompson to approve the minutes from the February 17, 2015, May 19, 2015 and June 16,
2015 Zoning Board of Adjustment meeting. Second by Board member
E Public Hearing and possible action on a Variance request to Section 6.03.050.A
(Residential Single-Family District - Lot and Dimensional Standards) of the Unified
Development Code (UDC), to allow a proposed single-family residence to provide a four
foot, one inch (4’-1”) side yard setback instead of the required minimum six (6) foot side
yard setback on a 4,680 square foot undeveloped residential lot located within the Coffee
Addition, Tract 1, Block 15, at 2106 San Jose Street. (VAR-2015-007) Juan Enriquez, Planner
Juan Enriquez provided an overview of the Variance request, description of project and
recommend for approval.
Discussion between staff and Board regarding setback.
Page 6 of 20
Page 2 of 2
Motion by Board member David Thompson to approve Variance request to Section
6.03.050.A (Residential Single-Family District - Lot and Dimensional Standards) of the
Unified Development Code (UDC), to allow a proposed single-family residence to provide
a four foot, one inch (4’-1”) side yard setback instead of the required minimum six (6) foot
side yard setback on a 4,680 square foot undeveloped residential lot located within the
Coffee Addition, Tract 1, Block 15, at 2106 San Jose Street. Second by Board member
David Thompson. Approved. (5-0)
5. Adjourned at 5:20pm
_____________________________________ __________________________________
Josh Schroeder, Chair Secretary
Page 7 of 20
City of Georgetown, Texas
Zoning Board of Adjustment
April 5, 2016
SUBJECT:
Public Hearing and possible action on a Variance, to Section 7.03.020 (Non-Residential Lot and
Dimension Standards) of the Unified Development Code (UDC), to allow parking in the 25-foot front yard
setback, and to reduce the required number of off-street parking spaces, on a 0.132-acre undeveloped
commercial lot located at 1206 Hart Street. VAR-2016-001, Carolyn Horner, AICP
ITEM SUMMARY:
Background:
The applicant is requesting a variance to allow parking for an office use within the front setback of the lot.
The lot is zoned for commercial use, which requires a 25-foot front yard setback, and the applicant wishes
to construct a small office building on the lot which will require on-site parking. The owner would like to
save the 25-inch Pecan tree located directly in the center of the lot and provide the space to allow this tree
to become a Heritage Tree. In order to accommodate the owner’s request, the applicant is proposing to
locate the office building to the rear of the subject property, and shift the parking to the front.
Public Comment:
All property owners within a 200 foot radius of the project site were notified of the application, a legal
notice advertising the public hearing was placed in the Sun Newspaper and a sign was posted on-site. As
of the date of this report, Planning Department staff has received one public comment in support of this
application.
Staff Recommendation:
Staff recommends Approval of the request to allow parking in the 25-foot front yard setback, and to
reduce the required number of off-street parking spaces, with the following conditions:
1) Screening on front and side lot lines in front setback.
2) Opaque wall or landscape screening from adjacent properties.
3) Protection of pecan tree critical root zone.
FINANCIAL IMPACT:
Applicant has paid the fees.
SUBMITTED BY:
Carolyn Horner, AICP, and Sofia Nelson, CNU-A, Director
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Location Backup Material
Letter of Request Backup Material
Conceptual Site Plan Backup Material
Public Comment Backup Material
Page 8 of 20
Georgetown Planning Department
Zoning Board of Adjustment Staff Report
1206 Hart Street Special Exception
Parking, Front yard setback Page 1 of 7
Meeting Date: April 5, 2016
File No: VAR‐2016‐001
Project Planner: Carolyn Horner, AICP, Planner
Report Date: February 1, 2016
Relevant UDC Section: 7.03.020 (Non‐Residential Lot and Dimension Standards)
Staff Recommendation: Approval
Item Description
Public Hearing and possible action on a Variance, to Section 7.03.020 (Non‐Residential Lot
and Dimension Standards) of the Unified Development Code (UDC), to allow parking in the
25‐foot front yard setback, and to reduce the required number of off‐street parking spaces, on
a 0.132‐acre undeveloped commercial lot located at 1206 Hart Street. (VAR‐2016‐001)
Item Details
Project Name: Prince Development Office
Project Address: 1206 Hart Street
Legal Description: Outlot Division A, Block 30 (PT)
Zoning: C‐3 (General Commercial)
Future Land Use: Moderate Density Residential
Applicant: David Platt, P.E.
Property Owner: Prince Development, LLC
Contact: David Platt, P.E.
Applicant Request
The applicant is requesting a variance to allow parking for an office use within the front
setback of the lot. The lot is zoned for commercial use, which requires a 25‐foot front yard
setback, and the applicant wishes to construct a small office building on the lot which will
require on‐site parking. The owner would like to save the 25‐inch Pecan tree located directly
in the center of the lot and provide the space to allow this tree to become a Heritage Tree. In
order to accommodate the owner’s request, the applicant is proposing to locate the office
building to the rear of the subject property, and shift the parking to the front.
Background
The original outlot divisions, including the lot in question, were intended for residential uses,
but the entire block is now zoned for commercial uses. 1206 Hart Street was zoned from RM‐
1 Residential Multi‐family District to C2‐A Commercial First Height District in 1988, per
Page 9 of 20
Zoning Board of Adjustment Staff Report
1206 Hart Street Variance
Parking, Front yard setback Page 2 of 7
ordinance 880250. The lots to the south of the subject property were originally developed for
residential uses, so the configuration of this last lot more closely matches the original
residential zoning on the property. However, all of the lots to the south are zoned Office (OF)
and could be turned into non‐residential uses at any time. The lot to north is a self‐service car
wash, which was zoned C2‐A Commercial First Height District in 1974. The car wash
encroaches into the Hart Street front setback next door to the subject property.
1206 Hart Street is currently zoned General Commercial (C‐3). In UDC Table 7.03.020, Non‐
Residential Lot and Dimensional Standards, establishes that the front/street setback within the
C‐3 district shall be a minimum of 25 feet. UDC Section 7.03.030.C.4.a lists certain features that
area allowed within required setbacks, but allows parking to only encroach into a side or rear
setback under certain conditions.
In addition, UDC Table 9.02.030.A requires off‐street parking per gross floor area for
professional offices. The proposed building is 1,794 square feet of gross floor area, which
requires 4 spaces.
Page 10 of 20
Zoning Board of Adjustment Staff Report
1206 Hart Street Variance
Parking, Front yard setback Page 3 of 7
Site Analysis:
The overall lot is 5,742 square feet. Once the restrictions on setbacks, tree preservation, drive aisle
size requirement, and critical root zone limitations are taken into account, the developable area
remainder of the site is approximately 1,370 square feet, or 0.03 acre, which is 24% of the overall
site. By granting the request to allow parking to encroach into the front setback, the applicant
can save the 25‐inch Pecan tree.
Since the applicant desires to preserve the significant Pecan tree, UDC requirements of
parking and building within the setback cannot be accommodated.
Approximate location of Critical Root Zone of
25-inch Pecan that applicant wishes to keep
Approximate UDC setbacks shown in red
Approximate lot lines in blue
Page 11 of 20
Zoning Board of Adjustment Staff Report
1206 Hart Street Variance
Parking, Front yard setback Page 4 of 7
Review Criteria
Per UDC Section 3.15.010, the Zoning Board of Adjustment (Board) may grant a Variance 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 the
Code is preserved, and substantial justice is done.
The criteria for review of a Variance in the UDC requires that the following findings be made:
Required Findings:
1. Extraordinary Conditions – that there are special conditions affecting the land involved
such that strict application of the provisions of the UDC will deprive the applicant of the
reasonable use of the land.
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 the Code.
3. Other Property – that the conditions that create the need for the Variance do not generally
apply to other property in the vicinity.
4. Applicant’s Actions – that the conditions that create the need for the Variance are not self‐
imposed.
5. Comprehensive Plan – that the granting of the Variance would not substantially conflict
with the Comprehensive Plan and the purposes of the Code.
Page 12 of 20
Zoning Board of Adjustment Staff Report
1206 Hart Street Variance
Parking, Front yard setback Page 5 of 7
6. Utilization – that because of the conditions that create the need for the Variance, the
application of this Code to the paritcular piece of property would effectively prohibit or
unreasonably restrict the utilization of the property.
Insufficient Findings:
1. The property cannot be used for its highest and best use.
2. That there is a financial or economic hardship.
3. That there is a self‐created hardship by the property owner or their agent.
4. That the development objectives of the property owner are or will be frustrated.
Limitations – A variance may not be granted when the effect of which would be:
1. To allow the establishment of a use not otherwise permitted in the applicable Zoning
District.
2. To increase the density of a use above that permitted by the applicable District.
3. To extend physically a nonconforming use of land.
4. To change the Zoning District boundaries shown on the Official Zoning Map.
Staff Analysis
A. 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.
The subject property and the surrounding properties are older and may have
difficulties complying with some of the current UDC development standards. In
this case, the large Pecan tree in the middle of the property, along with current
setbacks created for a General Commercial lot, may not be reasonable for a 5,742
square feet lot with commercial zoning setbacks and a near‐heritage tree.
Page 13 of 20
Zoning Board of Adjustment Staff Report
1206 Hart Street Variance
Parking, Front yard setback Page 6 of 7
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.
The proposed project will not be injurious or detrimental to the public health, safety
or welfare or improvements in the vicinity because it is located adjacent to non‐
residential land uses within the General Commercial and Office zoning districts, and
the site plan provides sufficient information to determine that the project meets all
other development standards with the exception of parking in the front yard setback,
and providing the required number of parking spaces. Saving the 25‐inch Pecan tree
is beneficial to the public health and welfare. The applicant is proposing to locate the
new building to the rear of the property, in line with the adjacent structure to the
south.
3. Other Property
That the conditions that create the need for the Variance do not generally apply to other
property in the vicinity.
Each property is reviewed on a case‐by case basis as the circumstances and existing
conditions of each lot may differ greatly. General Commercial zoning is envisioned
for larger properties. This is a smaller‐sized property challenged by a significant
natural feature, the 25‐inch Pecan tree, that we as a community value.
4. Applicant’s Actions
That the conditions that create the need for the Variance are not the result of the applicant’s
own actions.
The applicant wants to save the existing 25‐inch Pecan tree in the middle of the lot,
which results in the need for the Variance request.
5. Comprehensive Plan
That the granting of the Variance would not substantially conflict with the Comprehensive
Plan and the purposes of this Code.
Preservation of the existing 25‐inch Pecan tree is consistent with the Comprehensive
Plan, and the purposes of this Code. UDC Section 8.02 Tree Preservation and
Protection provides the means for preserving protected and Heritage level trees with
the community. By granting this variance, the applicant will have the ability to
preserve the existing tree and develop the property for commercial use.
Page 14 of 20
Zoning Board of Adjustment Staff Report
1206 Hart Street Variance
Parking, Front yard setback Page 7 of 7
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.
Applying current development standards on this property would require the
removal of a near‐Heritage level Pecan tree. Preservation of the 25‐inch Pecan tree
would not be possible without the variance.
Granting the request for a reduction in parking spaces would limit the commercial
use of this commercially‐zone property.
Public Comments
Per the Unified Development Code, all property owners within a 200 foot radius of the project
site were notified of the application, a legal notice advertising the public hearing was placed
in the Sun Newspaper and a sign was posted on‐site. As of the date of this report, Planning
Department staff has received one public comment in support of this application.
Staff Recommendation
Staff recommends Approval of the request to allow parking in the 25‐foot front yard setback,
and to reduce the required number of off‐street parking spaces, with the following conditions:
1) Screening on front and side lot lines in front setback.
2) Opaque wall or landscape screening from adjacent properties.
3) Protection of pecan tree critical root zone.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Applicant’s Letter of Intent Request
Exhibit 3 – Proposed Site Plan
Submitted By
Carolyn Horner, AICP, Planner and Sofia Nelson, CNU‐A, Planning Director
Page 15 of 20
VAR-2016-001
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DATE
DATE
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ADDRESS
METRO
SERVICES
1978 S. AUSTIN AVENUE
512.930.9412
GEORGETOWN, TX 78626
WEB STEGERBIZZELL.COM
>>ENGINEERS >>PLANNERS >>SURVEYORS
TEXAS REGISTERED ENGINEERING FIRM F-181TBPLS FIRM No.10003700
22378
Project No:
for
JAMES PRINCE OFFICE HEADQUARTERS
City of Georgetown
Williamson County, Texas
shall revise the design as necessary.
There are existing water pipelines, underground telephone
vicinity of this project. The Contractor shall contact all
cables and other above and below ground utilities in the
appropriate companies prior to any construction in the
area and determine if any conflicts exist. If so, the
Contractor shall immediately contact the Engineer who
Warning!
DLP 2015-10-28
KM 2015-10-28
2016-02-09
OF 13
THESE CONSTRUCTION PLANS HAVE BEEN
PREPARED TO FULFILL THE REQUIREMENTS OF THE
TCEQ FOR WATER POLLUTION ABATEMENT OVER
THE EDWARDS AQUIFER. CONTRACTOR SHALL
CONTACT THE ENGINEER FOR ADDITIONAL DETAILED
CONSTRUCTION PLANS PRIOR TO CONSTRUCTION.
1
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