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HomeMy WebLinkAboutMinutes_ZBA_07.19.2005Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, July 19, 2005 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , July 19, 2005. Members Present: Danny Swafford, Chair; Rick Vasquez, alternate; Jim Jarvis, alternate; William Moore, alternate; Earl Watson Members Absent: Ann Snell, Audrey McDonald, Don Popejoy Staff Present: Bobby Ray, Chief Development Planner; Karen Frost, Recording Secretary Minutes Regular Meeting RECORD OF ACTION ZONING BOARD OF ADJUSTMENT CITY OF GEORGETOWN, TEXAS (July 19, 2005) CASE NUMBER: VAR 2005-006 LOCATION: 4909 Williams Dr. LEGAL DESCRIPTION: Lot 2 & 3 of the W.D.Ischy Subdivision PROPERTY OWNER: Colonial Commercial Management, Inc. PROPOSED PROJECT: Variance from UDC Section 8.06.060.E.1 to allow the placement of a portion of a Detention Pond within the 25’ Gateway Overlay Buffer in conjunction with the future development of an office park consisting of five detached office buildings. WHEREAS, Charlotte Amato on behalf of Colonial Commercial Management, Inc., the property owners, requested a variance to the Unified Development Code (UDC) for Lots 2 and 3 of the W.D. Ischy Subdivision located at 4909 Williams Drive; and WHEREAS, a public hearing on this request was held by the Zoning Board of Adjustment of the City of Georgetown, Texas, on July 19, 2005, after due notice and publication as required pursuant to Section 3.03 of the City Unified Development Code (UDC); and WHEREAS, at said hearing, all persons desiring to offer comments before the Board were afforded the opportunity to do so; and WHEREAS, all testimony and supplemental material presented to the Board were carefully considered; and WHEREAS, Jim Jarvis made a motion to Approve a variance to Section 8.06.060.E.1. (“Shared Design Standards”, “Utilities”) of the Unified Development Code (UDC) to allow the placement of a portion of a Detention Pond within the 25’ Scenic / Natural Gateway Overlay Buffer; WHEREAS, said motion was seconded by Earl Watson; and WHEREAS, said motion was supported by the following vote: IN FAVOR Swafford, Vasquez, Jarvis, Moore, Watson OPPOSED None ABSENT Snell, McDonald, Popejoy WHEREAS, Section 211.009(c)(3) of the State Local Government Code and Section 3.15.040 (B) requires an affirmative vote of 75% of the members of the Board to approve a variance request; and WHEREAS, said motion to Approve the variance request received an affirmative vote of 5-0; and WHEREAS, the variance approval was based upon the following findings of fact as required by Section 3.15.030 of the Unified Development Code: 1.Extraordinary Conditions The topography of the site represents a physical limitation that, in conjunction with the right-of-way reservation along Williams Drive, limits the applicant’s ability to adequately locate and design a detention pond without some encroachment into the 25-foot gateway overlay district. The site is relatively flat with little relief, thereby creating shallow pond conditions requiring more surface area for adequate detention. The applicant could move the adjacent building (Building E) to accommodate the area of the detention pond, however moving the building would necessitate the removal of a stand of existing trees directly behind Building E. 2. No Substantial Detriment The variance does not represent any detriment to the public health, safety, or welfare, or injury to other property in the area in that the proposed detention pond is located adjacent to the Williams Drive right-of-way extending to the south for a limited distance. The proposed retaining wall and detention pond, located adjacent to the southerly property, is permitted outside of the Overlay District buffer and is therefore not a part of this variance request. The area of this facility located within the Overlay District buffer is limited in size (13 feet along the southerly side) and does not represent any potentially negative impact upon the adjacent property. 3. Other Property The conditions that create the need for the variance do not generally apply to other property in the vicinity in that this property is relatively flat topographically, which creates the need for greater detention pond surface area. This condition does not necessarily affect other properties in the vicinity. 4. Applicant’s Actions The conditions that create the need for the variance are the result of the site topography, existing tree stands and the 35-foot right-of-way dedication along Williams Drive. These conditions are not the result of the applicant’s actions. 5. Comprehensive Plan The granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this code in that the degree of encroachment is relatively small given the length of frontage along Williams Drive. Additionally the need for the variance request is, to some extent, derived from compliance with the Comprehensive Plan goals. Specifically the right-of-way dedication, as required by the City’s Overall Transportation Plan, and the preservation of trees as encouraged by the City’s Future Land Use Plan (Goal 11.3). 6. Utilization Because of the conditions that create the need for the variance, the application of this code to the particular piece of property would unreasonably restrict the utilization of the property in that the relatively limited slope of the lot creates a hardship with regards to detention pond location and size. Given the topography of the site more surface land area is required for the detention pond. This larger area, combined with the reservation of right-of-way and the desire to preserve on-site trees, has created the need for the variance request. NOW, THEREFORE BY ORDER OF THE BOARD, a variance to Section 8.06.060.E.1. (“Shared Design Standards”, “Utilities”) of the Unified Development Code (UDC) to allow the placement of a portion of a Detention Pond within the 25’ Scenic / Natural Gateway Overlay Buffer for the property located at 4909 Williams Drive has been approved.