HomeMy WebLinkAboutAgenda_ZBA_05.15.2018Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
May 15, 2018 at 5:00 PM
at Council and Courts Building 101 E 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
B Consideration and possible approval of the minutes of the April 17, 2018 meeting. Karen Frost,
Recording Secretary
C Public Hearing and possible action on a 12-inch variance from the 12-inch minimum roof eave requirement
of Section 6.02.100 of the Unified Development Code, to allow manufactured homes with no roof eaves
projecting from the wall, on the property located at 2001 FM 971 bearing the legal description of Lot 1,
Block A, Pecan Branch Phase II Subdivision (VAR-2018-002). Robyn Miga, Planner
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 1 of 16
City of Georgetown, Texas
Zoning Board of Adjustment
May 15, 2018
SUBJECT:
Consideration and possible approval of the minutes of the April 17, 2018 meeting. Karen Frost, Recording
Secretary
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Karen Frost, Recording Secretary
ATTACHMENTS:
Description Type
Minutes_ZBA_04.17.2018 Backup Material
Page 2 of 16
Zoning Board of Adjustment Minutes Page 1 of 2
April 17, 2018
City of Georgetown, Texas
Zoning Board of Adjustment
Tuesday, April 17, 2018, 2018 at 5:00 p.m.
Council and Courts Building located at 101 E. 7th Street Georgetown, TX 78626
Commissioners present: Alex Fuller; Travis Perthuis; Kaylah McCord; Kevin Pitts and Ed Whitmore.
Commissioner(s) Absent: Josh Schroeder, Chair; John Marler;
Staff Present: Andreina Davila, Current Planning Manager; Nathan Jones, Planner; and Karen Frost,
Recording Secretary.
Legislative Regular Agenda
A. Call to Order
• Pledge of Allegiance
• Comments from the Chair – Welcome and Meeting Procedures
• Action from Executive Session
Chair Pitts called the meeting to order at 5:00 p.m. with the pledge of allegiance being led by Fuller.
Chair Pitts 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.
B. Consideration and possible approval of the minutes of the February 20, 2017 meeting. Karen Frost,
Recording Secretary
Motion by Fuller, second by McCord to approve the minutes. Approved 5 – 0.
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.
Jones gave the staff report and explained the approval criteria. Staff’s analysis shows that the only
compliance is that there is no substantial detriment to public safety with this variance. It does not
meet the other requirements.
The applicant brought forth 3 letters of no objection from
Chair Pitts opened the Public Hearing.
Eric Marsh, 1219 and 1221 Haven Lane, asked questions and Pitts referred him to staff.
Chair Pitts closed the Public Hearing with no other speakers coming forth.
Motion by McCord to deny because the board has little discretion and the request does not
comply with the majority of the seven criteria that are needed to find facts and approve the
variance. Second by Fuller.
The board discussed the application and possible options of the applicant. Staff explained that the
need for the variance is because they want to put a car port in this specific location. If they place it
Page 3 of 16
Zoning Board of Adjustment Minutes Page 2 of 2
April 17, 2018
in a different place, they would not need a variance. If they attach it to the existing garage, they
will need a special exception to extend the non-conforming use.
Motion passed 5 – 0.
Adjournment
Motion to adjourn by Whitmore, second by Fuller at 5: 17 p.m.
____________________________________ ____________________________________
Kevin Pitts, Interim Chair Attest, Secretary
Page 4 of 16
City of Georgetown, Texas
Zoning Board of Adjustment
May 15, 2018
SUBJECT:
Public Hearing and possible action on a 12-inch variance from the 12-inch minimum roof eave requirement
of Section 6.02.100 of the Unified Development Code, to allow manufactured homes with no roof eaves
projecting from the wall, on the property located at 2001 FM 971 bearing the legal description of Lot 1,
Block A, Pecan Branch Phase II Subdivision (VAR-2018-002). Robyn Miga, Planner
ITEM SUMMARY:
Overview of Applicant’s Request:
The applicant is seeking to eliminate the requirement outlined in the Unified Development Code in Section
6.02.100 which states that the roof shall have eaves that project a minimum of 12 inches from the exterior
wall. The applicant has stated that the 12 inch eaves is not the “norm” in the industry, and that this
requirement is a hardship given that the homes would all have to be special ordered in order to meet the
UDC’s requirements.
Staff's Analysis:
Staff has reviewed the Zoning Variance request in accordance with the Unified Development Code (UDC)
and other applicable codes. Staff has determined that the proposed request does not meet 5 of the 6
criteria established in UDC Section 3.15.030 for a Zoning Variance, as outlined in the attached Staff
Report.
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 variance application (4 notices mailed), a
legal notice advertising the public hearing was placed in the Sun Newspaper on April 29, 2018 and signs
were posted on-site. To date, staff has not received any written or verbal comment regarding the case.
FINANCIAL IMPACT:
None. The applicant has paid the application fees.
SUBMITTED BY:
Robyn Miga, Planner
ATTACHMENTS:
Description Type
VAR-2018-002 ZBA Staff Report Cover Memo
Attachment 1 - Location Map Backup Material
Attachment 2 - Conceptual Plan (Elevation)Backup Material
Attachment 3 - Letter of Intent Backup Material
Page 5 of 16
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-002
2001 FM 971 - Variance Page 1 of 6
Report Date: May 11, 2018
Case No: VAR-2018-002
Project Planner: Robyn Miga, Planner
Item Details
Project Address: 2001 FM 971
Legal Description: 56.17 acres out of Block A, Lot 1 of the Pecan Branch Phase II Subdivision
Zoning: Mobile Home
Future Land Use: Moderate Density Residential
Applicant: Brian Shroeder
Property Owner: Sun Properties Texas Limited Partnership
Location Map
Item Description
Public Hearing and possible action on a 12-inch variance from the 12-inch minimum roof eave
requirement of Section 6.02.100 of the Unified Development Code, to allow manufactured homes
with no roof eaves projecting from the wall, on the property located at 2001 FM 971 bearing the
legal description of Lot 1, Block A, Pecan Branch Phase II Subdivision.
Page 6 of 16
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-002
2001 FM 971 - Variance Page 2 of 6
Overview of Applicant’s Request
The applicant is requesting approval for a variance to allow for the manufactured homes in
phase 2 of the Pecan Branch community to be allowed to have no roof eaves projecting from the
wall, on the property located at 2001 FM 971.
Site Information
The applicant is seeking to eliminate the requirement outlined in the Unified Development Code
in Section 6.02.100, which states that the roof shall have eaves that project a minimum of 12
inches from the exterior wall. The applicant has stated that the 12 inch eaves is not the “norm” in
the industry, and that this requirement is a hardship given that the homes would all have to be
special ordered in order to meet the UDC’s requirements. The applicant also stated that due to
TxDOT permitting limitations, mandating that the homes have the eaves would ultimately end
with a reduction in living space for home owners since the eaves count toward the width of the
home with the transporting permits.
It should also be noted that part of the need for this variance is due to the fact that seven homes
were moved onto the property without properly going through permitting, therefore, there are
homes there today that do not meet UDC requirements.
Surrounding Properties:
Location Zoning Districts Future Land Use Existing Use
North Industrial (IN) Employment Center Industrial
South General Commercial (C-3) High Density
Residential Vacant Land
East ETJ Open Space Vacant Land
(Floodplain)
West Manufactured Housing (MH) Moderate Density
Residential
Manufactured Housing
Park
Review Criteria/Staff Analysis
The Unified Development Code (UDC) has required that manufactured houses in the MH zoning
district have 12-inch eaves since 2003. The section of the UDC that speaks to the eaves
requirement is outlined in design standards, with the intent of providing a required architectural
feature on the homes to look more consistent with a traditional single-family neighborhood.
While they are different specifics, the nature of this criteria is similar to that in the single-family
zoned subdivisions.
It’s also noteworthy that this is the second phase of this development’s manufactured home park.
The first phase, which was platted in 2000, has approximately 20 homes with 12-inch eaves, with
the remaining either having no eaves or less than the current code requirement.
Page 7 of 16
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-002
2001 FM 971 - Variance Page 3 of 6
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 deprived of a reasonable use of their land. The subject
property is zoned for Manufactured Housing (MH), which allows manufactured
housing by right. The requested variance is to remove the requirement for a roof eave.
Several manufactured housing products include or may accommodate a 12-inch roof
eave.
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.
3. Other Property
That the conditions that create the need for the Variance do not generally apply to other
property in the vicinity.
Page 8 of 16
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-002
2001 FM 971 - Variance Page 4 of 6
Findings Does Not Comply
One of the reasons the requested variance is being sought is due to manufactured
homes that were moved onto the property without going through proper permitting,
which do not meet code requirements today. The subject property is Phase 2 of the
Pecan Branch development. Phase 1 was developed in 2000, and the provision
requiring the 12-inch eaves was not added until 2003 when the UDC was adopted. A
number of existing homes within Phase 1 have 12-inch eaves, consistent with current
requirements. Thus, the conditions that create the need for the variance do not
generally apply to other property in the area.
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
homes being moved onto the property that do not meet code requirements before
proper permits were pulled. The applicant stated that they were not aware of the code
requirement that mandates that manufactured homes have 12-inch eaves, and seven
homes were purchased by citizens and moved into the subdivision. Once permitting
was made aware, they were required to provide details on the individual units and it
was found that they were not in compliance.
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 this type of requirement is not directly referenced in the Comprehensive Plan
and there is no specific guidance in the Comprehensive Plan related to specific 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 removal of the 12-inch roof eave projection requirement
would not meet the purpose of this 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.
Page 9 of 16
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-002
2001 FM 971 - Variance Page 5 of 6
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 subject property has been zoned and
approved for a manufactured housing development.
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.
Based on the current zoning designation for the property, the allowed uses are for
manufactured housing and single-family. The variance would not restrict them
from being able to use the property for these two types of housing.
b) That there is a financial or economic hardship.
While the applicant has stated that to meet code requirements, it would result in
customizable manufactured homes, the requested variance is not due to financial
or economic hardship.
c) That there is a self-created hardship by the property owner or their agent.
The requested variance is self-imposed due to the placement of manufactured
homes on site that do not meet minimum code requirements.
d) That the development objectives of the property owner are or will be frustrated.
The development objective is to allow the existing and future manufactured
homes on the property to not be required to have the 12” eaves.
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 variance application
Page 10 of 16
City of Georgetown Planning Department Staff Report
Case No. VAR-2018-002
2001 FM 971 - Variance Page 6 of 6
(4 notices mailed), a legal notice advertising the public hearing was placed in the Sun Newspaper
on April 29, 2018 and signs were posted on-site. To date, staff has not received any written or
verbal comment regarding the case.
Attachment(s)
Attachment 1 – Location Map
Attachment 2 – Conceptual Plan
Attachment 3 – Applicant’s Letter of Intent
Page 11 of 16
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Page 12 of 16
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