P-2 C15-2019-0055 PART5

Board of Adjustment – Jan. 13, 2020

P-2 C15-2019-0055 PART5 — original pdf

Backup

Thumbnail of the first page of the PDF — Page 1 of None page

P-2/91P-2/922803 EDGEWATER DRIVEAUSTIN, TX 78733Case# C15-2019-0055P-2/93VARIANCE REQUEST1.LDC25-2-551(c)(3)(c)increaseimperviouscoveragefrom0%ICexistingto66%ICproposedinthe25-35%slopecategory,whichallows5%IC2.LDC25-2-55I(e)(2)increaseimperviouscoveragefrom0%ICexistingto29%ICproposedinaslopecategorygreaterthat35%whichallows0%ICP-2/94AERIALP-2/95AERIALP-2/96REASONABLE USE•Thepropertyownerisrequestingincreasedimperviouscovertoaccommodateaproposedsingle-familystructureandassociatedimprovements.Todosoinareasonablemanner,theaforementionedimperviouscoveragepercentagesarerequested.•ThisisafairandreasonableuseinLakeAustinzoningcategoryasthatzoningcategoryspecificallyprescribesdevelopmentofaresidentialnature.•Theareaproposedforthenewresidenceistheflattestareaofthelot.Theproposedimprovementsareinthemostreasonablelocation.•Thelotissosteepthattheallowablesquarefootageandrelatedimperviouscoverageamountsfarexceedwhatisallowedbycode.Thisisunreasonable.Theprojectproposesthemostreasonableuseofthelot.P-2/97NOT GENERAL TO THE AREA§TherearenoknownvacantlotsintheimmediateareawiththecombinedhardshipsoftopographyandnofrontageonLakeAustinwhichprohibitasignificantamountoflandfrombeingutilizedinareasonablemanner.P-2/98AREA OF CHARACTER§AnyconstructionwillbeinkeepingthevariedconstructionstylesfoundthroughoutwestAustin.Therewillbenoadverseimpacttoadjacentproperties.P-2/99SITE PLAN STREET LEVELP-2/100FLOOR PLAN –LEVEL 1P-2/101FLOOR PLAN –LEVEL 2P-2/102RENDERINGSP-2/1032803 EDGEWATER DR. (SUBJECT SITE)P-2/1042803 EDGEWATER DR. (SUBJECT SITE) P-2/1052803 EDGEWATER DR. (SUBJECT SITE) P-2/1062807 EDGEWATER DR. P-2/1072807 EDGEWATER DR. P-2/1082807 EDGEWATER DR. P-2/1092807 EDGEWATER DR. P-2/1102901 EDGEWATER DR. P-2/1112903 EDGEWATER DR. P-2/112EDGEWATER DR. (GENERAL CONDITIONS)P-2/113October 10, 2019David Cancialosi 2803 Edgewater Dr Austin TX, 78733 Property Description: LOT 8 BLK 1 AUSTIN LAKE ESTATES SEC 2Re: C15-2019-0055 Dear David,Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variance(s) from the following section of the Land development code: Section 25-2-551 (C) (3) (c) increase Impervious Cover from 5 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent (required) to 66% (requested); 0% (existing) and; (E) (2) to increase Impervious Cover to 29% for a driveway;In order to erect a Single-Family Residential home, being in the (LA) Zoning District and Lake Austin, neighborhood.Austin Energy does not oppose requested variances, provided all proposed and existing improvements follow AE clearance criteria requirements, The National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners/applicants’ expense.Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1.10.0CLSAREIf you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg - Property Agent Austin Energy - Public Involvement | Real Estate Services2500 Montopolis DriveAustin, TX 78741(512)322-6050P-2/1142803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY OPPOSITION“The purpose of the Lake Austin (LA) overlay district is to protect the scenic, recreational, and environmental benefits of Lake Austin by restricting the scale and intensity of development near the lake.” from Code of the City of Austin, Texas §25-2-180 -LAKE AUSTIN (LA) OVERLAY DISTRICT. P-2/1152803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSPURPOSE OF LA ZONING•“The purpose of the Lake Austin (LA) overlay district is to protect the scenic,recreational, and environmental benefits of Lake Austin by restricting the scale andintensity of development near the lake.”•from Code of the City of Austin, Texas §25-2-180 -LAKE AUSTIN (LA) OVERLAY DISTRICT.•We are neighbors and longtime property owners who believe that a variance should not be granted toremove most of the impervious cover from the steep hillsides of the Odom family’s lot at 2803Edgewater. The people who created the plat for Austin Lake Estates in March 1959 might today agreethat the LA Zoning overlay, which dates to 1982, is far-sighted and EMINENTLY REASONABLE. Wewish to conserve the Lake Austin environment for the future. We have seen a decade of extremes ofheat, rainfall, and flooding, of losses of hillsides to erosion and subsidence, of the 500 year flood plainbecoming the 100 year flood plain. We are determined to walk with courage in opposition to thegranting of this variance.•[*This presentation will reference the owners’ current BOA Land Code Development VarianceRequest C15-2019-2055 as well as documents from the owners' previous Development Review InitialApplication for 2803 and 2805 Edgewater Proposed Development 2019-080248 PR. Note that in June2019 the Residential Zoning, Tech Master, Tree Ordinance, OSSF, and Fire Reviews were all REJECTEDfor that project.]P-2/1162803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSNOT REASONABLE USE•Reasonable Use:•“The lot is so steepthat the allowable square footage and related impervious coverage amounts far exceed what is allowedby code… The impervious coverage numbers [requested] are high”.•They said it! 0% to 66%, 0% to 29% with a “gross lot area’s”coverage of… 39%. We feel that the lot should remainunbuildable with the LA overlay’s mandated percentages left intact. The LA Zoning overlay prescribes residentialdevelopment within the limits mandated. Siting the residence on the flattest part of the lot is irrelevant. In 2019 webelieve that the most reasonable use of the lot would be to construct a tiny house in a pier and beam style.•Hardship:All the hardships described ARE general to the street on which the lot is located.•No Financial Hardship:Many of the persuasive arguments here reference ancient history.•The owners’ previous Chapter 245 Vested Rights application for their previous project, proposed development2019-080248 PR, was rejected as part of the Development Review, hence the mentioned “legal remedy”.Webelieve that the zoning of the lot was changed from A to LA zoning 37 years ago FOR A GOOD REASON. All thelots on Edgewater are zoned LA.•LA zoned properties without lake frontage pay Travis County and EanesISD taxes, not City of Austin taxes.•“Substantially less valuable”for 37 years is not a unique hardship. Undeveloped LA zoned lot prices move withAustin’s real estate market.•No Unique Topographical Hardship: There are several lots with similarly steep slopes right there on EdgewaterDrive. P-2/1172803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSADVERSE IMPACTS TO ADJACENT PROPERTIES•“There is NO 0-15% slope. There is no 15-25% slope. 28% is 25-35%, 72% is 35% or greater.”•The requested variance, if granted, WILL alter the character of the area adjacent to the property, WILLimpair the use of adjacent LA zoned properties, and WILL impair the purpose of the regulations of the LAzoning district.•Tree removal, trenching, and cutting and filling this steep hillside will completely alter thecharacter of the hillside and may result in erosion, subsidence, and flooding which will effectproperties above, below, and alongside the lot, as well as impairing the use of Edgewater Driveby homeowners who live beyond it.P-2/1182803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSTRENCHING EXTENT NOT SHOWN•No drawings in Variance Request C15-2019-2055 show the amount of trenching which will need to happen in order to cut and fill the hillside and create the [3] needed retaining walls. But it is possible to view this by comparing what was needed in the plan for the garage in 2019-080248 PR. The garage appears to be sited where the pool deck and garage underneath it will now be located. This alone appears to need a 12’ cut and fill. Variance Request C15-2019-0055From 2019-080248 PR*Retaining Walls are shown as bold black linesP-2/1192803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSEXTENSIVE TREE REMOVALRemoval of 28 treeswhich constitute a beautiful Texas wildscapewill completely alter the area’s character.This will destroy the existing ecosystem, greatly impact the privacy of the property at 2800 Saratoga Drive, and guarantee an increased risk of subsidence, hillside erosion, and flooding which will affect all adjacent properties. *Tree Survey taken from 2019-080248 PR with a comparably sized version of Site Plan C15-2019-2055. The [5] largest trees which are on the lot will need to be removed, along with 20 cedar elms,1 live oak, 1 shumardoak, 2 hackberrys, and 2 crepe myrtles. 2-3 Protected Treesneed a Residential Plan review #99 Cedar Elm –root zone extends into the septic field #82 Cedar Elm will need to be removed to build retaining wall.#54 and #64 Cedar Elm: Placement of stairway and house necessitates their removal.*Tree Survey is rotated to correspondwith orientation of site planP-2/1202803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSDOMINO EFFECT•Finally, we worry that approval of a variance for this project could set a precedent which might have a “domino effect” resulting in unwished-for gentrification which risks displacing longtime neighborhood residents. •This information is provided to alert the Board of Adjustment of our specific concerns. We appreciate your consideration and thank you for your services to the City of Austin.Recent street view of a portion of 2803 EdgewaterSusan C SpruanceOwner, 2704 Del Rio since 1995Earl R Hunt and Susan C SpruanceOwners, 2701 Saratoga since 2010P-2/121P-2/122P-2/123P-2/124P-2/125P-2/126P-2/127P-2/128P-2/129P-2/130P-2/131P-2/132P-2/133