HomeMy WebLinkAboutRES 200926-TRESOLUTION i ..• r
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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 Michael Cote to build a fence that will encroach
into a portion of the into a seven and one -half (7 1/2) foot drainage easement in Lot 10, Block C,
Parkview Estates, Section One, located at 104 Pecan Vista Cove, 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 necessaryforthe 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 and no retaining
Parkview Estates, Section One, Block C, Lot 10: License Resolution No. 4RO Av _'7" Page 2 of 2
J: tCUR_ PLAMCITYCNCLILICENSE t2000LIC1Parkview Estates, Section One Black C. lot 10 - License - OE(fence) - resolution.wptl
wall O[ fill are placed iO the drainage easement 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
VVHEREAS, 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 p[egrOb|8 of this r8So|UtiOO are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly [O8d8 a p8[ƒ henBOf. BS if copied Ve[hQUrn. The City COUDCi) hereby finds that this
PeSO|Uti0n iDlp|erDeOtS the following pO|iCi83 of the Century P|8D ' DeVe|OpDl8Ot P|8D BenO8Dt:
Growth and Physical Development Policy 1' which states: "The City will ensure that
future land Use patterns provide economic, cultural, and social activities to all
residents, businesses and 0[g8OiZ8tioDS, and the City's d8V8|OpDleOt pn]CSG3
encourages new and infiUd8ve|OpDleDt;"and
2. Utilities/Energy Policy 2, which states: "The City will establish UU|itv pO|iCi9S which
take into COOSidgr8hOO the needs Of all CiUZeOS Of the COOnDlUOhv and take
necessary precautions to prevent harmful ecological impact to the environment;"
and further finds that the adoption of this resolution iS not inconsistent O[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 kS hereby authorized tO execute, and the City Secretary b}attest
thereto On behalf Of the City OfGeOrgetovwO8UC8OS8AurGSD1eDtwithK4iCh8e|COt8'pertainiOgtO
the encroachment of8 fence into 3 portion Of8 seven and one-half /71/2\ foot drainage easement
|n Lot 1O, Block C,Parkvi8VY Estates, Section One, located 8t1O4 Pecan Vista Cove, 33illustrated
in Exhibit
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this 'day of 2000.
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
pamview Estates, Section One, Block C. Lot 10: License Resolution NoAVp 7A&=-7- Page oufz
Estates, Section One Block C,;otm' License 'oq*nc*- res^luti"n.w=
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EXHIBIT A
104 Pecan Vista Cove
LOT 15 LOT i4
Cabinet (:-?, Slides 3q-41 Survey monuments Foul alone this line CobinoL 6, I�Iides 3q-41
1/2" IRON were used for direr-( lonoi control.
ROD FOUND N IC105615" IN N lcl'53'15" Vq - 60.00
III 441,jftffld 1110105 1 _____A
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(Per,orcdI "Lot 10" N !a 5,15,� N &0 00, 1/2 IR(
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1/2" IRON 1/2" IRON
15 DRAINAGE EASEMENT 0 5ET ROD FOUND
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10' UTILITY EA3EMENT
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5--liq-50-45"
Gurb
"Asphalt"
1/2" IRON
ROD FOUND
FEGAN VISTA GOVE
Cabinet 6, 511de,5 59 -41
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25' BLDG LINE
10' UTILITY EA3EMENT
rard Tot 10' 5 lq'53'15" F 6 r- 007
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5--liq-50-45"
Gurb
"Asphalt"
1/2" IRON
ROD FOUND
FEGAN VISTA GOVE
Cabinet 6, 511de,5 59 -41
Fes. Z001i46--r, Exh;bi+ A, pay 1 041