HomeMy WebLinkAboutAgenda_ZBA_06.16.2015Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
June 16, 2015 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
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additional information; TTY users route through Relay Texas at 711.
Legislative Regular Agenda
A Call to Order
Pledge of Allegiance
Comments from the Chair
- Welcome and Meeting Procedures
Action from Executive Session
B As of the deadline, no persons were signed up to speak on items other than what was posted on the
agenda.
C Election of Vice-chair and Secretary for the 2015-2016 Zoning Board of Adjustment.
D Consideration and possible action of the Minutes from the February 17, 2015 and the May 19, 2015,
Zoning Board of Adjustment meeting.
E Public Hearing and possible action on a Variance for additional height and square footage of an
Entryway Monument Sign for the Vantage at Georgetown apartment complex, being Vantage at
Georgetown, Block A, Lot 1, located at 2000 F.M. 1460. VAR-2015-006 (Mike Elabarger, Senior
Planner)
F Public Hearing and possible action on a request for a Variance to Section 6.06.010.D of the Unified
Development Code (UDC), to allow an accessory structure in excess of 8-feet in height, within the platted
building setbacks for Meadows of Georgetown, Phase 2, Block E, Lot 78, located at 1008 Glen Meadow
Cove. VAR-2015-005 (Mike Elabarger, Sr. Planner, and Carolyn Horner, AICP, Planner)
G 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
Page 1 of 42
City of Georgetown, Texas
Zoning Board of Adjustment
June 16, 2015
SUBJECT:
Election of Vice-chair and Secretary for the 2015-2016 Zoning Board of Adjustment.
ITEM SUMMARY:
Election of Vice-chair and Secretary for the 2014-2015 Zoning Board of Adjustment.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Page 2 of 42
City of Georgetown, Texas
Zoning Board of Adjustment
June 16, 2015
SUBJECT:
Consideration and possible action of the Minutes from the February 17, 2015 and the May 19,
2015, Zoning Board of Adjustment meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
ATTACHMENTS:
Description Type
Minutes from the May 19, 2015 meeting Cover Memo
minutes from the February 17, 2015 meeting Cover Memo
Page 3 of 42
Page 1 of 1
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, May 19, 2015 at 5:00 PM
Council Chambers
101 E. 7thStreet, Georgetown, Texas 78626
Board members: Josh Schroeder, Chair; Will Moore, David Thompson, Philip Voigt and Kevin
Pitts.
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: Carla Benton, Planner, Sofia Nelson, Planning Interim 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.
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. Public Hearing and possible action on a Variance for Celebration Church, being 108.565
acres in the Francis Hudson and J.P. Patterson Surveys, located at 1202 Rabbit Hill Road.
VAR-2015-004 Carla J. Benton, Planner and Tamera Baird, Chief Building Plans Examiner
Tamera Baird provided an overview of the Final Plat request, description of project and
recommend for approval.
Discussion between staff and Board regarding setback.
Motion by Board Member Thompson to approve the Variance for Celebration Church,
being 108.565 acres in the Francis Hudson and J.P. Patterson Surveys, located at 1202
Rabbit Hill Road. Second by Board member Pitts. Approved. (4-0)
5. Adjourned at 5:32pm
_____________________________________ __________________________________
Josh Schroeder, Chair Secretary
Page 4 of 42
Page 1 of 2
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, February 17, 2015 at 5:00 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 December 16, 2014.
Motion by Board member Thompson to approve the Minutes from the December 16, 2014
Zoning Board of Adjustment meeting with correction. Second by Board member Moore.
Approved. (4-0)
2. Public Hearing and possible action on a Special Exception for Setback Modification for an
addition to a primary structure at Clamp’s Addition Revised, Block E (E/PT), 0.1744 acres,
located at 711 East 8th Street. SE-2015-002 Matt Synatschk, Historic Planner. Matt Synatschk
provided an overview of the Final Plat request, description of project and recommend for
approval. Discussion between Board and staff regarding the setback, height and the
reason for staff approval.
Motion by Board member Voight to approve the Special Exception for Setback
Modification for an addition to a primary structure at Clamp’s Addition Revised, Block E
(E/PT), 0.1744 acres, located at 711 East 8th Street. Second by Board member Pitts.
Motion Denied. (2-2 ) Board member Moore and Board member Davis.
Page 5 of 42
Page 2 of 2
5. Adjourned at 5:32pm
_____________________________________ __________________________________
Ellen Davis, Chair Philip Voigt, Secretary
Page 6 of 42
City of Georgetown, Texas
Zoning Board of Adjustment
June 16, 2015
SUBJECT:
Public Hearing and possible action on a Variance for additional height and square footage of an
Entryway Monument Sign for the Vantage at Georgetown apartment complex, being Vantage at
Georgetown, Block A, Lot 1, located at 2000 F.M. 1460. VAR-2015-006 (Mike Elabarger, Senior
Planner)
ITEM SUMMARY:
Background:
The applicant is requesting approval of a Variance from the Zoning Board of Adjustment (ZBA) to
exceed the maximum sign height and square footage allowances of Section 10.06.010 of the
Unified Development Code (UDC). The applicant seeks additional sign height (an increase from
maximum allowed 5’ to 7’, or 40%) and square footage (increase from maximum allowed 32 SF to
52 SF, or 62%).
Public Comment:
Notices were sent to two (2) neighboring properties owners, and signs placed on the property. No
public comment has been received as of the time of this report.
Recommendation:
Staff recommends approval of the requested Variance based on the analysis provided in the staff
report.
FINANCIAL IMPACT:
None. The applicant paid the required fees.
SUBMITTED BY:
Mike Elabarger, Senior Planner and Sofia Nelson, Interim Planning Director
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Exhibit 1 - Location Map Backup Material
Exhibit 2 - Applicant Materials Backup Material
Page 7 of 42
Georgetown Planning Department
Zoning Board of Adjustment Staff Report
Vantage at Georgetown Apartments
Sign Height and Size Variance Page 1 of 4
Meeting Date: June 16, 2015
File No: VAR-2015-006
Project Planner: Mike Elabarger, Senior Planner
Report Date: June 11, 2015
Relevant UDC Section: 10.06.010
Staff Recommendation: Approval
Item Description
Public Hearing and possible action on a Variance for additional sign height (increase from
maximum allowed 5’ to 7’) and square footage (increase from maximum allowed 32 SF to 52 SF)
for the Vantage Apartment complex located at 2000 FM 1460.
Item Details
Project Name: Vantage Apartment Signage
Project Address: 2000 FM 1460
Legal Description: Vantage at Georgetown, Block A, Lot 1
Zoning: MF-2 (High Density Multifamily)
Future Land Use: Employment Center
Applicant: Luis Busmail, HBDC Marketing
Property Owner: Vantage at Georgetown, LLC
Contact: Luis Busmail, HBDC Marketing
The applicant is requesting approval of a Variance from the Zoning Board of Adjustment (ZBA)
to exceed the maximum sign height and square footage allowances of Section 10.06.010 of the
Unified Development Code (UDC).
Background
The existing development consists of a multi-building apartment complex with clubhouse and
associated features. The property was annexed into the City by Ordinance #2013-42 and rezoned
by Ordinance #2014-43 from Agriculture (AG) District to Multifamily (MF) District by City
Council action on October 8th, 2013. The May 2014 revisions to the UDC regarding multifamily
uses transitioned the MF District to the MF-2 (High Density Multifamily) District.
The site has access from FM 1460 in two locations – a northern entry via an access easement
through property that will be developed in the future, and the principal entrance further south of
that (and up the hill) near the proposed sign location. FM 1460 will soon undergo a major
widening and improvement project that will greatly affect the access to and visibility of the
Page 8 of 42
Zoning Board of Adjustment Staff Report
Vantage at Georgetown Apartments
Sign Height and Size Variance Page 2 of 4
Vantage Apartment site. The right-of-way (approximately 220’ wide in front of the property) has
already been acquired for the widening, and the existing 2-lanes of pavement which constitute
the current road lies on the far east side of that large right-of-way. These factors place the
proposed sign approximately 175’ from the current paved travel lanes. In the future, the
northbound lanes will be roughly where the current lanes are, but the southbound lanes will be
much closer to the subject property, and thus the sign, but the exact dimensions are not known.
Authorization/Review Criteria
Section 03.15.030 Criteria for Variance Review states:
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.
- Staff finds the topographical, driveway placement and future development
conditions unique to this property.
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.
- Staff finds that the conditions are not detrimental to the public health, safety or
welfare, nor injurious to other property in the area.
3. Other Property
That the conditions that create the need for the Variance do not generally apply to
other property in the vicinity.
Page 9 of 42
Zoning Board of Adjustment Staff Report
Vantage at Georgetown Apartments
Sign Height and Size Variance Page 3 of 4
- Staff finds that the conditions on this property do not apply to other property in
the vicinity.
4. Applicant’s Actions
That the conditions that create the need for the Variance are not the result of the
applicant’s own actions.
- Staff finds that the conditions are not the result of the applicant’s own actions.
5. Comprehensive Plan
That the granting of the Variance would not substantially conflict with the
Comprehensive Plan and the purposes of this Code.
- Staff finds that granting a variance for the sign height would not conflict with the
Comprehensive Plan.
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.
- Not granting this variance would restrict the utilization of the property.
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.
b) That there is a financial or economic hardship.
c) That there is a self-created hardship by the property owner or their agent.
d) That the development objectives of the property owner are or will be frustrated.
A. Limitations
The Zoning Board of Adjustment may not grant a Variance when the effect of which
would be any of the following:
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.
Page 10 of 42
Zoning Board of Adjustment Staff Report
Vantage at Georgetown Apartments
Sign Height and Size Variance Page 4 of 4
3. To extend physically a nonconforming use of land.
4. To change the Zoning District boundaries shown on the Official Zoning Map.
B. Profitability Not to Be Considered
The fact that property may be utilized more profitably should a Variance be granted may
not be considered grounds for a Variance.
Staff Analysis
Staff agrees with the Applicant’s justifications for the request (see Exhibit 2), finding that the
ultimate design of FM 1460 – separated north and south-bound lanes within a right-of-way of
over 200’ wide – creates a unique situation where the allowable sign dimensions of 5’ height and
32 square feet would create a sign that could not be safely and clearly be seen from all viewing
angles from this roadway. Additionally, the property in front of the apartment buildings will be
developed in the future, reducing the visual connection of the apartments with passersby on
1460, thereby increasing the importance of the sign. The current driveway will be a joint/shared
use access from FM 1460.
The request would result in a 40% increase in height and 62% increase in sign area. The
proposed dimensions of 7’ tall by 7.5’ wide will be slightly more than ‘pedestrian-scale’, but will
not be monolithic nor greater than the allowed sizes (8’ height, 60 SF) for freestanding monument
signs adjacent roadways such at IH-35 or SH 130.
Public Comments
A total of two (2) notices were sent out to property owners within 200 feet of the subject property
and within the boundaries of the City. Public notice was posted in the Sun newspaper on May 31,
2015. As of the day of this report, there has been no public comment submitted to the Planning
Department office regarding the application.
Staff Recommendation
Staff recommends approval of the requested Variance based on the analysis above.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Applicant’s Letter of Request and Sign Exhibits
Submitted By
Mike Elabarger, Senior Planner and Tamera Baird, Chief Commercial Plans Examiner
Page 11 of 42
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Page 12 of 42
Date:
05/12/2015
City
of
Georgetown
Planning
and
Zoning
Department
300-‐1
Industrial
Av.
Georgetown,
Texas
78626
Re:
Requesting
Variance
for
Monument
Sign,
Vantage
Apartments,
2000
FM
1460,
Georgetown,
Texas
78626
To:
The
Board
of
Appeals
HBDC
is
request
a
review
of
the
property
located
at
2000
FM
1460
in
order
to
allow
for
monument
sign
at
the
property
for
the
following
reasons.
This
is
a
multi-‐family
facility
with
one
main
entrance;
the
new
monument
sign
would
be
located
at
the
front
of
the
property
(see
map).
Currently
the
code
only
allows
for
a
maximum
on
5ft
height
with
32sq.
ft.
of
signage.
Due
to
the
exceptionally
long
road
frontage
and
to
enhance
our
ability
to
direct
potential
customers
to
the
property,
we
are
requesting
a
7ft.
height
x
7’
5”
wide
(52sq.
ft.)
monument
sign.
I
appreciate
your
consideration
of
HBDC’s
request
in
this
matter.
Sincerely,
Luis
Busmail
President
HBDC
Marketing
Page 13 of 42
Colors shown here may not exactly match manufacturers color
chartswatch actual sample. Client to either provide samples or
specifications for custom colors prior to production or approve HBDC Marketing’s color samples or color specifications.MAIN MONUMENT SIGN VANTAGE AT GEORGETOWN
Page 14 of 42
Colors shown here may not exactly match manufacturers color
chartswatch actual sample. Client to either provide samples or
specifications for custom colors prior to production or approve HBDC
Marketing’s color samples or color specifications.MAIN MONUMENT SIGN
MEGHANGOETTL
O 210.308.5577
F 866.262.0567
meghan@hbdcmarketing.com
www.hbdcmarketing.com
6’
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2’ Base
Underground
5”
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7’
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7’
T
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l
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7.5’ Wide 1.5’ Wide
VANTAGE AT GEORGETOWN
Page 15 of 42
Colors shown here may not exactly match manufacturers color
chartswatch actual sample. Client to either provide samples or
specifications for custom colors prior to production or approve HBDC
Marketing’s color samples or color specifications.MAIN MONUMENT SIGN
MEGHANGOETTL
O 210.308.5577
F 866.262.0567
meghan@hbdcmarketing.com
www.hbdcmarketing.com
VANTAGE AT GEORGETOWN
1 8 0 f t (+/-) R O W
15ft
Monument Sign will be installed here
180 +/- feet away from 1460 (ROW)
15 feet away from entrance road
This Image is for illustration
purposes only. For Accurate
location of monument sign
please see aerial and site
map images.
7.5’ Wide
7’
T
a
l
l
180ft (+/-) R.O.W.
15ft
180ft (+/-) ROW
Page 16 of 42
City of Georgetown, Texas
Zoning Board of Adjustment
June 16, 2015
SUBJECT:
Public Hearing and possible action on a request for a Variance to Section 6.06.010.D of the
Unified Development Code (UDC), to allow an accessory structure in excess of 8-feet in height,
within the platted building setbacks for Meadows of Georgetown, Phase 2, Block E, Lot 78,
located at 1008 Glen Meadow Cove. VAR-2015-005 (Mike Elabarger, Sr. Planner, and Carolyn
Horner, AICP, Planner)
ITEM SUMMARY:
Background:
The applicant is requesting approval of a Variance from the Zoning Board of Adjustment (ZBA) to
allow an accessory structure exceeding 8-feet to encroach 10-feet into the platted 20-foot rear yard
setback.
Public Comment:
Notices were sent to thirteen (13) neighboring properties owners, and one sign placed on the
property. One letter in opposition has been received as of the time of this report.
Recommendation:
Staff recommends denial of the requested Variance based on the analysis provided in the staff
report.
FINANCIAL IMPACT:
None. The applicant has paid the required fees.
SUBMITTED BY:
Mike Elebarger, Senior Planner, Carolyn Horner, AICP, Planner, and Sophia Nelson, Interim
Planning Director
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Exhibit 1 - Location Map Exhibit
Exhibit 2 Exhibit
Exhibit 3 Exhibit
Exhibit 4 Exhibit
Exhibit 5 Exhibit
Page 17 of 42
Georgetown Planning Department
Zoning Board of Adjustment Staff Report
1008 Glen Meadow Cove Variance
Accessory Structure Height Page 1 of 7
Meeting Date: June 16, 2015
File No: VAR-2015-005
Project Planner: Mike Elabarger, Sr. Planner, and Carolyn Horner, AICP, Planner
Report Date: June 11, 2015
Relevant UDC Section: 6.06.010.D
Staff Recommendation: Denial
Item Description
Public Hearing and possible action on a request for a Variance to Section 6.06.010.D of the
Unified Development Code (UDC), to allow an accessory structure in excess of 8-feet in height,
within the platted building setbacks for Meadows of Georgetown, Phase 2, Block E, Lot 78,
located at 1008 Glen Meadow Cove.
Item Details
Project Name: 1008 Glen Meadow Cove
Project Address: 1008 Glen Meadow Cove
Legal Description: Meadows of Georgetown, Phase 2, Block E, Lot 78
Zoning: RS (Residential Single-family)
Future Land Use: Moderate Density Residential
Applicant: Osbaldo Herrera
Property Owner: Osbaldo Herrera
Contact: Osbaldo Herrera
Applicant Request
The applicant is requesting approval of a Variance from the Zoning Board of Adjustment (ZBA)
to allow an accessory structure exceeding the allowed height within required building setbacks.
The 14’x14’ (or 196 SF) accessory structure in question is 9’3” tall (measured at mid-point of the
roof) and is set back 10 feet from the rear property line, creating an encroachment of 10 feet.
Section 6.06.010.D of the UDC limits accessory structures to 8 feet within the required setbacks.
The standard zoning setback for the Residential Single-family (RS) district is 10 feet. However,
the platted rear setback is 20 feet, and per Section 1.03.D of the UDC the platted setbacks
override the setbacks of the zoning district.
The variance request is therefore to allow a 10 foot encroachment into the required rear setback.
Page 18 of 42
Zoning Board of Adjustment Staff Report
1008 Glen Meadow Cove Variance
Accessory Structure Height Page 2 of 7
Background
The applicant submitted a complete building permit application packet on 11/28/2011 for
construction of: 1) patio cover, 2) accessory building/shed (the shed), and 3) chimney with
benches and bar-be-que (the chimney). The packet included specific measurements for each
item, drawings done to scale, and a copy of the plot plan showing the platted building setback
lines on the side and rear property lines. City staff issued the permit based on the information
contained in the submitted packet.
During a routine inspection related to the building permit, the City inspector discovered that the
shed and the chimney structure were being built in violation of the approved permit.
Specifically, the shed and the chimney were not in the locations shown in the permit submission,
but rather farther back into the rear yard, and across/within the building setback line areas. City
Code Enforcement was then involved, which prompted the applicant to contact City Planning
staff about the possibility of a remedy.
After further review of the situation, Staff determined that the only construction requiring
remedy was the shed, which was almost complete (see Exhibit 4). The only available option to
keep the shed as built was to request a variance from the UDC to allow the shed to be
constructed within the required setbacks.
Unified Development Code Regulations
The following are the pertinent sections of the UDC related to this request:
1. Section 3.15 – Variance; see section below for review and approval criteria.
2. Section 6.06.010.D – Accessory structures measuring 8 feet or less in height are allowed
in the setbacks in the rear yard up to 3 feet from the property line, but may not extend
into any P.U.E.
The shed measures 14’x14’ (or 196 SF) and sits 10’ into the 20-foot rear building setback line.
Therefore the majority of the shed, 100 SF, is located within the platted rear building line. The
peak of the shed roof is measured at 11‘ from the floor of the sheds foundation (a poured slab
that sits several inches above the finished grade of the yard). The soffit of the shed measures 7’6”
above the ground. Staff finds the mid-point of the roof, per Section 6.05.030, to be 9’3”.
Therefore, the shed exceeds the maximum allowable accessory structure height at this location by
1’3”.
Page 19 of 42
Zoning Board of Adjustment Staff Report
1008 Glen Meadow Cove Variance
Accessory Structure Height Page 3 of 7
Staff Analysis
Staff does not find that the variance request, as presented, meets the approval criteria for a
variance. There are no unique conditions affecting the property and application of the UDC
standards to this property are reasonable and, excepting the fact that the structure is already
built, would not otherwise cause hardship. The applicant created the current hardship through
his own actions by completing construction of the shed in an unauthorized location. Staff finds
that the only solution to the violation is to either reduce the height of the shed to 8 feet or remove
it.
Review Criteria
The Unified Development Code, in Section 03.15.030, establishes the following Criteria for
Variance Review:
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
Page 20 of 42
Zoning Board of Adjustment Staff Report
1008 Glen Meadow Cove Variance
Accessory Structure Height Page 4 of 7
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.
-Staff does not find any topographical or other special conditions unique to this
property.
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.
-Staff does not find the shed in its current configuration to be detrimental to the
public health, safety or welfare, nor injurious to other property in the area.
3. Other Property
That the conditions that create the need for the Variance do not generally apply to other
property in the vicinity.
-Staff does not find any conditions on this property which do not apply to other
property in the vicinity.
4. Applicant’s Actions
That the conditions that create the need for the Variance are not the result of the applicant’s
own actions.
-Staff finds that the only condition that is creating the need for the variance is
directly the result of the applicant’s own actions.
5. Comprehensive Plan
That the granting of the Variance would not substantially conflict with the Comprehensive
Plan and the purposes of this Code.
-Staff finds that granting a variance for the accessory structure would not conflict
with the Comprehensive Plan.
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Zoning Board of Adjustment Staff Report
1008 Glen Meadow Cove Variance
Accessory Structure Height 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 particular piece of property would effectively prohibit or unreasonably restrict
the utilization of the property.
- The conditions that create the need for the variance are a direct result of the
applicant’s own actions. The application of the UDC standards would not
unreasonably restrict or prohibit usage of the property.
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.
b) That there is a financial or economic hardship.
c) That there is a self-created hardship by the property owner or their agent.
d) That the development objectives of the property owner are or will be frustrated.
-Staff finds that the grounds for granting the variance are insufficient as the
current situation falls within a self-created hardship.
B. Limitations
The Zoning Board of Adjustment may not grant a Variance when the effect of which would be
any of the following:
1. To allow the establishment of a use not otherwise permitted in the applicable Zoning
District.
1. To increase the density of a use above that permitted by the applicable District.
2. To extend physically a nonconforming use of land.
3. To change the Zoning District boundaries shown on the Official Zoning Map.
-Staff finds that the accessory structure in its current configuration would not
create any of the above-listed limitations.
C. Profitability Not to Be Considered
The fact that property may be utilized more profitably should a Variance be granted
may not be considered grounds for a Variance.
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Zoning Board of Adjustment Staff Report
1008 Glen Meadow Cove Variance
Accessory Structure Height Page 6 of 7
- Staff finds that while the profitable utilization of the property may not be affected,
the applicant would experience a financial loss if the constructed features would
have to be removed or rebuilt.
Public Comments
A total of 13 notices were sent out to property owners within 200 feet of the subject property.
Public notice was posted in the Sun newspaper on May 31, 2015. As of the day of this report,
there has been 1 public comment in opposition submitted to the Planning Department office
regarding the application.
Staff Recommendation
Staff recommends denial of the requested Variance as 3 of the 7 review criteria of Section 3.15 are
not supported by the findings of this case.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Applicant’s Letter of Request
Exhibit 3 – Original Permit Package
Exhibit 4 – Photographs taken April 23, 2013.
Exhibit 5 – Photographs taken April 2015
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Zoning Board of Adjustment Staff Report
1008 Glen Meadow Cove Variance
Accessory Structure Height Page 7 of 7
Submitted By
Michael Elabarger, Sr. Planner, Carolyn Horner, AICP, Planner and Sophia Nelson, Interim
Planning Director
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CITY OF GEORGETOWN
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Exhibit #1
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Exhibit 4
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Exhibit 4
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Exhibit 5
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Exhibit 5
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Exhibit 5
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