c15-2019-0046 granted ds w site plan — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday, March 9, 2020 CASE NUMBER: C15-2019-0046 Item # P-1 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___N____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___-____ Rahm McDaniel out ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___-____ Michael Von Ohlen out ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Lila Nelson OWNER: Benjamin S Wu ADDRESS: 4320 JAMES CASEY ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-1067 (H) (Design Regulations) Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 –Development Standards to a) southern and western boundaries to 0 feet (requested) and; b) (requested), in order to construct an accessory parking lot in a “LO-V-NP”, Limited Office – Vertical Mixed Use – Neighborhood Plan zoning district. (South Manchaca Neighborhood Plan) NOTE: The subject property is 110 ft. wide BOARD’S DECISION: BOA meeting Aug 12, 2019 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Yasmine Smith motion to postpone to September 9, 2019, Board Member Brooke Bailey second on an 11-0 vote; POSTPONED TO SEPTEMBER 9, 2019; Sept 9, 2019 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Jessica Cohen motions to Postpone to October 14, 2019, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Darryl Pruett nay); POSTPONED TO OCTOBER 14, 2019. Oct 14, 2019 POSTPONED TO November 7, 2019; Nov 7, 2019 POSTPONED TO JANUARY 13, 2020 BY APPLICANT; Jan 13, 2020 POSTPONED TO MARCH 9, 2020; MAR 9, 2020 decrease the minimum driveway setback from 20 feet (required) to 0 feet decrease the minimum parking setback from 25 feet (required) on the The public hearing was closed by Chair Don Leighton-Burwell, Board Member Darryl Pruett motions to Grant compatibility setback based on site plan sheet 8 of 13, Board Member Ada Corral seconds on a 9-1 vote (Board member Melissa Hawthorne nay); GRANT COMPATIBILITY SETBACK BASED ON SITE PLAN SHEET 8 OF 13. EXPIIRATION DATE: MARCH 9, 2021 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: without this variance there is no possibility of using the bulk of the existing building that is constructed for its reasonable possible use (medical office), there is SF-3 adjacent lot is included in the Special District for future commercial use, it is only a matter of time before the use will change, the owner of the SF-3 adjacent lot has stated they are in support of the variance (b) The hardship is not general to the area in which the property is located because: the surrounding properties have been redeveloped or are in the process of being redeveloped largely driven by the St David’s South Austin Medical Center 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: only parking and a driveway (no building) are proposed for the compatibility setback, there has been a parking area there in the past with no apparent impairment to any of the adjacent properties, properly constructing legal parking on this site is consistent with the current zoning district. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for