HomeMy WebLinkAboutRES 200822-N7KESOLUTION NO. 44M90?Z_ A/
WHEREAS, the City of Georgetown has received an application for a license to encroach
into a drainage easement; and
WHEREAS, in order for a license to be granted by the City Council of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of Donald Cole III to build a driveway that will
encroach into a portion of the twenty-five (25) foot drainage easement located between Lot 13 and
14, Block U, River Ridge Three, Section B located at 504 and 506 River Down Road, as illustrated
in Exhibit A, the City Council of the City of Georgetown, Texas, finds the following facts:
That there are no utilities which would be interfered with by the utilization of the
property in the proposed manner.
2. That there are no utilities which would interfere with the utilization of the property in
the proposed manner.
3. That the encroachment is in such a manner that it would not be feasible to locate
it outside the drainage easement.
4. That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and is
compatible with other uses in the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific facts as
stated above now concludes and finds that:
The fact that the encroachment is in such a manner that it would not be feasible to
locate it outside the drainage easement constitutes special circumstances and
conditions affecting the property which if not taken into consideration would deprive
the applicant of the reasonable use of their property.
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to locate the encroachment outside the drainage
easement, do provide a basis for granting the license necessary forthe preservation
and enjoyment of the substantial property rights of the applicant.
'00AU A/
River Ridge Three, Section B, Block U, Lot 13 and 14: License Resolution No. 0( - Page 1 of 2
J:XCUR-PLAN\CITYCNCL\LICENSE1200OLICiRiver Ridge 03, Section 8, Block U, Lot 13 8 14 - License - DE(driveway) - resulution.wpd
3. The fact that the use Of the easement area bv the property owner SO long 8sthe
driveway is constructed Of pavers at grade l8V8| does not interfere with the
drainage, utilities or access to the utilities and is not detrimental to the public health,
safety or welfare or injurious to the property in the area; and
WHEREAS, the applicant agrees to accept the terms of the license agreement as
presented to him.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this [SSO|Ubon are
hereby found and declared tObe true and correct, and are incorporated bv reference herein and
expressly made a part hereof, as if copied Ve[b8UrD. The City Council hereby finds that this
n3SO|UtiOD |OOp}8rD8DtS the fO||OVYiOg policies of the Century Plan - Development Plan Element:
Growth and Physical Development Policy 1, which states: "The City will ensure that
fUtUnB |8Dd UBR patterns provide eCO000iC' cultural, and SOCia| activities to all
residents, businesses and O[g8DizabOOs. and the City's deV5|0p[OeOt process
encourages new and iOfiUd8Ve|Dp[OeOt;"and
2. Utilities/Energy Policy 2. which States: "The City will establish utility policies which
take into consideration the needs Of all citizens Of the community and take
necessary precautions to prevent harmful ecological impact to the environment;"
and further liOdS that the adoption of this resolution i3 not inconsistent O[iO conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. The Mayor iS hereby authorized tn execute, and the City Secretary 0Dattest
thereto on behalf of the City of Georgetown a License Agreement with Donald Cole 111, pertaining
to the encroachment Of8 driveway into Q portion of the twenty-five (25) foot drainage 88SeO7gOt
|OC8tBd between Lot 13 and 14. B/OCh []. River Ridge Three, Section B located at 504 and 508
FliVeF [}OYVO Road, as illustrated in Exhibit A, as i||USt[8h3d in Exhibit
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day Of 2000.
ATTE T CITY OF GE R;E OWN:
City Secretary Mayor
APPROVED AS TO FORM:
City Attorney
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