P-2 C15-2019-0055 PART6 — original pdf

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P-2/134P-2/135P-2/136P-2/137P-2/138P-2/139P-2/140P-2/141P-2/142P-2/143P-2/1442803 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-2/1452803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSWHAT THE BOARD MUST FINDPurpose of LA Zoning: “The purpose of the Lake Austin (LA) overlay district is to protect the scenic, recreational, and environmentalbenefits of Lake Austin by restricting the scale and intensity of development near the lake.” P-2/1462803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNSREVISED PACKAGE FAILS TO MEET ALL CRITERIA•(A): Not Reasonable-The revised package is still requesting nearly 1200% increase in allowable impervious coverage in 25-35% category and 17% of impervious cover on a 35% plus grade slope on which the LA Zone prohibits development. Those numbers aren’t reasonable and far less excessive designs can and should be considered.•(B) Not Unique –The “hardship” is not unique to the property; there are 3 lots in close proximity similarly situated and a far greater number of undeveloped steep slope lots in the LA zone generally.•(C)(i) Alters the Character –Design replaces natural tree-covered steep slope with impervious house, pool and drive across the entire width of the lot. This would be the only property on the south side of Edgewater on a steep slope lot with a pool. The surrounding area is largely undeveloped similarly situated lots and smaller lake side cottages/duplexes developed before 1982 and the LA Zoning Overlay.•(C)(ii) Impairs Adjacent Properties –This alters runoff diversion patterns in an area where the downslope side of Edgewater already experiences home flooding and runoff issues. Removal of more than 1/3 of the trees and implementation of retaining walls will have unknown consequences on the durability and longevity of the hillside. •(C)(iii) Impairs the Purpose of the Standards –LA zoning was implemented to “protect the scenic, recreational, and environmental benefits of Lake Austin by restricting the scale and intensity of development near the lake.” These hillside lots constitute a portion of the preserved natural space surrounding our iconic section of the Colorado river and granting the variance in question isn’t protecting any of the stated goals of LA zoning.P-2/1472803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNS(C)(III) IMPAIRS PURPOSE OF STANARDS–SUBVERTS LA ZONING•Purpose 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 and intensity of development near the lake.” Recent street view of a portion of 2803 Edgewater•Not an environmental benefit (The most important consideration): Restrictions related to the development of steep slope hillside lots in the LA zone were implemented to protect the Colorado River. I’m sure the designers of the code had very good reasons to discourage non-porous impervious cover on the steep slopes surrounding the City of Austin’s and central Texas’ greatest natural resource. Because there are many steep slope lots sitting undeveloped surrounding the lake the precedent the Board sets case by case on steep slope lots such as these will truly determine the future scenic and environmental impact to our most vital natural, recreational, and scenic resource.•Not a scenic benefit: Allowing variances on non-uniquely situated lots altering the lush flowing canopy covered hillsides surrounding our iconic section of the Colorado River does not protect the scenic benefits of the LA zone. If anything it sets the stage to pave any developable section of steep slope terrain surrounding the river. (I also believe strongly in not altering the sightlines along scenic view highways such as 360 and the same argument is equally applicable to the beautiful green hills surrounding Lake Austin and Lady Bird Lake, which have been altered by development drastically over the last 20 years.)P-2/1482803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNS(B) HARDSHIP IS NOT UNIQUE TO THIS LOT•The hardship is not uniqueto the property;•There are three similarly situated lots withinclose proximity (even adjacent) to the lot in question that remain undeveloped.•All four lots are situated on a steep hillsideand LA zoning restrictions have made themdifficult to develop. (Though it hasn’tstopped folks from trying…)undevelopedundevelopedundevelopedundevelopedBoard of Adjustment Guidebook pg. 7:lot in questionP-2/149(B)NOT UNIQUE CONT.Photograph of sign advertising development of 2901 Edgewater Drive. Owners began development of a slab foundation before the project was red tagged by City Code and development halted.P-2/150Everyone apparentlyassumes that this Boardis going to grant every variance because these are the sorts of ads folksare using to sell steep slope lots in the LA zone.P-2/151developeddevelopedTotal Edgewater steep slope hillside lots: 6Number of steep slope Edgewater lots developed: 2Total: 66.66% of steep slope hillside lots are similarly situated(undeveloped) to the lot in question in this hearing. The determination the board makes related to this issue will likely determine the fate of all of the other three lots as well.All lots with existing homes were developed prior to LA zoning overlay.2807 Edgewater: Developed 19642903 Edgewater: Developed 1964No one has enjoyed the privilege of developing a steep slope lot in Austin Lake Hills LA Zoning since the LA Zoning overlay.(B) NOT UNIQUE CONT.undevelopedundevelopedundevelopedundevelopedP-2/152•Additional similarly situated lots furtherdown Edgewater also exist and many other steep slope hillside lots exist in the LA zone.•The Saratoga Point HOA owns 2701 Edgewater Dr. , a 3.465 acres of similarlysituated property on steep hillside slopes.•Though currently undeveloped, the decision of the board could certainly influence the decision of other owners of large tracts of hillside land in the LA zoning district like the large undeveloped tract down the street.(B) NOT UNIQUE CONT.undevelopedPotentially developed with transferred impervious cover, a specifically allowed reasonable use ofsteep slope lots in the LA Zone utilizedby many owners all over Austin, Texas.P-2/153(B) NOT UNIQUE CONT.•How many undeveloped steep slope lots exist surrounding Lake Austin?•Do we really want a home on every developable hillside surrounding the lake in contravention of LA zoning regulations?•Steep slope hillside lots in the LA zone are NOT unique at all but are actually quite common. Every precedent setgranting further variances from prohibitions regarding impervious cover on hillsides further serves to impair the expresspurpose of LA zoning and will be used by future applicants to justify requested development prohibited by City Code. P-2/154From Board of Adjustment Guidebook pg. 11:•While we appreciate that the applicants slightly reduced the requested impervious cover for the lots in question, their proposal is still clearly a “highest and best use” proposal, entirely out of step with the surrounding properties and LA zoning regulations.•If we allow a “highest and best” proposal in one place there will be arguments for “highest and best” use development on adjacent lots as well. These arguments were made based on previous board decisions at the last meeting.•Other reasonable use available under 25-5-551(D); section authorizing transfer of impervious cover in LA district from steep slope lots to non steep slope lots.2803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNS(A) NOT A REASONABLE USEPhoto of reasonably used steep slope lot at 2800 Edgewater.P-2/155•(Originally requested 25-35% -66% 35%+ -29%.)•Current Requested Impervious Cover:25-35% slope -59% impervious cover 35%+ slope -17% impervious cover•City of Austin Code 25-2-551 (5)–Development is prohibited on land with a gradient that exceeds 35 percent.•City of Austin Code 25-2-551 (D)–This subsection applies to a lot included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted, and that is located in an LA district.•(3)–Impervious cover may not exceed: •(c) 5% on a slope with a gradient of more than 25 percent and not more than 35 percent; Allowable196 sqftOriginal Proposal5469 sqftRevised Proposal3811 sqftScale Representation of Request: (A) NOT REASONABLE USE CONT.If you consider the purpose of the LA zoning district and the extent of the variance requested, a proposal to develop the lot at all may well seem unreasonable. Even if you were convinced that some development should be permissible a 1200% increase in allowable impervious coverage in one section and proposed development on even steeper and unbuildable grades under the code are not reasonable uses of this lot in the LA zone.AreaRadiusDiameterRatio546941.7283.455.28381134.8369.664.411967.9015.801.00P-2/1562803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNS(C)(I)ALTERS THE CHARACTRER OF THE AREA•A picture is worth 1000 words. This vista from the lake is anything but scenic.•“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. From this: To that:P-2/1572903 Edgewater2807 Edgewater(C)(I) ALTERS THE CHARACTER CONT.The 2 comparable steep slope homes on hillside lots in this area are duplexes constructed in 1964 prior to the LAzone overlay. Both are humble single story buildings that do not have designated parking/driveway space or amenitiessuch as pools. To the respondents knowledge no one has been allowed to develop a steep slope lot on Edgewater Dr. since the LA zoning overlay.P-2/1582803 EDGEWATER C15-2019-0055 BOAINTERESTED PARTY CONCERNS(C)(II)ADVERSE IMPACTS TO ADJACENT PROPERTIESHouses across from 2803 Edgewater already experience harm from runoff down this hillside.Retaining walls and French drains had to be installed at property located at 2800 Edgewater and the property still suffers from flooding.81 year old owner at 2800 Edgewater installed foldable fence flaps between home and garage to allow runoff to flow throughher property.Owner at 2806 Edgewater had a century-old pecan tree destroyed by root erosion from runoff.•This revised proposal states that the runoff will now “pass down the roadway” on Edgewater and “spread”. There is no analysis of WHERE this occurs and “all flooding is local.” As some neighbors are already being aversely impacted by flood concerns, any potential increase in the expected runoff constitutes an adverse impact to adjacent properties.This revised proposal may relocate the runoff causing NEW adverse impacts to adjacent properties.A variance setting a precedent for massive impervious coverage on the 4 remaining undeveloped lots on Edgewater Dr. could drastically alter the character of the neighborhood and harm adjacent neighbors, even if the current variance request argues that development of a single lot will be minimal.Existing flap installed at 2800 Edgewater to allow floodwater to flow throughthis adjacent neighbors yard when existing levels of hillside flooding invades their property.P-2/159CONCLUSION: THE REQUEST FAILS TO MEET REQUIRED CRITERIA FOR GRANTING OF VARIANCE•Applicants are requesting a “highest use” variance for a non-unique steep slope hillside lot that will impair the purpose of LA zoning, alter the character of the neighborhood and the hillside, and may result in damage to surrounding properties. Granting the variance will only further embolden developers who already use precedents of the Board related to “steep slope topography” in other areas to justify building on steep lots that are entirely common to the LA zone.•Many of the applicants arguments appear irrelevant to the Boards decision (threats of lawsuits or takings arguments) or largely personal and self-created problems. (Buying expensive steep slope lots in a location where zoning regulations strongly discourage development, planning development of dream home and spending substantial amounts on the land in question when development is also largely discouraged by applicable zoning regulation.) The only characteristic of the propertyon which the applicants rely in their argument for hardship is the steep topography of the lot which isn’t unique at all in LA zoning or even the general area of Edgewater Dr. (3 extremely similar undeveloped lots sit directly adjacent to this one, and acres of additional undeveloped steep slope hillside lots within a quarter mile.)From Board of Adjustment Guidebook pg. 11:P-2/160LESS COMPELLING ARGUMENTS•Takings argument is wholly irrelevant and an issue between the property owners and the City not the subject of this hearing.•Properties are not taxable city properties. Though the lakefront properties on the lakeside of Edgewater Dr. recently began paying property taxes to the City of Austin under the interpretation of an Ordinance from the 80’s, the taxation is only applicable to lakeside properties and not those properties developed on the hillside. Essentially the City of Austin has only the environmental impact of development on the hillside to lose and nothing to gain in the long run by granting variances on Extra Territorial Jurisdiction properties in the LA zone. •I have personally observed wildlife including large herds of deer, foxes, porcupines, chaparrals, squirrels, armadillos, and even the occasional coyote utilizing the undeveloped hillsides on Edgewater Dr. to access Lake Austin for drinking water. (For those of you who care about the animals as much as we do…) I also observe the occasional annual migration of birds, most recently 1000’s of robins at a time utilizing the dense canopy around the lake as a spot to rest during migration cycles. This place is truly a natural paradise untouched by time since the original development of homes preexisting LA zoning. P-2/16112 deer in my front yard. Large herds routinely use the undeveloped steep slopes in our neighborhood to get totheir only consistent water source, Lake Austin.P-2/162Photograph of group of 4 deer on the hillside of 2803 Edgewater Dr., making their way down to the lake.P-2/163P-2/164P-2/165P-2/166P-2/167P-2/168P-2/169P-2/170P-2/171P-2/172P-2/173P-2/174P-2/175P-2/176P-2/177P-2/178P-2/179P-2/180P-2/181P-2/182P-2/1832803 EDGEWATER DRIVEAUSTIN, TX 78733Case# C15-2019-0055P-2/184VARIANCE REQUEST1.LDC25-2-551(c)(3)(c)increaseimperviouscoveragefrom0%ICexistingto66%ICproposedinthe25-35%slopecategory,whichallows5%IC2.LDC25-2-55I(e)(2)increaseimperviouscoveragefrom0%ICexistingto29%ICproposedinaslopecategorygreaterthat35%whichallows0%ICP-2/185AERIALP-2/186