I-5 C15-2020-0020 — original pdf

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May 5, 2020 Jennifer Hanlen 1401 E 3rd St Austin TX, 78702 Re: C15-2020-0020 Dear Jennifer, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O 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 Land Development Code; Section 25-2-492 (Site Development Regulations) setback requirements; to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) In order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s 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 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 I-5/1BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0020 BOA DATE: April 13, 2020 ADDRESS: 1401 E. 3rd St OWNER: Durham Trading Partners COUNCIL DISTRICT: 3 AGENT: Jennifer Hanlen ZONING: SF-3-NP LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: reduce interior side setback from 5 ft. to 2.77 ft. SUMMARY: complete construction of a Single-Family residence ISSUES: layout error during construction ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-H-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 Barrio Unido Neighborhood Assn. Bike Austin Capital Metro Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town I-5/2 I-5/3I-5/4I-5/5I-5/6I-5/7PERMIT PARTNERS, LLC 105 W. Riverside Dr. Suite 225 Austin, Texas 78704 David C. Cancialosi 512.593.5368 c. 512.494.4561 f. March 19, 2020 City of Austin c/o Elaine Ramirez City of Austin Board of Adjustments One Texas Center 505 Barton Springs Austin, Texas 78704 BOA request for 1401 E 3rd St. to allow a 2.77’ setback in the required 5’ side setback • Legal tract located at 1401 E. 3rd St. is 4,852 SF; has had on-site utility service since 1926. • Original residence was demolished in 2017 and a new residential permit application was submitted to city of Austin. • Application was approved by city of Austin; new single-family residence constructed in accordance with plans. • The plot plan was accurate and was based on the accurate survey; however, an incorrect version of the survey was used to set the construction forms. • A survey error based on confusing ROW widths in the adjacent alley created a 2.7’ side yard setback during construction of the SFR & accessory apartment. • This was not known until contractor called for final inspection and certificate of occupancy and preparation of the owner occupying the residence. • Surveyor then surveyed entire block alley in order to understand where error was created. • The intersection of the rear public alley and intersecting Navasota Street have varying widths. These intersecting ROWs allowed multiple opportunities for error. • The new single-family residence has a varying encroachment into the 5’ side yard setback, creating a side yard setback ranging from 2.77’ to 4.0’. • There are no known examples like this in the immediate area, but is probable in the larger east Austin geography. • This small setback encroachment does not impair the intent of the zoning regulations, nor does it have any adverse impact on adjacent or surrounding properties. • All inspections have passed except the building permit’s final inspection. The Certificate of Occupancy can be granted if the variance is approved. Sincerely, David C. Cancialosi, Agent for Owner 1 I-5/8I-5/9I-5/10