HomeMy WebLinkAboutRES 950822-ZOVAIM510101 arm M -
WHEREAS, the City of Georgetown, has received an application for a license to encroach
into the east side public utility easement; and
IT'AEREAS, 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 Gregory and Stephanie Burtner to encroach
into the east side 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 its present status.
2. That there are no utilities which would interfere with the utilization of the
property in its present status.
3. That the proposed driveway will intrude into the public utility easement to such
a degree that it is not economically feasible to move the part of the structure
within the 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 similar to other uses in the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific facts
?s stated above now concludes and finds that:
1. The fact that it is not economically feasible to move the part of the proposed
driveway within the easement area constitutes special circumstances and conditions
affecting the property which if not taken into consideration would deprive the ap-
30404 LaQuinta License Resolution No. 2. —Z.
Page 1 of 3
plicants of the reasonable use of their property.
2. The fact that the land use is not likely to change within the foreseeable future aill
that it is not economically feasible to move the part of the structure within thi
easement does -provide a basis for granting the license necessary for th4
preservation and enjoyment of the substantial property rights of the applicants.
3. The fact that the use of the easement area by the property owners does not in-
terfere 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
1*01 1 IN! 11111 . - - - I - - -(
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIEL 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
exR ressly 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. "
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 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. That the Mayor is hereby authorized to execute on behalf of the City of
Georgetown a License Agreement with Gregory and Stephanie Burtner, pertaining to the
encroachment of a proposed driveway located at Lot 42, Block A, Berry Creek Subdivision,
Section Nine, Phase Three, into the east side public utility easement.
30404 LaQuinta License Resolution No.y.504
Page:2 of 3
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this tday of
ATT
Sandra D. Lee
ZME=
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
1�
)1995.
THE CITY OF GEORG OWN:
7
By: EO WOOD
Mayor
30404 LaQuinta License Resolution No.?5087,Z-4
Page 3 of 3
EXHIBIT A
45�
C)RNG
S5
30
x 3,
STOOP
a)
co
BOX
WINDOW m
all %96 -BERRY GREEK
w
Lfl
d) 0-01
b .0 Proposed
I Encroach;nent/
3'—
NG- WALK
I IftAr
LA QUINTA DRIVE
0 11 5*R TYF.--\
1 thru 12 Is a Tree Inventory