P-4 C15-2020-0020 PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday May 11, 2020 CASE NUMBER: C15-2020-0020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___*____William Hodge (abstained) ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jennifer Hanlen OWNER: Durham Trading Partners XII, LLC ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from 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) Note: currently under construction, layout error BOARD’S DECISION: BOA meeting April 13, 2020 CANCELLED MEETING; MAY 11 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Darryl Pruett nay, William Hodge abstained); POSTPONED TO JUNE 8, 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: P-4/1 (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: ______________________________ ____________________________ Elanie Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for P-4/2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 P-4/3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 P-4/4 P-4/5P-4/6P-4/7P-4/8P-4/9 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 P-4/10P-4/11P-4/12P-4/13P-4/14RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: • Does not meet the accessibility and visitability requirements defined in section R320.7; • • Fails to ensure emergency fire egress via the two “accessible” ground-floor exits; Restricts first responder’s ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. As you consider this variance request, please keep these measurements in mind: • • • • 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street is 82” (6’-10”). The City’s official side-lot setbacks call for 10’ of clearance; the as-built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43”. Since the fence between properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street is 18”. Note that the existing sidewalk straddles over the lot line by approximately 10”. 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA–compliant width of 33”. Consider also the explanation in Permit Partner’s March 19th letter: “[Durham Partners used] an incorrect version of the survey…to set the construction forms.” The City’s development guidelines do not allow for this type of error. Per the City’s published Residential Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. As a homeowner, I was able to negotiate City’s residential development process successfully. It is more than reasonable to expect a professional developer to do so. While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this project, one company’s financial concerns cannot take precedence over public safety. Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley P-4/15EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property owner ever moves the fence to the property line—as is common during redevelopment activities—the sidewalk clearance will decrease from the existing 43” to a non-ADA–compliant width of 33” (2.78 feet). P-4/16EXHIBITS The City of Austin’s published Residential Inspection flowchart clearly indicates that a 3rd Party Form Survey is a prerequisite to any pre-foundation construction activities. This process ensures that a licensed surveyor has confirmed and verified the foundation form locations before the developer sets anything is set in stone. Permit Partner’s March 19th statement indicates that: “the plot plan was accurate and was based on an accurate survey” If so, the only explanation for a side lot setback error is that Durham Trading Partners failed to retain its 3rd party professional, Waterloo Surveyors, to visit the site to conduct a form survey. While that oversight is unfortunate, it does not merit a variance. The BOA should not reward bad actors. P-4/17EXHIBITS A member of the East Cesar Chavez Planning Team brought the questionable side-lot setback at 1401 E 3rd Street to Durham Trading Partner’s attention as early as Q1 2018. City staff were also informed, per this email record: From: Thompson, Jeffrey - BC Sent: Friday, March 02, 2018 9:59 AM To: Johns, Renee <Renee.Johns@austintexas.gov>; Olsen, Dillon <Dillon.Olsen@austintexas.gov> Subject: Re: 1401 E 3rd Street But the foundation is easily less than 5 ft from the property line. Here is a picture of the actual building. Jeff Thompson District 3 Planning Commissioner Office: 512-314-1830 P-4/18