Board of AdjustmentMay 11, 2020

P-3 C15-2020-0003 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C15-2020-0003 Item # P-5 DATE: Monday, March 9, 2020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___-____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___-____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jennifer Hanlen OWNER: Addision Thom ADDRESS: 3409 NEAL ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from lot width requirements to decrease the minimum lot width from 50 feet (required) to 49.09 feet (requested) in order to SF-3-NP”, Single-Family Residence - Neighborhood Plan zoning district. (Govalle Neighborhood Plan) BOARD’S DECISION: BOA meeting Feb 5, 2020 POSTPONED TO MARCH 9, 2020 BY APPLICANT (RENOTICE); MAR 9, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Brooke Bailey motions to Postpone to April 13, 2020, Board Member Melissa Hawthorne seconds on an 11-0 vote; POSTPONED TO APRIL 13, 2020. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 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: P-3/1 ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez forP-3/2 BOA GENERAL REVIEW COVERSHEET RE-NOTIFICATION CASE: C15-2020-0003 BOA DATE: Mon. March 9, 2020 COUNCIL DISTRICT: 3 AGENT: David Cancialosi ADDRESS: 3409 Neal St OWNER: Addison Thom ZONING: SF-3-NP (Govalle) LEGAL DESCRIPTION: E 64.1 FT LOT 3 BLK A OLT 41-42 DIV A CHERICO SUBD NO 1 VARIANCE REQUEST (updated): reduce minimum lot width from 50 ft. to 33.59 ft. SUMMARY: subdivision of a lot ISSUES: Austin Water Utility requiring a specific water line improvement inside the flag lot’s pole ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Del Valle Community Coalition East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Govalle Neighborhood Association Govalle/Johnston Terrace Neighborhood Plan Contact Team Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra, Club Austin Regional Group P-3/3 P-3/4 P-3/5 P-3/6 P-3/7 P-3/8 P-3/9 January 27, 2020 Jennifer Hanlen 3409 Neal St Austin TX, 78702 Re: C15-2020-0003 Dear Jennifer, Property Description: E 64.1 FT LOT 3 BLK A OLT 41-42 DIV A CHERICO SUBD NO 1 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the LDC - Section 25-2-492 (Site Development Regulations) ; lot width requirements - to decrease the minimum lot width from 50 feet (required) to 49.09 feet (requested); In order to SF-3-NP”, Single-Family Residence - Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Austin Energy does not oppose variance requested, provided any proposed and existing improvements are following 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://austinenergy.com/wcm/connect/8bb4699c-7691- 4a74-98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES (see - Page 92) - 1.10.0 Clearance and Safety Requirements. If 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 Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 P-3/10 BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0003 BOA DATE: February 5, 2020 ADDRESS: 3409 Neal St OWNER: Addison Thom COUNCIL DISTRICT: 3 AGENT: Jennifer Hanlen ZONING: SF-3-NP (Govalle) LEGAL DESCRIPTION: E 64.1 FT LOT 3 BLK A OLT 41-42 DIV A CHERICO SUBD NO 1 VARIANCE REQUEST: reduce minimum lot width from 50 ft. to 49.09 ft. SUMMARY: subdivision of lot ISSUES: current design is at 49.09 ft. due to a flag lot design on adjacent proposed lot ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Del Valle Community Coalition East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Govalle Neighborhood Association Govalle/Johnston Terrace Neighborhood Plan Contact Team Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group P-3/11 N E D LIN R E G NIN N E H PICKLE THOMPSON A I R P O R T THO MPSON K KIR THOMPSON NEAL O RIC E H C S S A R B STOKES Y R E L TIL LYONS GOVALLE R E T N U G E L A D G RIN P S B O L M E T O H C L L E S N A M S E L L E R S R E T N U G ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS C15-2020-0003 CASE#: LOCATION: 3409 NEAL STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 333 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. P-3/12 P-3/13 P-3/14 P-3/15 P-3/16 P-3/17 P-3/18 Bowman Consulting Group, Ltd. 1120 South Capital of Texas Hwy, Bldg 3, Suite 220, Austin, Texas 78746 Phone: (512) 327-1180 Fax: (512) 327-4062 www.bowmanconsulting.com © Bowman Consulting Group, Ltd. P-3/19 Bowman Consulting Group, Ltd. 1120 South Capital of Texas Hwy, Bldg 3, Suite 220, Austin, Texas 78746 Phone: (512) 327-1180 Fax: (512) 327-4062 www.bowmanconsulting.com © Bowman Consulting Group, Ltd. P-3/20 3409 NEAL STREET – BOA MEETING – ADDTL NOTES Addendum to submittal regarding easement and reasoning per Karen Palacious comments on MCR for the sub case: EL2. Provide a large sheet (24X36) of the driveway plan and profile plan. AW and AE do not share trenching. Provide utility assignments showing the electrical service to the back lot with a 10 ft. electrical easement and AW will need their own easement and provide AW’s approval of separation from AE trenching. Plans are not readable. UPDATE: Austin Energy service point at the ROW needs to be called out showing the meter location near the service point on private property. The shown UE needs to be clearly labeled as private electrical service. Be advised Austin Energy disconnect is located along the ROW. It’s the applicant’s responsibility for their private line extension. Comments stand. UPDATE2: AE easement along the ROW cannot share with AW easement. The disconnect for the rear lot will be within the 15 ft. electrical easement along the ROW. UPDATE3: On a phone call the applicant was to verify their disconnect will be along the ROW for the flag lot with their MEP. Electrical Easement within the development is shown for the flag lot and private W/WW are shown within it. Not allowed. PERMIT PARTNERS/AERPARMIA RESPONSE: SEE ATTACHED REVISED PLAT AND UTILITY PLAN. PLEASE EMAIL EITHER MIA OR I DIRECT IF THERE ARE STILL CHANGES NEEDED ON THIS PLAN – MPARTON@AEPARMIA.COM OR JENNIFER@PERMIT-PARTNERS.COM REASONING BEHIND ADDING THIS EASEMENT & IN ORDER TO CLEAR EL2 COMMENT: Per Bowman - according to her images, Karen thought the private w/ww lines were in the AE easement because of how the plat was drawn up. Editing it to show the 5' gap between the fence and the easement shows the lines are fine. Aeparmia’s drawings have shown AE’s easement 5’ offset from the property line. That gave the w/ww 5’ of space to reach Lot B and not be in the AE easement. But since Karen was looking at the plat which showed the easement incorrectly along the property line, she assumed w/ww would be too close. Bowman updating the plat shows now that that isn’t the case, AE has their own easement where their distribution line will be by itself all the way to the back and there’s still space for private w/ww lines to also reach Lot B as well. P-3/21 P-3/22