HomeMy WebLinkAboutAgenda_ZBA_08.18.2020Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
August 18, 2020 at 5:00 PM
at Teleconference
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The regular meeting will convene at 5:00 p.m. on August 18, 2020 via
teleconference. To participate, please copy and paste the following weblink
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Citizen comments are accepted in three different formats:
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the date of the meeting and the Recording Secretary will read your
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2. Log onto the meeting at the link above and "raise your hand" during the
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3. Use your home/mobile phone to call the toll-free number
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Page 1 of 50
Use of profanity, threatening language, slanderous remarks or threats of
harm are not allowed and will result in you being immediately removed from
the meeting.
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 Discussion on how the Zoning Board of Adjustment virtual conference will be conducted, to include options
for public comments and how the public may address the Commission -- Sofia Nelson, CNU-A, Planning
Director
B Nomination and selection of Vice-chair and Secretary for the 2020/21 Zoning Board of Adjustment --
Andreina Dávila-Quintero, AICP, Current Planning Manager
Public Wishing to Address the Board
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found at the
Board meeting. Clearly print your name, the letter of the item on which you wish to speak, and present it to the
Staff Liaison, preferably prior to the start of the meeting. You will be called forward to speak when the Board
considers that item.
On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a written
request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the
speaker's name and the specific topic to be addressed with sufficient information to inform the board and the
public. For Board Liaison contact information, please logon to
http://government.georgetown.org/category/boards-commissions/.
C At the time of posting, no persons had signed up to address the Board.
Legislative Regular Agenda
D Discussion and possible action establishing the regular meeting date, time and place of the Zoning Board
of Adjustment for 2020/21 -- Andreina Dávila-Quintero, AICP, Current Planning Manager.
E Consideration and possible action to approve the minutes from the April 16, 2019 and December 17, 2019
regular meetings of the Zoning Board of Adjustment -- Mirna Garcia, Management Analyst.
F Public Hearing and possible action on a request for a Zoning Variance from the minimum setback
requirements of Unified Development Code Section 6.02.050.A for the Residential Single-Family (RS)
zoning district to allow 1) a 5-foot variance from the 20-foot front setback to create a minimum 15-foot
front setback; 2) a 3-foot variance from the 15-foot required side street setback to create a minimum 12-
foot side street setback; and 3) a 10-foot variance from the required 25-foot street facing garage setback
to create a minimum 15-foot street facing garage setback, for the property located at 1204 Desaix Drive,
bearing the legal description of Lot 26, Block C, Oakmont Subdivision (2020-2-VAR) -- Ethan Harwell,
Senior Planner
Page 2 of 50
Adjournment
Certificate of Posting
I, Robyn Densmore, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 808 Martin Luther King Jr. Street, Georgetown, TX 78626, a place readily
accessible to the general public as required by law, on the _____ day of _________________, 2020, at
__________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said
meeting.
__________________________________
Robyn Densmore, City Secretary
Page 3 of 50
City of Georgetown, Texas
Zoning Board of Adjustment
August 18, 2020
SUBJECT:
Consideration and possible action to approve the minutes from the April 16, 2019 and December 17, 2019
regular meetings of the Zoning Board of Adjustment -- Mirna Garcia, Management Analyst.
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Mirna Garcia, Management Analyst
ATTACHMENTS:
Description Type
April 16, 2019 minutes Backup Material
December 17, 2019 minutes Backup Material
Page 4 of 50
Zoning Board of Adjustment Minutes Page 1 of 2
April 16, 2019
City of Georgetown, Texas
Zoning Board of Adjustment
Tuesday, April 16, 2019 at 5:00 p.m.
Council and Courts Building located at 510 W 9th Street Georgetown, TX 78626
Commissioners present: Alex Fuller, Chair; Kaylah McCord, Secretary; and Ed Whitmore.
Commissioner(s) Absent: Travis Perthuis, Vice-chair and John Marler.
Staff Present: Sofia Nelson, Planning Director; Andreina Davila, Current Planning Manager; Michael
Patroski and Stephanie McNickle, Recording Secretary.
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.)
Chair Fuller opened the meeting at 5:00.
• Call to Order
• Pledge of Allegiance
• Comments from the Chair
• Welcome and Meeting Procedures
• Action from Executive Session
Legislative Regular Agenda
A. The consideration and possible action of the of the minutes from the February 19, 2019 Zoning
Board of Adjustment meeting- Stephanie McNickle
Motion by McCord to approve the minutes from the February 19, 2019 Zoning board of
Adustment meeting. Seconded by Whitmore. Approved. (3-0)
B. The consideration and possible action of the of the minutes from the March 19, 2019 Zoning
Board of Adjustment meeting- Stephanie McNickle
Motion by Whitmore to approve the minutes from the March 19, 2019 Zoning board of
Adustment meeting. Seconded by McCord. Approved. (3-0)
C. Public Hearing and possible action on a request for a variance from Unified Development Code
(UDC) Section 6.02.090, which sets the maximum number of living units to 24 units per
structure in the High Density Multifamily District (MF-2) to allow a structure with 42 units on
the property located at 2211 Westinghouse Rd, bearing the legal description of 11.094 acres out
of the J Robertson Survey, Abstract No. 545, and the William Addison Survey, Abstract No. 21
(2019-2-VAR) Michael Patroski, Planner
The applicant is requesting approval for a Variance from the Zoning Board of Adjustment
(ZBA) to exceed the maximum number of twenty-four (24) dwelling units per structure as
required in Unified Development Code (UDC) Section 6.02.090, High Density Multifamily
District (MF-2) Lot and Dimensional Standards. This request is for a new structure (highlighted
in blue below) proposed to be located on the western portion of the subject property.
Page 5 of 50
Zoning Board of Adjustment Minutes Page 2 of 2
April 16, 2019
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 meets 7
of the 7 required findings established in UDC Section 3.15.030.A for a Zoning Variance as
outlined below and in the attached Staff Report. Per the UDC, no Zoning Variance shall be
granted unless the ZBA finds all the approval criteria has been met.
Chair Fuller invited the application. The applicant declined to speak, but stated city staff has
done a wonderful job presenting.
Motion by McCord to approve the request for a variance from Unified Development Code
(UDC) Section 6.02.090, which sets the maximum number of living units to 24 units per structure
in the High Density Multifamily District (MF-2) to allow a structure with 42 units on the
property located at 2211 Westinghouse Rd, bearing the legal description of 11.094 acres out of
the J Robertson Survey, Abstract No. 545, and the William Addison Survey, Abstract No. 21
Second by Whitmore. Approved. 3-0
Adjournment
Motion to adjourn at 5:27 p.m.
____________________________________ ____________________________________
Alex Fuller, Chair Attest, Kaylah McCord, Secretary
Page 6 of 50
Planning & Zoning Commission Minutes Page 1 of 2
December 17, 2019
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, December 17, 2019 at 5:00 p.m.
Courts and Council Building, located at 510 W. 9th Street, Georgetown, TX 78626
Commissioners present: Alex Fuller; Ed Whitmore; Kayla McCord; John Marler;
Staff Present: Andreina Davila-Quintero, Current Planning Manager; Sofia Nelson, Planning Director;
Mirna Garcia, Management Analyst; Nat Waggoner, Long Range Current Planning Manager; Britin
Bostick, Historic and Downtown Planner
Chair Fuller called the meeting to order at 5:01 p.m.
A. Public Wishing to Address the Board
At the time of posting, no persons had signed up to address the Board.
Legislative Regular Agenda
B. Public Hearing and possible action on a request for a 446-sq.ft. variance from the 600-sq.ft.
maximum detached garage accessory structure size requirement of Unified Development Code
Section 6.05.010.C to allow a 446-sq.ft. attic finish-out of the garage structure, for a total of 1,046-
sq.ft., on the property located at 1302 S College St, bearing the legal description of 0.498 acres of the
north portion of Block 4, Hughes Addition (2019-4-VAR) -- Britin Bostick, Historic and Downtown
Planner
Staff report presented by Bostick. The applicant’s letter of intent (Exhibit 3) outlines in detail the
applicant’s eight (8) reasons for justification of the variance request, which include tree
preservation, building placement, matching architecture of the primary structure, and allowances
for other accessory structures on the property. The subject property is located on S. College Street
between E. 13th Street and E. 14th Street. It is approximately 1.5 blocks south of E. University Ave.
The Future Land Use designation is Moderate Density Residential and the zoning designation is
Residential Single-Family (RS) and Old Town Historic Overlay districts. Staff has reviewed the
zoning variance request for an increase in the permitted size of a detached two-car garage in
accordance with the UDC and other applicable codes. Staff has determined that the proposed
request meets 2 of the 7 required findings established in UDC Section 3.15.030. 2 public comments
in favor of the request were submitted to staff.
Commissioner McCord asked if the outside stairway is permitted and approved, and if it would be
allowed for the applicant to finish out the interior upstairs but not use it (no plumbing or hvac).
Bostick explained that the permit the applicant currently has is for the garage as it is built. Without
the variance approval, the applicant would not be able to obtain the necessary building and
electrical permits.
Page 7 of 50
Planning & Zoning Commission Minutes Page 2 of 2
December 17, 2019
Tom Paxson, the applicant, was invited to address the Board. He presented photos of the original
house, backyard, porch, and garage. He discussed his proposal and design, and desire to preserve
the character of the structure, and minimize the amount of structures built.
Chair Fuller opened and closed the Public Hearing as no one signed up to speak.
Motion by Commissioner Marler to reject Item B (2019-4-VAR) in order to have a discussion.
Second by Commissioner McCord.
The Commissioners discussed the item and the criteria presented by staff.
Motion to approve Item B (2019-4-VAR). Second by Commissioner Whitmore. Approved (4-0).
Motion to adjourn by Commissioner Fuller. Second by Commissioner Marler. Approved (4-0).
Adjournment at 6:37p.m.
____________________________________ ____________________________________
Alex Fuller, Chair Attest, Kaylah McCord, Secretary
Page 8 of 50
City of Georgetown, Texas
Zoning Board of Adjustment
August 18, 2020
SUBJECT:
Public Hearing and possible action on a request for a Zoning Variance from the minimum setback
requirements of Unified Development Code Section 6.02.050.A for the Residential Single-Family (RS)
zoning district to allow 1) a 5-foot variance from the 20-foot front setback to create a minimum 15-foot
front setback; 2) a 3-foot variance from the 15-foot required side street setback to create a minimum 12-
foot side street setback; and 3) a 10-foot variance from the required 25-foot street facing garage setback to
create a minimum 15-foot street facing garage setback, for the property located at 1204 Desaix Drive,
bearing the legal description of Lot 26, Block C, Oakmont Subdivision (2020-2-VAR) -- Ethan Harwell,
Senior Planner
ITEM SUMMARY:
Overview of Applicant’s Request:
The applicant is requesting a reduction in the required minimum setbacks for a single-family lot. The
applicant is requesting the reduced setbacks to shift the home away from a steep drop off created by the
grading of the lot along the northern portion of the subject property. In their letter of intent the applicant
states that the standard setbacks make the lot more difficult to build on and would not allow space for the
house to have a backyard.
Staff’s Analysis:
Staff has reviewed the request in accordance with the Unified Development Code (UDC) and other
applicable codes. Staff has determined that the proposed request fully complies with 3 of the 7 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 (UDC), all property owners within 300 feet of the subject
property were notified of the request (16 notices mailed), a legal notice advertising the public hearing was
placed in the Sun Newspaper (August 2, 2020) and signs were posted on-site. As of the publication date
of this report, staff has received 2 written comments in favor and 1 in opposition of the request.
FINANCIAL IMPACT:
None. The applicant has paid the required application fees.
SUBMITTED BY:
Ethan Harwell, Senior Planner
ATTACHMENTS:
Description Type
2020-2-VAR - ZBA Staff Report Cover Memo
Exhibit 1 - Location Map Exhibit
Exhibit 2 - Letter of Intent Exhibit
Exhibit 3 - Conceptual Plan Exhibit
Page 9 of 50
Exhibit 4 - Public Comment Exhibit
Presentation Presentation
Page 10 of 50
Zoning Board of Adjustment
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 1 of 8
Report Date: August 14, 2020
Case No: 2020-2-VAR
Project Planner: Ethan Harwell, Senior Planner
Item Details
Project Name: 1204 Desaix Drive
Project Location: 1204 Desaix Drive, within City Council District No. 3.
Legal Description: Lot 26, Block C, Oakmont Subdivision
Applicant: Village Custom Homes LLC, c/o Keith Spears
Property Owner: James & Elizabeth Ward
Request: Zoning Variance from the minimum setback requirements of Unified
Development Code Section 6.02.050.A for the Residential Single-Family (RS)
zoning district to allow for a 5-foot reduction in the front setback to create a
minimum 15-front setback, a 3-foot reduction in the required side street setback
to create a minimum 12-foot side street setback, and a 10-foot reduction in the
required street facing garage setback to create a minimum 15-foot street facing
garage setback.
Case History: This is the first public hearing of this request.
0.5 mi. to Williams Drive
0.25 mi. to Booty’s Crossing
Page 11 of 50
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 2 of 8
Overview of Applicant’s Request
The applicant is requesting a reduction in the required setbacks for a single-family lot. The applicant is
requesting the reduced setbacks in order to shift the home away from a steep drop off created by the
grading of the lot.
Site Information
Location:
The subject property is the northern most lot in the recently developed Oakmont neighborhood
between Williams Drive and Booty’s Crossing. The lot is located between three streets – Desaix Drive,
Clair Lane, and Country Road (which is currently a stub for future extension).
Project History:
The subject property was platted as a part of the Oakmont Subdivision in a plat recorded on June 29,
2018. On May 28, 2020 a residential building permit was issued for the subject property to permit a
home with the same floorplan within the standard setbacks. This permit did have one mistake – the
side street setback was incorrectly identified as 10-feet instead of 15-feet. Later, on June 15, 2020 the
applicant submitted an update to the building permit with a new plot plan showing further
encroachments into the standard setbacks. Construction has begun on the updated plans without the
issuance of a building permit. The approval of the permit is pending based on the status of this zoning
variance request.
Physical and Natural Features:
The subject property has a unique pentagonal shape that has frontage on three streets. The subject
property itself is relatively flat, but as illustrated in the grading plan from the subdivision construction
plans there is a ridge (of height varying from 4’ to 8.5’) along the rear property line to the north. This
Page 12 of 50
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 3 of 8
ridge was created when the subdivision was graded to accommodate requirements for stormwater
drainage.
Future Land Use and Zoning Designations:
The subject property has a Future Land Use Designation of Mixed Density Residential and is currently
zoned Residential Single-Family (RS).
Surrounding Properties:
The subject property is located on the northern border of a recently developed single-family
neighborhood called Oakmont. The properties surrounding Oakmont are sporadically developed
mostly with single-family neighborhoods. Some large tracts of undeveloped property still remain.
The current zoning, Future Land Use designation, and existing uses of the adjacent properties to the
north, south, east and west are outlined in the table below:
Finished Floor Elevation:
803.5 feet
Natural Elevation:
801 feet
Developed Elevation:
804.5 feet
Natural Elevation:
792 feet
Developed Elevation:
796 feet
Page 13 of 50
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 4 of 8
DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE
North N/A - ETJ Mixed Density
Neighborhood/Open Space Single-Family Home
East Residential Single-
Family
Mixed Density
Neighborhood/Open Space
Open Space
South Residential Single-
Family
Mixed Density
Neighborhood Single-Family Home
West Residential Single-
Family
Mixed Density
Neighborhood Undeveloped Lot
Approval Criteria
The following is the pertinent section of the Unified Development Code (UDC) related to this request:
• Section 6.02.050.A – Lot and Dimensional Standards of the Residential Single-Family (RS)
zoning district.
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 in accordance with UDC Section 3.15.030,
which states:
Required Findings
The Zoning Board of Adjustment may authorize a variance from the requirements of the zoning
provisions of the UDC 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 required findings established in UDC Section 3.15.030.A.
Staff has reviewed the submitted Zoning Variance request in accordance with the UDC and other
applicable codes. Staff has determined that the request complies with 3, partially complies with 3, and
does not comply with 1 of the 7 required findings established in UDC Section 3.15.030.A for a Zoning
Variance as outlined below.
ZONING MAP VARIANCE APPROVAL CRITERIA
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 Zoning 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.
Partially Complies
The subject lot is affected by special topographic conditions and geometry that creates challenges
when designing and placing on a building on the lot.
Page 14 of 50
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 5 of 8
ZONING MAP VARIANCE APPROVAL CRITERIA
During construction of the subdivision, the subject lot was graded so that the entirety of the lot was
at the same grade as the roadway in front of the lot. The more gentle slope on which this lot sat
prior to development was regraded to create a large, steep slope at the rear of the lot. This slope is
approximately 5 feet in height and 4 feet wide.
While the subject lot meets all the minimum lot area and width standards of the Residential Single-
Family (RS) zoning district, it possesses a non-rectangular shape corner lot that is not generally
accounted for the UDC setback regulations. The UDC setbacks are easily interpreted and
implemented on regular shaped lots or more triangular shaped lots (common around culs-de-sac)
that have one street frontage. On non-rectangular and shallow lots with multiple street frontages
the UDC setbacks can pose extra difficulty in placing a structure due to the amount of area that it
may be restricted as a result of the minimum required setbacks. The subject property has frontage
on three streets and shared property line with one neighbor.
The irregular shape of the lot and the topography of the lot do pose constraints on whatever is
constructed on the lot, but it is still possible to construct a single-family home on the property
within the standard setbacks.
2. No Substantial Detriment
That the granting of the Zoning 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.
Complies
The subject property does not have any neighbors directly adjacent to it and it occupies a corner of
the intersection of Desaix Drive and Clair Lane on its own within the Oakmont Subdivision. North
of its intersection with Clair Ln, Desaix Dr is an approximately 158-foot cul-de-sac with 5 lots on
one side, and the subject property on the other. Because of this, the reduced setbacks along the
street frontages do not pose any apparent detriment to neighboring homes or to the aesthetic
Page 15 of 50
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 6 of 8
ZONING MAP VARIANCE APPROVAL CRITERIA
appeal of the neighborhood. The reduced setbacks do not appear to affect site distance for vehicles
that travel through this intersection.
3. Other Property
That the conditions that create the need for the Zoning Variance do not
generally apply to other property in the vicinity.
Complies
When compared to other lots in this subdivision, the subject lot is unique in the extraordinary
conditions that affect it. No other lots in the subdivision possess the unique shape, shallow depth,
and topography issues that encumber the subject lot.
4. Applicant's Actions
That the conditions that create the need for the Zoning Variance are not
the result of the applicant's own actions.
Partially Complies
The conditions that create the need for the variance are not the result of the applicant’s own actions,
however it is worth noting that the applicant has demonstrated that it is possible to put a single-
family home with the same floorplan on this lot within the bounds of the standard setback
requirements, or a lesser variation than what is being requested.
The drop off on the north side of the lot was created when the Oakmont subdivision was
constructed. The subdivision was graded to control stormwater run off and to provide a cohesive
and accessible development with streets and lots all at reasonable grades in relation to each other.
This drop off was the result of grading based on standard civil engineering practices to control
stormwater run off and flooding.
The concept plan attached to this variance request is the second iteration of this proposed home.
The applicant has already received an approved building permit to construct the same proposed
floorplan in a different configuration on the subject property within the required setbacks. After
that permit was approved the applicant requested a revision to the permit with the proposed
configuration that requires this variance for approval. Since the request for this variance was
submitted, the applicant has begun construction of the home, as proposed in this variance request,
without a building permit.
5. Comprehensive Plan
That the granting of the Zoning Variance would not substantially conflict
with the Comprehensive Plan and the purposes of this Code.
Partially Complies
This request is consistent with the policies from the 2030 Plan Land Use Element and Housing
Element as outlined below:
Policy LU.9. Adopt development practices that preserve and enhance the environment.
The conditions that create the need for the variance were created by standard engineering and
development practices that are designed to reduce the impact of stormwater runoff on property
and to reduce the risk of flooding.
Page 16 of 50
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 7 of 8
ZONING MAP VARIANCE APPROVAL CRITERIA
Policy H.4. Maintain and promote neighborhood character and quality
The granting of this variance would allow for a small backyard of similar size to other homes in the
neighborhood, but it is important to note that no other lots in the Oakmont neighborhood are
encumbered by the same topographical feature that creates the conditions for this variance.
One of the several purposes for setbacks on single-family lots is to help create a consistent and
uniform appearance on residential streets. Neighborhood aesthetics are improved when all of the
homes on a street are placed the same distance from the street. When these front setbacks vary
some homes sit further up on the lot than their neighbors and block views up and down the street.
This is generally not desirable. The subject property is not directly adjacent to another single-family
home where a reduced setback may conflict with the overall look and feel of a block, but this
reduced setback would cause the home on the subject property to interact differently with the street
than other homes in the neighborhood. The home that would be built would appear much closer to
the street than other homes in the neighborhood.
6. Utilization That because of the conditions that create the need for the
Zoning Variance, the application of this Code to the particular piece of
property would effectively prohibit or unreasonably restrict the
utilization of the property.
Does Not Comply
The direct application of the required setbacks on the subject property would still allow for the
construction of a single-family home of a similar size and configuration. The applicant has
demonstrated that this is possible with their original approved building permit.
7. Insufficient Findings
The following types of possible findings do not constitute sufficient
grounds for granting a Zoning 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.
Complies
The applicant is not claiming any insufficient findings as a basis for their request.
While the topography encumbering the site was not created by the applicant, there is not any
straightforward finding that would support a determination where reduced setbacks would be
completely appropriate for this property. The subject property is suitable for development as a single-
family home with a different floorplan or placement on the lot.
Page 17 of 50
Planning Department Staff Report
2020-2-VAR
1204 Desaix Drive Page 8 of 8
Public Notification
As required by the Unified Development Code, all property owners within a 300-foot radius of the
subject property were notified of the Zoning Variance request (16 notices), a legal notice advertising the
public hearing was placed in the Sun Newspaper (August 2, 2020) and signs were posted on-site. To
date, staff has received two written comments in favor, and one written comment in opposition to the
request (Exhibit 4).
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Letter of Intent
Exhibit 3 – Concept Plan
Exhibit 4 – Public Comments
Page 18 of 50
Location
2020-2-VAR
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1
Ethan Harwell
From:
Sent:Wednesday, August 12, 2020 11:53 AM
To:Ethan Harwell
Subject:[EXTERNAL] Project case #2020-2-VAR ZBA date August 18,2020
[EXTERNAL EMAIL]
Good afternoon, Ethan.
First, I would like to introduce myself and spouse, Ira Keith and Carol Bryce, and our address is 308 Brazos drive
in Texas Traditions subdivision.
As we look directly east from our back yard, the lot describe is on the opposite side of the cull-d-sac in Oakmont
with an open lot between us.
After reading the variance letter, We ask, with all the computer applications available, permits required from the
city, prelimary blueprints, etc., how can this many variances be requested? It appears to me that the owners/contractor
is trying to build a home too large for the lot, plus cutting down a oak tree that had been protected since Oakmont has
been developed.
Only an observation, but, I think only because of the good work of the planning dept., and permit checking, this
home may have been built in the utility areas.
WE feel if this great of a variance, passes, what is next? We feel this variance should be rejected, and open to
your thoughts.
Keith Bryce
308 Brazos Drive
Georgetown, Texas 7862
512-508-3108
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1204 Desaix Drive
2020-2-VAR
Zoning Board of AdjustmentAugust 18, 2020
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Item Under Consideration
2020-2-VAR
•Public Hearing and possible action on a request for a Zoning Variance from the minimum setback requirements of Unified Development Code Section 6.02.050.A for the Residential Single-Family (RS) zoning district to allow 1) a 5-foot variance from the 20-foot front setback to create a minimum 15-foot front setback; 2) a 3-foot variance from the 15-foot required side street setback to create a minimum 12-foot side street setback; and 3) a 10-foot variance from the required 25-foot street facing garage setback to create a minimum 15-foot street facing garage setback, for the property located at 1204 Desaix Drive, bearing the legal description of Lot 26, Block C, Oakmont Subdivision.
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Item Under Consideration
2020-2-VAR
•Front Setback
•20’ →15’
•Side Street Setback
•15’ →12’
•Street Facing Garage Setback
•25’ →15’
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Rear Setback10 feet
Street Facing Garage Setback25 ft. →15 ft.
Front Setback20 ft. →15 ft.Side Street Setback15 ft. →10 ft.
Standard Setbacks
Proposed Setbacks
4
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Call-Out Box
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Call-Out Box
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1204 Desaix Drive
•Platted June 1018
•0.278 acres (12,110 sq. ft.)
•1st Building Permit Issued May 28, 2020
•Did include one error –10’sidestreet setback
•2nd Building Permit requested June 15, 2020
•Not issued due to issues with setbacks.
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Natural Elevation:
801 feet
Developed Elevation:
804.5 feet
Natural Elevation:
792 feet
Developed Elevation:
796 feet
Finished Floor Elevation:
803.5 feet
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Zoning Variance
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 from the terms of the zoning provisions is:
•Not contrary to the public interest
•Due to special conditions
•A literal enforcement of the requirements would result in unnecessary hardship
•The spirit of this Code is preserved
•Substantial justice done
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Approval Criteria
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 Zoning 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.
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Approval Criteria
2. No Substantial Detriment
That the granting of the Zoning 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.
3. Other Property
That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity.
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Approval Criteria
4. Applicant’s Actions
That the conditions that create the need for the Zoning Variance are not the result of the applicant's own actions.
5. Comprehensive Plan
That the granting of the Zoning Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code.
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Approval Criteria
6. Utilization
That because of the conditions that create the need for the Zoning Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.
7. Insufficient Findings
The following types of possible findings do not constitute sufficient grounds for granting a Zoning Variance:
•That the property cannot be used for its highest and best use.
•That there is a financial or economic hardship.
•That there is a self-created hardship by the property owner or their agent.
•That the development objectives of the property owner are or will be frustrated.
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Approval Criteria –UDC Section 3.15.030
Criteria for a Variance Complies Partially Complies Does Not Comply
1. Extraordinary Conditions X
2. No Substantial Detriment X
3. Other Property X
4. Applicant’s Actions X
5. Comprehensive Plan X
6. Utilization X
7. Insufficient Findings X
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Public Notifications
•16 property owners within the 300’ buffer
•Notice in Sun News on 8/2
•Signs posted on the property
•To date, staff has received:
•2 written comments IN FAVOR
•1 written comments OPPOSED
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Summary
•Public Hearing and possible action on a request for a Zoning Variance from the minimum setback requirements of Unified Development Code Section 6.02.050.A for the Residential Single-Family (RS) zoning district to allow 1) a 5-foot variance from the 20-foot front setback to create a minimum 15-foot front setback; 2) a 3-foot variance from the 15-foot required side street setback to create a minimum 12-foot side street setback; and 3) a 10-foot variance from the required 25-foot street facing garage setback to create a minimum 15-foot street facing garage setback, for the property located at 1204 Desaix Drive, bearing the legal description of Lot 26, Block C, Oakmont Subdivision.
•A supermajority (3/4) vote of the Board is required to grant a Variance.
•When making a motion, the Board must make a finding of the criteria.
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0
Rear Setback10 feet
Street Facing Garage Setback25 ft. →15 ft.
Front Setback20 ft. →15 ft.
Side Street Setback15 ft. →10 ft.
Standard Setbacks
Proposed Setbacks
20
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