HomeMy WebLinkAboutAgenda_ZBA_09.21.2021Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
September 21, 2021 at 5:00 PM
at City Council Chambers - 510 West 9th 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 808 Martin
Luther King Jr. Street, Georgetown, TX 78626 for additional information; TTY users route through Relay
Texas at 711.
This Board is now meeting in-person with a quorum present and public is
welcome to attend. If special accommodations are needed, please reach out to
the staff liaison, Stephanie Mcnickle, at stephanie.mcnickle@georgetown.org
or (512)930-3578 for assistance.
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/.
A At the time of posting, no persons had signed up to address the Board.
Legislative Regular Agenda
B Consideration and possible action to approve the minutes from the August 17, 2021 regular meeting of the
Zoning Board of Adjustment -- Stephanie Mcnickel, Planning Technician
C Public Hearing and possible action on a Zoning Variance from UDC Sec. 6.05.010.C to allow an
840 sq. ft. accessory structure, a 46% increase over the maximum allowed size of 574.5 sq. ft., for the
property located at 1103 E. 7th Street, bearing the legal description of 0.518 acres, being part of Outlots 6
& 7, Division C (VAR-2021-10). Britin Bostick, Downtown & Historic Planner
Adjournment
Certificate of Posting
Page 1 of 34
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 _________________, 2021, at
__________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said
meeting.
__________________________________
Robyn Densmore, City Secretary
Page 2 of 34
City of Georgetown, Texas
Zoning Board of Adjustment
September 21, 2021
SUBJECT:
Consideration and possible action to approve the minutes from the August 17, 2021 regular meeting of the
Zoning Board of Adjustment -- Stephanie Mcnickel, Planning Technician
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Mirna Garcia, Program Manager
ATTACHMENTS:
Description Type
Minutes Cover Memo
Page 3 of 34
Planning & Zoning Commission Minutes Page 1 of 3 August 17, 2021
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, August 17, 2021 at 5:00 p.m.
Courts and Council Building, located at 510 W. 9th Street, Georgetown, TX 78626
Board members resent: John Marler, Chair; Kaylah McCord; Ed Whitmore; Stephaney Lafears
Board members in training present: Joseph Digiacomo; Tim Haynie
Board members absent: Travis Perthuis
Staff Present: Sofia Nelson, Planning Director; Ethan Harwell, Senior Planner; Ryan Clark, Planner
and Stephanie McNickle, Planning Specialist
Chair Marler called the meeting to order at 5:00 p.m.
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/.
A. At the time of posting, no persons had signed up to address the Board.
Legislative Agenda
B. Consideration and possible action to approve the minutes from the June 15, 2021 regular
meeting of the Zoning Board of Adjustment -- Mirna Garcia, Program Manager
Motion by Board member McCord to approve the minutes for June 15, 2021. Second by Board
member Whitmore. Approved. 4-0.
C. Public Hearing and possible action on a Zoning Variance: from UDC Sec. 7.02.030.B.1 to allow
the drive-thru lane to encroach 5.8’ into the required 25’ front setback on Lot 4-B; and from
UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6’ into the required 25’
front setback on Lot 4-B; and from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to
encroach 5.5’ into the required 25’ front setback on Lot 4C; for the property located at 1031 &
1035 W. University Avenue, bearing the legal description of Lot 4-B, Resubdivision of Wolf
Page 4 of 34
Planning & Zoning Commission Minutes Page 2 of 3 August 17, 2021
Ranch, Block A, Lot 4; and Lot 4C, Wolf Ranch Subdivision, a Resubdivision of Block A, Lot 4-C
(VAR-2021-9). Ethan Harwell, Senior Planner
Staff report by Harwell. The applicant is requesting approval of variances to allow the
expansion of the current single-lane drive-thru lane to a two-lane drive-thru, as well as the
installation of a new canopy structure located at the point of ordering, and an encroachment of
the new parking lot drive aisle into the street setback to align the pavement of the parking lot
drive aisle with the outer drive-thru lane to enable an exit from the drive-thru. The applicant is
proposing the expansion of the drive-thru lanes to address the volume of customers for the
business and is proposing the additional parking area in conjunction with a proposed building
addition.
Chair Marler invited the applicant to speak to the Board.
The applicant stated the proposed changes will reduce traffic overflow to the street and will
improve customer service along with being good neighbors to adjacent businesses.
Chair Marler open the Public Hearing. No one came forward, the Public Hearing was closed.
Motion by Board member McCord to deny the Variance due to it not complying with the
approval criteria, UDC Section 3.15.030.
1) Extraordinary Conditions- Does not comply.
2) No Substantial Detriment- The application complies.
3) Other Property- Partially Complies.
4) Applicant’s Actions- Partially Complies.
5) Comprehensive Plan- Partially complies.
6) Utilization – Does not comply.
7) Insufficient Findings- Partially Complies.
Motion was not seconded. Motion failed.
Motion by Board member Whitmore to approve the Variance due to it complies with the
approval criteria, UDC Section 3.15.030.
1) Extraordinary Conditions- Does Comply.
2) No Substantial Detriment- Does Comply.
3) Other Property- Does Comply.
4) Applicant’s Actions- Does Comply.
5) Comprehensive Plan- Does Comply.
6) Utilization – Does Comply.
7) Insufficient Findings- Does Comply.
Staff informed the Board a super majority is needed to approve the motion due to 4 members
present. Staff stated a vote of 4-0 in favor is needed to approve the variance.
The Motion was Second by Board member Gipson Lafears. Denied. (3 approved-1 denied)
Super majority was needed due to quorum.
Page 5 of 34
Planning & Zoning Commission Minutes Page 3 of 3 August 17, 2021
D. Public Hearing and possible action on a request for a Zoning Variance from PUD Ordinance
2017-31 for the street setbacks to be reduced from 25 feet to 10 feet, a 60% decrease, for the
properties located at 5514 and 5549 N Mays Street, bearing the legal description of 2.187 acres
and 1.467 acres out of the B.C. Low Survey (2021-8-VAR) – Ryan Clark, Planner
Staff report by Clark. The applicant is requesting a variance for the street setback requirement of
25 feet set by PUD Ordinance 2017-31 to be reduced to 10 feet on the portions of the properties
that front N Mays Street, a 60% decrease from the requirement. The applicant intends to
develop the property 10 feet from the property line. They stated that the subject properties are
too narrow for development with a 25-foot setback.
Chair Marler invited the applicant to speak to the Board. The applicant was absent.
Chair Marler opened the Public Hearing. No one came forward, the Public Hearing was closed.
Motion by Board member Whitmore to deny the Variance due to it does not comply with the
approval criteria, UDC Section 3.15.030.
1) Extraordinary Conditions- Does not Comply.
2) No Substantial Detriment- Does not Comply.
3) Other Property- Partially Complies.
4) Applicant’s Actions- Does not Comply.
5) Comprehensive Plan- Does not Comply.
6) Utilization – Does not Comply.
7) Insufficient Findings- NA.
Second by Board member Gipson Lafears. Denied. (4-0)
Motion to adjourn at 5:43p.m.
____________________________________ ____________________________________
John Marler, Chair Attest, Ed Whitmore, Secretary
Page 6 of 34
City of Georgetown, Texas
Zoning Board of Adjustment
September 21, 2021
SUBJECT:
Public Hearing and possible action on a Zoning Variance from UDC Sec. 6.05.010.C to allow an 840
sq. ft. accessory structure, a 46% increase over the maximum allowed size of 574.5 sq. ft., for the property
located at 1103 E. 7th Street, bearing the legal description of 0.518 acres, being part of Outlots 6 & 7,
Division C (VAR-2021-10). Britin Bostick, Downtown & Historic Planner
ITEM SUMMARY:
Overview of Applicant’s Request:
The applicant is requesting approval of a variance from the limit on the size of accessory structures to
allow for a 24’ x 35’ or 840 sq. ft. garage and personal hobby shop to be constructed on the subject
property. Based on the size of the existing main structure the maximum size allowed for accessory structure
on the property is 574.50 sq. ft. or 25% of the size of the main structure, although garage structures are
allowed up to 600 sq. ft. in size. The subject property has a 22,657 sq. ft. lot with a large and open back
yard which provides space for the accessory structure without encroaching into setbacks or exceeding
impervious cover limits. The applicant asserts that due to the size of the lot and surrounding features, the
additional size of the structure would have limited visibility from the street and surrounding properties and
would not hinder adjacent uses.
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 meets 1 of the 7 criteria established in
UDC Section 3.15.030 as outlined in the attached Staff Report.
Public Comments:
As required by the Unified Development Code (UDC), all property owners and registered neighborhood
associations within 300-feet of the subject property were notified of the request (22 notices mailed), a legal
notice advertising the public hearing was placed in the Sun Newspaper on September 5, 2021 and signs
were posted on-site. As of the publication date of this report, staff has received 0 written comments in
favor and 2 in opposition to the request.
FINANCIAL IMPACT:
None. The applicant has paid the required application fees.
SUBMITTED BY:
Britin Bostick, Downtown & Historic Planner
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Exhibit 1 - Location Map Backup Material
Exhibit 2 - Letter of Intent Backup Material
Exhibit 3 - Conceptual Plan Backup Material
Page 7 of 34
Exhibit 4 - Public Comments Backup Material
Staff Presentation Presentation
Page 8 of 34
Zoning Board of Adjustment
Planning Department Staff Report
2021-10-VAR
Adding Workshop to Erwin Property Page 1 of 5
Report Date: September 17, 2021
Case No: 2021-10-VAR
Project Planner: Britin Bostick, Downtown & Historic Planner
Item Details
Project Name: Adding Workshop to Erwin Property
Project Location: 1103 E. 7th Street, within City Council district No. 7.
Legal Description: 0.518 acres, being part of Outlots 6 & 7, Division C
Applicant: Moore Liberty Buildings, c/o Chad Moore
Property Owner: Fred & Carol Erwin
Request: Zoning Variance from UDC Section 6.05.010.C to allow for an 840 sq. ft.
accessory structure, 265.5 sq. ft. more than the maximum size allowed for
residential accessory structures based on the size of the principal structure.
Case History: This is the first public hearing of this request.
Page 9 of 34
Planning Department Staff Report
2021-10-VAR
Adding Workshop to Erwin Property Page 2 of 5
Overview of Applicant’s Request
The applicant is requesting approval of a variance from the limit on the size of accessory structures to
allow for a 24’ x 35’ or 840 sq. ft. garage and personal hobby shop to be constructed on the subject
property. Based on the size of the existing main structure the maximum size allowed for accessory
structure on the property is 574.50 sq. ft. or 25% of the size of the main structure, although garage
structures are allowed up to 600 sq. ft. in size. The subject property has a 22,657 sq. ft. lot with a large
and open back yard which provides space for the accessory structure without encroaching into setbacks
or exceeding impervious cover limits. The applicant asserts that due to the size of the lot and
surrounding features, the additional size of the structure would have limited visibility from the street
and surrounding properties and would not hinder adjacent uses.
Site Information
Location:
The subject property is located on E. 7th Street between Maple Street and Smith Creek Road. It is
approximately one block north of the Southwestern University campus.
Physical and Natural Features:
Abutting the subject property to the north is the International Order of Odd Fellows Cemetery.
Future Land Use and Zoning Designations:
The subject property has an Institutional Future Land Use designation and is currently zoned
Residential Single-Family.
Surrounding Properties:
Surrounding properties include primarily residential single-family properties to the east, south and
west, as well as the Odd Fellows Cemetery to the north and east and the Southwestern University
campus to the south. The former MKT rail line, which is now operated by the Union Pacific Railroad
Company, borders the surrounding area to the west and north.
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:
DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE
North Residential Single-
Family Institutional Cemetery
South Residential Single-
Family, PUD Institutional Residential Single-Family,
University Campus
East Residential Single-
Family Institutional Residential Single-Family,
Cemetery
West Residential Single-
Family Institutional Residential Single-Family
Page 10 of 34
Planning Department Staff Report
2021-10-VAR
Adding Workshop to Erwin Property Page 3 of 5
Approval Criteria
The following are the pertinent sections of the Unified Development Code (UDC) related to this request:
• Section 3.15.030 – Criteria for Zoning Variance Review
• Section 6.02.050 – Residential Development Standards, RS – Residential Single-Family District
• Section 6.05.010 – Accessory Structures, Garages, and Carports
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 stated:
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 1, partially complies with 1, and
does not comply with 5 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
Does Not
Comply
Page 11 of 34
Planning Department Staff Report
2021-10-VAR
Adding Workshop to Erwin Property Page 4 of 5
ZONING MAP VARIANCE APPROVAL CRITERIA
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.
The site does not present extraordinary conditions or unique features such that a strict application
of the size limit for accessory structures would be an unreasonable restriction on the use of the
property.
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
As the proposed accessory structure would not encroach into setbacks, exceed or nearly exceed
impervious cover limits, and does not interfere with the use of adjacent or nearby properties, the
request presents no substantial detriment.
3. Other Property
That the conditions that create the need for the Zoning Variance do not
generally apply to other property in the vicinity.
Does Not
Comply
The requested accessory structure size is over the size limit that applies to all residential properties
in the City of Georgetown, including other properties in the vicinity. The size allowance for
accessory structures is based on the size of the main structure, not the size of the lot or property,
and two car garages are permitted to be up to 600 sq. ft. in excess of the 25% size allowance when
the main structure is less than 2,400 sq. ft. The subject property lot is larger in size than most of the
residential properties in the vicinity, however the main structure is similar in size to those on
surrounding properties.
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.
Does Not
Comply
The need for the zoning variance is the result of the applicant’s desire for an accessory structure
that exceeds the size limit established by the Unified Development Code. The applicant is able to
construct an accessory structure for a garage and hobby shop without approval of a zoning
variance, however that structure would be smaller than the applicant prefers.
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
Allowing for the accessory structure size requested by the applicant would not conflict with the
Comprehensive Plan, however the purpose of the Code is to limit the size of residential accessory
structures, including garages, to a size substantially smaller than the size of the main structure,
Page 12 of 34
Planning Department Staff Report
2021-10-VAR
Adding Workshop to Erwin Property Page 5 of 5
ZONING MAP VARIANCE APPROVAL CRITERIA
without allowance for an increase in size according to lot or property size.
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
Without the granting of a zoning variance the applicant is still able to construct an accessory
structure to be used as a hobby shop, albeit with a smaller footprint than is currently requested. The
applicant is also able to construct two separate structures, one to be used as a garage and one to be
used as a hobby shop, as the number of accessory structures is not limited unless the structures
would cover more than 30% of the rear yard.
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.
Does Not
Comply
The size limit for accessory structures presents a frustration to the objectives of the property owner
for a larger accessory structure to accommodate two vehicles and a hobby shop area, however the
limit is generally applicable to residential properties in Georgetown.
Although the proposed increase in allowed size for the proposed accessory structure is not anticipated
to cause detriment to the subject property or surrounding properties, the site does not have special
conditions not generally applicable to residential other properties that would limit the use of the
property, and the property owner has an option to build an additional accessory structure to meet the
total desired square footage without requiring the approval of a variance.
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 (22 notices), a legal notice advertising the
public hearing was placed in the Sun Newspaper on September 5, 2021 and signs were posted on-site.
To date, staff has received 0 written comments in favor, and 2 in opposition to the request.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Conceptual Plan
Exhibit 3 – Letter of Intent
Exhibit 4 – Public Comment
Page 13 of 34
Location
2021-10-VAR
Exhibit #1
E 3RD ST
M
A
P
L
E
S
T
E 4TH ST
E 5TH ST
E 6TH ST
E 7TH ST
E 3R
D
ST
R
E
T
R
E
A
T
P
L
PI
N
E
S
T
E3 R D ST
HO
L
L
Y
S
T
W
I
N
D
R
I
D
G
E
V
IL
L
A
G
E
C
V
HO
L
L
Y
S
T
S
MI
T
H
C
R
E
E
K
R
D
O
L
I
V
E
S
T
WESLEYANDR
RETREAT
P
L
E 8TH ST
0 200100
Feet
¯
Site
Parcels
Page 14 of 34
1
Application re-submittal date: July 7, 2021
OWNERS:FRED AND CAROL ERWIN
Property Address:
1103 E 7th St
Georgetown, Tx 78626
APPLICANT: CHAD MOORE
Moore Liberty Buildings
9750 W SH 29 Unit 1, Liberty Hill, TX 78642
512-942-9717 (m)
512-942-9717 (o)
chad@moorelibertybuildings.com
LETTER OF INTENT
Fred and Carol Erwin have retained Moore Liberty Buildings to submit this application for a zoning variance to add
a 24’ wide x 35’ long (840 square foot workshop) in his back yard to use as a personal hobby shop. The Property
Owner Consent Forms are attached.
Type and Amount of Variance:
• We are requesting a variance to UDC Sec. 6.05.010.C to allow an increase of 265.5 sq. ft. over the allowed 574.5 sq.
ft., which is a 46% increase over the accessory structure size limit of 25% of the main structure, which is 2,298 sq. ft.
• There is currently no building in existence. This application is to request a building of desired size be
allowed on the owner’s property.
How the request meets approval criteria:
• Extraordinary Conditions:
The lot in question is narrow and long. At 22,657 sq ft it has a large, open back yard. The house sits on
the front edge near the street leaving the entire backyard open for use.
The western and northern property lines have trees and/or bushes along them which limit the sight lines
into the lot. (See below for further discussion of no substantial detriment) Plus the lot backs up to a
cemetery which is extraordinary since there is no one living there to find issue with the proposed
workshop.
The proposed size of the new workshop easily fits in the back yard and will not encroach on the property
line setbacks, the main residence, or any other residences on adjoining properties.
Thus, a strict application of the code, restricting the Erwins to a smaller size, does deprive the applicant of
reasonable property use given the size and layout of the lot and the surrounding properties.
Page 15 of 34
2
• No substantial Detriment:
The new building will be in the back yard view of all surrounding properties. It will not obstruct any views
from houses, nor will it exceed the impervious cover allowance. Once houses are built on the adjoining
empty lots, it will likely not be visible from any street. (See attached lot plat)
The new workshop will not hinder anyone from using their own property in any way they so choose, nor
will it impose any safety issue on the public.
The gable end of the new structure will face the front of the lot and since it is set so far back behind the
house, it will not be visible from 7th street since the height of the primary residence as determined by UDC
Sec. 6.04.030.A.1is 14.75’ and the new structure will only be 14’, thus meeting the height requirements
set forth under UDC Sec. 6.02.050.D.3.
• Other Property:
o The lot to the west (1101 E 7th) is bordered with tall trees such that the building will be blocked
from view from the residence on that lot. That lot also has an assortment of accessory buildings
already in place with many trees that would prevent a larger building from going in.
o The lot to the north is a cemetery.
o The lot to the east (1105 E 7th) is shallow, small and will not fit a large building.
o The two empty lots on the hammerhead T of Retreat Place are small and will not be able to
accommodate a larger building like this.
• Applicant’s Actions:
The applicant is applying for the variance before any building has commenced and has taken no action
that requires the variance.
• Comprehensive Plan:
This is a simple variance of approving a slightly larger than standard accessory building on an amply
sized lot. This is for personal, non-commercial use, thus there is no conflict with the comprehensive plan.
The use of the land is not being altered from its residential use.
• Utilization:
Having touched on this under the Extraordinary Conditions point, Mr. Erwin has his personal reasons for
desiring a workshop of this size. He wants to be able to house two vehicles in it and needs the 35’ length
to be able to get the cars in side by side and have space for tools and cabinets around them. Restricting
this to the 574.5 sq ft would make this a single car garage. On this piece of property, given the foregoing
evidence, this seems to be an unreasonable restriction for the desired utilization.
• Insufficient Findings:
o None of these points apply: Not asking for a change of use for the property, no financial hardship,
no self-created hardship, not changing the lot size, designation or type of development.
Addenda:
• Conceptual plan
• Property Owner Consent Forms
Page 16 of 34
3
1103 E 7TH ST, GEORGETOWN, TX 78626 CONCEPTUAL PLAN:
S4322 - Outlot Division C, BLOCK 6-7(PTS), ACRES 0.518
OWNERS:FRED AND CAROL ERWIN
Property Address:
1103 E 7th St
Georgetown, Tx 78626
APPLICANT: CHAD MOORE
Moore Liberty Buildings
9750 W SH 29 Unit 1, Liberty Hill, TX 78642
512-942-9717 (m)
512-942-9717 (o)
chad@moorelibertybuildings.com
Map Overlays- Property is outside Old Town and Downtown Districts
Page 17 of 34
4
Zoning Overlay – Property is zone Single Family Residential. No change is requested.
The mockup below shows the proposed shape and size of the accessory structure:
The location outline of the proposed shop is on the next page shown by the labeled square on the property survey.
Page 18 of 34
Existing Houseis 2298 Sq ft
2298 sq ft
Shop to be set back
10' from property line
Page 19 of 34
Page 20 of 34
Page 21 of 34
1
Adding Workshop to Erwin
Property
2021-10-VAR
Zoning Board of AdjustmentSeptember 21, 2021
Page 22 of 34
2
Item Under Consideration
2021-10-VAR
•Public Hearing and possible action on a Zoning Variance from UDC Sec. 6.05.010.C to allow an 840 sq. ft. accessory structure, a 46% increase over the maximum allowed size of 574.5 sq. ft., for the property located at 1103 E. 7th Street, bearing the legal description of 0.518 acres, being part of Outlots 6 & 7, Division C (VAR-2021-10).
Page 23 of 34
3
Southwestern University
I. O. O. F. Cemetery
Page 24 of 34
4
Southwestern University
I. O. O. F. Cemetery
Page 25 of 34
5Page 26 of 34
6
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
Page 27 of 34
7
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.
Page 28 of 34
8
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.
Page 29 of 34
9
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.
Page 30 of 34
10
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.
Page 31 of 34
11
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
Page 32 of 34
12
Public Notifications
•22 property owners within the 300’ buffer
•Notice in Sun News on September 5, 2021
•Sign posted on the property
•To date, staff has received:
•0 written comments IN FAVOR
•2 written comments OPPOSED
Page 33 of 34
13
Summary
•Public Hearing and possible action on a Zoning Variance from UDC Sec. 6.05.010.C to allow an 840 sq. ft. accessory structure, a 46% increase over the maximum allowed size of 574.5 sq. ft., for the property located at 1103 E. 7th Street, bearing the legal description of 0.518 acres, being part of Outlots 6 & 7, Division C (VAR-2021-10).
•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.
Page 34 of 34