HomeMy WebLinkAboutMinutes_ZBA_04.20.2021City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, April 20, 2021 at 5:00 p.m.
Teleconference Meeting: http://bit.ly/3eLI5vd
The regular meeting convened at 5:OOPM on April 20, 2021 `via teleconference at:
http://bit.ly/3eLI5vd. Webinar ID: 994 6500 4449. To participate by phone: Call -In Number:
346.248.7799 or Toll Free 833.548.0282. Password: 498019. Public Comment was allowed via the
conference option; no in -person input was allowed.
Commissioners present: John Marler, Chair; Kaylah McCord; Ed Whitmore; Stephaney Lafears
Commissions absent: Deb Meyer; Tim Haynie, Travis Perthuis
Staff Present: Andreina Davila -Quintero, Current Planning Manager; Sofia Nelson, Planning Director;
Ethan Harwell, Senior Planner and Stephanie McNickle, Planning Specialist
Chair Marler called the meeting to order at 5:08 p.m.
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. Nomination and selection of Vice -chair for the 2021-22 year.
Motion by Whitmore to nominate McCord to serve as Vice -chair for the Zoning Board of
Adjustment 2021-22. Second by Chair Marler. Approved. (4-0)
B. Nomination and selection of Secretary for the 2021-22 year.
Motion by McCord to nominate Whitmore to serve as Secretary for the Zoning Board of
Adjustment 2021-22. Second by Chair Marler. Approved. (4-0)
Nomination by McCord to nominate
C. Discussion and possible action to approve meeting time, date and place for 2021-22 year.
Motion by Chair Marler to continue meeting the same time, date and place for 2021-22. Second
by Whitmore. Approved. (4-0)
D. Consideration and possible action to confirm the bylaws for the Zoning Board of Adjustment —
Sofia Nelson, CNU-A, Planning Director
Motion L-y Chair Marler to approve the bylaws for the Zoning Board of Adjustment. Second by
Whitmore. Approved. (4-0)
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.
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April 20, 2021
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
httg:Lgoverranent.georgetown.org/categoU/boards-commissions/.
E. At the time of posting, no persons had signed up to address the Board.
Legislative Regular Agenda
F. Consideration and possible action to approve the minutes from the January 19, 2021 regular
meeting of the Zoning Board of Adjustment -- Mirna Garcia, Management Analyst.
Motion by Whitmore to approve the minutes from the January 19, 2021 meeting. Second by
McCord. Approved. (4-0)
G. Public Hearing and possible action on a request for a Zoning Variance from UDC Section
6.05.010.0 for an 11.5% increase from the 25% of the principal structure maximum size
requirement for an accessory structure to allow an accessory structure that is 36.5% of the size of
the principal structure, for the property located at 500 Toledo Trail, bearing the legal description
of Lot 22, Block 4, Serenada East Unit 2 (2021-4-VAR) -- Ethan Harwell, Senior Planner
Staff report by Ethan Harwell. The Applicant is requesting a variance from the maximum size
requirement to allow the construction of an accessory structure in the rear yard of a single-
family home that would be 11.5% larger than what is allowed by the UDC (25% of the size of
the primary structure ). The applicant intends to use the accessory structure as a Guest House.
A "Guest House" is defined by UDC Section 16.02 as "an attached or detached accessory
building used to house guests of the occupants of the principal building, which is never rented
or offered for rent, and does not contain a kitchen."
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 request in accordance with the Unified Development Code (UDC) and
other applicable codes. Staff has determined that the proposed request complies with 3 of the 7
the criteria established in UDC Section 3.15.030 for a Zoning Variance.
Staff stated in general the variance request does not substantially conflict with UDC guidelines
on the size of accessory structure nor would it create any nuisance or conflict with other
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April 20, 2021
requirements. However, there is no substantial site constraint or condition that is requiring the
Applicant to build such a large accessory structure.
Chair Marler invited the applicant to speak. Craig Schmidt, 500 Toledo explained to the Board
the reason for his application. He is requesting for his guest house to be 646 sq ft and it will be a
nice structure. Mr. Schmidt stated the structure will not affect adjacent properties or people in a
negative way.
The Board reviewed the letter of intent from the applicant.
Chair Marler opened the Public Hearing.
Debbie Dobernecki 504 Toledo Trail had several comments directed towards staff regarding
the property located at 500 Toledo. Staff stated they will be glad to review with her.
Chair Marler closed the Public Hearing.
Motion by Whitmore to approve the variance due to
1) Extraordinary Conditions- the house being on the corner lot and setbacks,
2) No Substantial Detriment- the application complies.
3) Other Property- it does not affect other properties.
4) Applicant's Actions- not caused by anything the applicant did.
5) Comprehensive Plan- application complies.
6) Utilization — it complies partially.
7) Insufficient Findings- the application complies.
Second by Chair Marler.
McCord stated she would like to support the variance and it creates no detriment to the
neighborhood. However, the application does not meet the 7 criteria's and the property does
not present extraordinary conditions. It feels like the applicant just wants a bigger accessary
structure and it could potentially open the door for anyone to apply for another residence on a
larger lot.
lot I t 2-1
John Marler, Chair Attest, 1 orc-76ecretarvy
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April 20, 2021