HomeMy WebLinkAboutRES 200822-ORESOLUTION NO. 01 () 0 9A,07 - 0
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 Paull to build a fence that will encroach
into a portion of the into a twenty (20) foot drainage easement in Lot 24, Block A, Sierra Vista,
Section Two, located at 520 Susana Drive, as illustrated in Exhibit A, the City Council of the City
of Georgetown, Texas, finds the following facts:
1 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:
1 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.
3. The fact that the use of the easement area by the property owner so long as the
bottom of any fence is raised at least five (5) inches above grade does not interfere
A,
Sierra Vista, Section Two, Block A, Lot 24: License Resolution No. Page 1 of 2
J.XCUR—PL-AN\CITYCNCL'LICENSE12GOOLIC\Sieffa Vista, Section 02, Block A, Lot 24 - License - DE(fence) - msolutionmDd
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 te[D7S Of the |iCODS8 agreement as
presented to him.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION . The facts and FeCit8UDOS CODt8iDSd in the p[88rDb|8 of this resolution are
hereby found and declared tObe true and correct, and are incorporated bv reference herein and
expressly made a part hereof, as if copied V8[b8dn0. The City Council hereby finds that this
[8SO{UtiOO i0p/808ntS the fO||ovViOg pO|iCi8S of the Century Plan - Development Plan Be08O1:
Growth and Physical Development Policy 1, which states: "The City will ensure that
future land use patterns provide economic, cUKUn8[ and Social activities h3 all
residents, businesses and organizations, and the City's d8Vek]pOl8O1 process
encourages new and iDfi|/d8Ve|Op[OeOt;"and
2. Utilities/Energy Policy 2' which states: "The City will establish utility policies which
take into cDDGid8[8tDD the needs Of all citizens of the community and take
necessary precautions to prevent harmful ecological impact to the environment;"
and further finds that the adoption of this resolution is not inconsistent or in 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 tD execute, and the City Secretary tOattest
thereto OD behalf Of the City Of Georgetown GLicense Agreement with Donald Paull, pertaining b]
the encroachment of a fence into a portion of a twenty (20) foot drainage easement in Lot 24, Block
A' Qi8rcB ViSt8, Section Two, located at 520 Su3an8 [}[iVe.. as illustrated in Exhibit
SECTION 3. This resolution shall b8 effective i[ni
RESOLVED this day of
A TES
S'andr"a D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
-nediately upon adoption.
,2000.
THE CITY OF GEORGETOWN:
Mayor
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Location of Fence
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70. 00'
Susana Drive
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601
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Location of Fence
Drainage Easeme
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70. 00'
Susana Drive
N ZO'031'W
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