HomeMy WebLinkAboutRES 870288.019A RESOLUTION OF THE CITY COUNCIL OF THE CIT
OF GEORGETOWN, TEXAS IfAd-ING FINDINGS OF FAC
DECLARING THE POLICY OF TH9 CITY COUNCIL
REGARDING DELEGATION TO THE PLANNING AND
ZONING COMMISSION OF SUBSTANTIVE REVIEW OF
REQUESTS FOR VARIANCE OR FOR MODIFICATION 0
REQUIREMENTS OF DESIGN UNDER THE SUBDIVISIO
ORDINANCE OR FOR WAIVER FROM COMPLIANCE WIT
RESTRICTIVE CONDITIONS APPEARING ON A PLAT;
REQUIRING CERTIFICATIONS FOR APPROVAL;
ALLOWING IMPOSITION OF CERTAIN CONDITIONS 0
APPROVAL; AND ALLOWING CITY COUNCIL APPROVA
OF REQUESTS BY CONSENT.
WHEREAS, The City of Georgetown exercises its authority under
state law to administer regulations governing the subdivision,
platting and development of land; and
WHEREAS, The Georgetown Subdivision Ordinance, Sections 5.1 and
6.06, sets forth procedures for a subdivider to request, and for
the City Council to approve, a variance from the strict
enforcement of the Subdivision Ordinance; and
WHEREAS, numerous building and site development proposals
occurring after the recording of a plat, particularly proposals
concerning the placement of structures on and within a platted
lot, do not conform with platted building lines, easements or
other restrictive conditions appearing on the recorded plat; and
WHEREAS, the City Council acknowledges that in some circumstances
the spirit and intent of the Subdivision Ordinance and of platted
restrictions might be served while the City refrains from their
strict enforcement, provided that adequate notice and public
hearing is afforded all persons and entities which might be
affected by the proposed action, and further provided that the
interests of the citizens of Georgetown are protected by the
execution of indemnity agreements or similar instruments as
appropriate; and
WHEREAS, it is the intent of the City Council to delegate to the
Planning and Zoning Commission the thorough, substantive review
of the practical, technical and legal issues raised by any
request for a variance under the Subdivision Ordinance or by any
request for a waiver by the City of the enforcement of platted
building lines and similar restrictions appearing on a plat;
Subdiv. Variance Resol. (psf 7/28/87) Page I of 3 Pages
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Georgetown, Texas that it shall be the policy of the City Council
that:
1. The Planning and Zoning Commission is hereby delegated to
conduct the thorough, substantive review of the practical,
technical and legal aspects of all requests for variance
from, or modification of requirements of design contained
in, the Subdivision Ordinance and all requests for waiver
from compliance with platted building lines, easements and
other restrictive conditions appearing on a recorded plat.
2. In making its recommendation to the City Council on requests
for variance, for modification of design requirements, or for
waiver the Commission shall consider whether the request is
justified by exceptional conditions of the subject site and
if recommending approval, shall certify that:
a. The public convenience and welfare will be substantially
served; and
b. The appropriate use of surrounding property will not be
substantially or permanently impaired or diminished; and
c. The applicant has not created the hardship from which
relief is sought; and
d. The variance will not confer upon the applicant a special
right or privilege not commonly shared or available to
the owners of similar and surrounding property; and
e. The hardship from which relief is sought is not solely
of an economic nature.
3. In order to protect the public welfare and the interests of
the City and to preserve the general intent and spirit of the
City's subdivision regulations, the Commission and Council
may impose conditions of approval of the above described
requests as they deem necessary, including the execution by
the applicant in favor of the City of such indemnification,
hold -harmless or other instrument as may be found appropriate
and acceptable to the City Attorney.
4. Any request described above for which the Commission has
recommended approval by the Council and has made the certifi-
cations described in Section 2 of this resolution may, at the
Subdiv. Variance Resol. (psf 7/28/87) Page 2 of 3 Pages
discretion of the City Manager, be placed on the Consent
Agenda for approval by the City Council. Any request des-
cribed above for which the Commission has recommended denial
by the Council shall proceed to the City Council only upon
the written request of the applicant.
READ, PASSED and APPROVED this 28th day of July, 1987.
%
Tim Colbert, Mayor
Attest:
OcL L
Pat Caballero
City Secretary
Subdiv. Variance Resol. (psf 7/28/87) Page 3 of 3 Pages