C15-2020-0006 GRANTED DS — original pdf
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CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C15-2020-0006 DATE: Monday, May 11, 2020 ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Ada Corral ___Y___Melissa Hawthorne ___Y___William Hodge ___Y___Don Leighton-Burwell ___Y___Rahm McDaniel ___Y___Darryl Pruett ___-____Veronica Rivera (out) ___Y___Yasmine Smith ___Y___Michael Von Ohlen ___N___Kelly Blume (Alternate) _______Martha Gonzalez (Alternate) APPLICANT: Ron Thrower OWNER: Patrick Dunn ADDRESS: 2309 and 2311 QUARRY RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback for each lot 2309 & 2311 Quarry Rd. from 25 feet (required) to 10 feet (requested) in order to erect a single-family residence per lot in a SF-3”, Single-Family Residence zoning district. Note: Per LDC for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: BOA February 5, 2020 POSTPONED TO MARCH 9, 2020 BY APPLICANT DUE TO SHORTAGE OF BOARD MEMBERS; MARCH 9, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Melissa Hawthorne motions to Postpone to April 13, 2020, Board Member William Hodge seconds on an 11-0 vote; POSTPONED TO APRIL 13, 2020. April 13, 2020 Due to the on-going need for social-distancing while continuing our efforts as a community to address the health concerns around COVID-19 , Chair of BOA Chair, Don Leighton-Burwell has postponed our April 13, 2020 Board of Adjustment meeting until the next scheduled date on May 11, 2020. This will include all previously postponed cases slated to be heard at the April 13th meeting; those will now be heard at the May 11, 2020 meeting. May 11, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant with conditions to decrease the rear yard setback to 20 feet for address 2309 and to decrease rear yard setback to 15 feet for address 2311, Board Member Ada Corral seconds on an 10-1 vote (Board member Kelly Blume nay); GRANTED WITH CONDITIONS TO DECREASE THE REAR YARD SETBACK TO 20 FEET FOR ADDRESS 2309 AND TO DECREASE THE REAR YARD SETBACK TO 15 FEET FOR ADDRESS 2311. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the requirement of a 25ft no-build setback from both the front and rear lot- line reduces the area the can be developed 2. (a) The hardship for which the variance is requested is unique to the property in that: there are several protected and heritage trees on the properties that require greater flexibility for building placement in order to preserve the trees (b) The hardship is not general to the area in which the property is located because: most structures on this block were built in the 1940s; before the implementation of the tree preservation ordinance 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: the variance will not alter the character of the area as it will preserve the trees and will have development that is consistent with the other 15 lots along the block that use Quarry Rd ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for