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HomeMy WebLinkAboutRES 970624-L - Encroach Parkview EstatesRESOLUTION NO.l- 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 MARK D. AND JOLANDA W. FLEITMAN; PERTAINING TO THE ENCROACHMENT OF A SIX (6) FOOT PRIVACY FENCE INTO THE TEN (10) FOOT WIDE DRAINAGE EASEMENT LOCATED ON THE REAR (WEST) PROPERTY LINE, PROVIDED THE BOTTOM OF THE FENCE IS INSTALLED FOUR (4) INCHES ABOVE FINISH GRADE TO ALLOW FOR THE FLOW OF SURFACE DRAINAGE OFF THE LOT, AND INTO THE TEN (10) FOOT WIDE PUBLIC UTILITY EASEMENT (PUE) LOCATED ON THE NORTH (SIDE) PROPERTY LINE, PROVIDED THE FENCE IS CONSTRUCTED TO PROVIDE TEN (10) FOOT REMOVABLE PANELS RUNNING ACROSS THE PUE IN ORDER TO PROVIDE ACCESS TO THE LOT WITHOUT DAMAGING THE FENCE, OF LOT 1, BLOCK A OF PARKVIEW ESTATES, SECTION 1, AS RECORDED IN CABINET G, SLIDES 39-41 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 201 GANN STREET; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the drainage easement and public utility 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 Mark D. And Jolanda W. Fleitman to encroach into the drainage easement and public utility 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 and public utility 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 fence is in such a manner that it would not be possible to locate it outside the drainage easement and public utility 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 and public utility 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 1, Block A, Parkview Estates, Section 1, License Resolution No. Page 2 of 3 J:\CUR PLAN\CITYCNCL\LICENSE\201GANN.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 Mark D. And Jolanda W. Fleitman pertaining to the encroachment of a six (6) foot privacy fence into the ten (10) foot wide Drainage Easement located along the rear property line, 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, and into the ten (10) foot wide public utility easement located on the north (side) property line provided the fence is constructed to provide ten (10) foot removable panels running across the PUE to allow access to the lot without damaging the fence, of Lot 1, Block A, Pa rkview Estates, Section 1, commonly known as 201 Gann Street. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATT 'T: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Lot 1, Block A, Parkview Estates, Section 1, License Resolution No. Page 3 of 3 J:\CUR PLAN\CITYCNCL\LICENSE\201GANN.RES 1997. THE CITY OF GEORGETOWN: By: �i-EO WOOD Mayor g7o�zy�-z 25 �• ��— �l D(HIB.IT B Z SToFn' ,�vSE FF ELI/ 9s-6z� a. Access Panel I .0 h N I -- 0 D - A / // Y � � I Request for 6' fence at property line encroaching into building setback [he. ;s Panel Proposed 6` Fjence Z SToFn' ,�vSE FF ELI/ 9s-6z� a. Access Panel I .0 h N I -- 0 D - A / // Y � � I Request for 6' fence at property line encroaching into building setback [he. ;s Panel