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HomeMy WebLinkAboutRES 970610-M - Encroach Parkview EstatesRESOLUTION NO. In A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND WILLIS A. AND CINDY JO WEIGAND; PERTAINING TO THE ENCROACHMENT OF A SIX (6) FOOT PRIVACY FENCE PROVIDED THE BOTTOM OF THE FENCE IS INSTALLED FOUR (4) INCHES ABOVE THE FINISH GRADE TO ALLOW FOR THE FLOW OF SURFACE DRAINAGE OFF THE LOT, INTO THE SEVEN AND ONE HALF (7 1/2) FOOT WIDE DRAINAGE EASEMENT, LOCATED ON THE NORTH PROPERTY LINE OF LOT 22, BLOCK B OF PARKVIEW ESTATES, SECTION 1, AS RECORDED IN CABINET G, SLIDES 39-41 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,. TEXAS AND LOCATED AT 113 PARQUE VISTA DRIVE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the 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 Willis A. And Cindy Jo Weigand to encroach into the drainage easement, 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 fence is in such a manner that it would not be possible 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 Lot 22, Block B, Parkview Estates, Section 1, License Resolution No. '?70&/0 — %/ Page 1 of 3 ]ACUR PLAN\CITYCNCL\LICENSE\113PRQVS.RES 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 fence is in such a manner that it would not be possible to locate it outside the drainage easement constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicants 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 situate the fence that encroaches into the drainage easement does provide a basis for granting the license necessary for the 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 does not interfere with the 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 applicants agree to accept the terms of the license agreement as presented to them. 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 resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Development Plan Element: 1. 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 organizations, and the City's development process encourages new and infill development; " 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; " Lot 22, Block B, Parkview Estates, Section 1, License Resolution No. V70& /0 _ Page 2 of 3 JACUR PLANTITYCNCULICENSEU13PRQVS.RES 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 to execute, and the City Secretary to attest thereto on behalf of the City of Georgetown a License Agreement with Willis A. and Cindy Jo Weigand pertaining to the encroachment of a six (6) foot privacy fence provided the bottom of the fence is installed four (4) inches above the finish grade to allow for the flow of surface drainage off the lot, into the seven and one half (7 1/2) foot wide drainage easement, located on the north property line of Lot 22, Block B of Parkview Estates, Section 1, commonly known as 113 Parque Vista Drive. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this /G' day of ATTE C 14� , 7 Sandra D. Lee City Secretary ARPROVED AS TO FORM: Marianne Landers Banks City Attorney �J-alcje . 1997. Lot 22, Block B, Parkview Estates, Section 1, License Resolution No. Page 3 of 3 1:\CUR PLAN\CITYCNCL\LICENSE\113PRQVS.RES THE CITY OF GEORGETOWN: By: 1,EO WOOD Mayor Zol- .CN E Qp m EXHIBIT A 113 PARQUE VISTA DRIVE Proposed Fence in Drainage Easement PARQUE � _ � •�o . oq I_ �o, oo �o. 00 RES qV4,/0-In ,Exh;htIq l -440$0 5S' 30` F- (o0.00 VIS T N� (00.00 2� 13.L f i) -7 i 1 II n