P-4 C15-2020-0020 PART3

Board of Adjustment – June 8, 2020

P-4 C15-2020-0020 PART3 — original pdf

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From: To: Subject: Date: Ramirez, Elaine FW: 1401 East Third Monday, May 11, 2020 2:34:48 PM My original email to City staff questioning the construction at 1401 E 3rd. From: Sent: Wednesday, January 24, 2018 1:02 PM To: DSD Help Cc: Subject: 1401 East Third This message is from Jeff Thompson. [ bc-jeffrey.thompson@austintexas.gov ] I sit on the Planning Commission and one of the residents in my district asked me about a new house going up at 1401 E 3rd Street, 78702. It appears to have approved plans for less than the required set back, but there was never a BOA hearing or other variance. Can you please explain how they are allowed to build so close to another house and within the set back? Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. P-4/54From: Subject: Date: Attachments: FW: 1401 E 3rd Street Monday, May 11, 2020 2:42:25 PM image002.png image003.png image004.png D5619B4E5E1648509A9623C8BE4D07E6.png 8FF5708083434FEA868AB1891DEEC906.png Several weeks later I’m still chasing the issue. You can see from the pictures that the development is still in early stages. The response is : inspector will notice. To be told now that the inspector didn’t raise the issue early enough is frustrating. From: Sent: Friday, March 2, 2018 4:13 PM To: Subject: Fwd: 1401 E 3rd Street Jeff Thompson Planning Commission D3 Begin forwarded message: From: "Johns, Renee" <Renee.Johns@austintexas.gov> Date: March 2, 2018 at 3:00:04 PM CST To: "Thompson, Jeffrey - BC" <bc-Jeffrey.Thompson@austintexas.gov>, "Olsen, Dillon" <Dillon.Olsen@austintexas.gov> Subject: RE: 1401 E 3rd Street Jeffrey, Two things: 1. If it is too close, this will be called out by the inspector associated with this 2. Fences are not always the determination of a lot line. Again, this inspector will project-DeeAnn Afra look for this. Renee Johns Planner Senior – Expedited Review City of Austin Development Services Department One Texas Center, 505 Barton Springs Road, 7th Floor Office: 512.974.2260 P-4/55Follow us on Facebook, Twitter & Instagram @DevelopmentATX We want to hear from you! Please take a few minutes to complete our online customer survey. Nos gustaría escuchar de usted. Por favor, tome un momento para completar nuestra encuesta. Scheduled Meeting Disclosure Information: In accordance with City of Austin Ordinance 20160922-005, responsibility of written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question as defined within City Code 4-8-2 for compensation on behalf of another person. Development Services Department has elected to implement an electronic survey as the methodology to provide the opportunity to record information as required of the department under Section 4-8-8 (E) of the City Code. Individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions included in the department survey available at the following link: DSD Survey. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: Click here to view City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s 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. P-4/56 Jeff Thompson District 3 Planning Commissioner Office: 512-314-1830 From: Johns, Renee Sent: Thursday, March 1, 2018 3:41:33 PM To: Thompson, Jeffrey - BC; Olsen, Dillon Subject: RE: 1401 E 3rd Street Jeffrey, P-4/57 This is an approved plan and there is a projection into the 5 foot setback. This is a common concern, but the code does allow for eaves and other incidentals to project 2 ft. into any setback, LDC 25-2-513 B. If you look at sheet A201, you can see the elevation view of the proposed residence. On this elevation, you can see the footprint of the building stops at the 5 ft. setback and the eaves project into the setback. Again this is an allowed and common design. I hope this answers your question. Renee Johns Planner Senior – Expedited Review City of Austin Development Services Department One Texas Center, 505 Barton Springs Road, 7th Floor Office: 512.974.2260 Follow us on Facebook, Twitter & Instagram @DevelopmentATX We want to hear from you! Please take a few minutes to complete our online customer survey. Nos gustaría escuchar de usted. Por favor, tome un momento para completar nuestra encuesta. Scheduled Meeting Disclosure Information: In accordance with City of Austin Ordinance 20160922-005, responsibility of written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question as defined within City Code 4-8-2 for compensation on behalf of another person. Development Services Department has elected to implement an electronic survey as the methodology to provide the opportunity to record information as required of the department under Section 4-8-8 (E) of the City Code. Individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions included in the department survey available at the following link: DSD Survey. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: Click here to view City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: Thompson, Jeffrey - BC Sent: Thursday, March 01, 2018 3:08 PM To: Johns, Renee <Renee.Johns@austintexas.gov>; Olsen, Dillon <Dillon.Olsen@austintexas.gov> Subject: 1401 E 3rd Street Hi Dillon, I'm looking into a case on behalf of a district 3 constituent. She is concerned that P-4/58the house being built at 1401 E 3rd does not have a 5 foot side setback. Looking at the plan (2017-043148 PR), it clearly shows that the house encroaches on the 5 foot set back line. Can you tell me if this is in fact an approved plan and if so can you please explain why? Thank you so much for your time. Jeff Thompson District 3 Planning Commissioner Office: 512-314-1830 Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a P-4/59municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. P-4/60From: To: Subject: Date: Attachments: Ron Thrower Ramirez, Elaine RE: BOA Case C15-2020-0020 Monday, May 11, 2020 5:04:38 PM image001.png *** External Email - Exercise Caution *** Elaine, Making sure the below got to BOA Membners for this case on for tonight. Let me know please. Be smart. Be safe. Be kind. Ron Thrower 510 South Congress, Suite 207 Mail: P.O. Box 41957 Austin, Texas 78704 512-476-4456 office 512-731-2524 cell CONFIDENTIALITY NOTICE: This communication is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that any use, dissemination, distribution, or copying of this communication or any attachment is strictly prohibited. In such an event, please contact the sender immediately and delete all copies of this communication and any attachment. From: Ron Thrower Sent: Monday, May 11, 2020 12:55 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: BOA Case C15-2020-0020 Elaine, Can you please forward this to all Board Members – P-4/61Board of Adjustment members, For full disclosure, I am a registered Lobbyist with the City of Austin. I am not working for any paying client on this case, and none of my questions or comments are meant to be taken as lobbying. My questions and comments are only to gain clarity to the situation. We were asked to review the materials for the above referenced case. While this does appear to be a surveying error, it would be helpful to understand a few items for this case: 1. Has the survey for which the error occurred been made public? 2. The new survey finds the property to be wider at the alley by 0.44’ (33.97’ from Building Permit set vs 34.41’ from updated survey). The new survey only reflects the encroachments to the side setback but does not reflect distances to Navasota Street Right-of-way. In theory, with the building designed at 13’-10” in width coupled with the 2.77’ setback of the building on the east property line, the distance to the Navasota Street Right-of-way on the southern end of the building should be +/-17.81’. Can this be verified? 3. Does the decreased setback create a fire hazard? Are non-combustible materials used along the eastern property line? Is the house sprinkled? 4. The building plans reflects two 36” doors opening outward on the east side of the proposed house. Did no one notice that the door did not open completely or was too close to the fence (assuming it is on the property line. No documentation appears to exist in the records showing the location of the fence.) Again, this appears to be a surveyor error and it is unfortunate that it has reached this point. While it would be nice to have answers to the questions herein, we support any decision the BOA may reach for this case. Be smart. Be safe. Be kind. Ron Thrower 510 South Congress, Suite 207 Mail: P.O. Box 41957 Austin, Texas 78704 512-476-4456 office 512-731-2524 cell P-4/62 CONFIDENTIALITY NOTICE: This communication is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that any use, dissemination, distribution, or copying of this communication or any attachment is strictly prohibited. In such an event, please contact the sender immediately and delete all copies of this communication and any attachment. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. P-4/63Susan Benz Ramirez, Elaine Fwd: BOA Case # C15-2020-0020 - I object Tuesday, May 12, 2020 9:28:33 AM *** External Email - Exercise Caution *** From: To: Cc: Subject: Date: Elaine, Good morning. I've just read the email from Jeff Thompson (below) who served many years on our neighborhood plan contact team. The fact that he pointed out the error in the layout of the foundation to the City early on and several times and no action was taken by Code Enforcement or Building Inspection is extremely unfortunate. My personal belief is that this case should be investigated as to where the failure to enforce the code took place so that it can be avoided again. Please convey the message to the Board of Adjustment that the East Cesar Chavez Neighborhood Plan Contact Team is even more strongly opposed to any variance or waiver given to this project. Most sincerely, Susan Benz Business Rep and Treasurer East Cesar Chavez Neighborhood Plan Contact Team Susan Benz | Benz Resource Group 1101 - B E 6th St - Medina Street Entrance Austin, TX 78702 512-220-9542 Keep Calm and Carry On ... and wash your hands! ---------- Forwarded message --------- From: Amy Thompson < Date: Mon, May 11, 2020 at 11:24 PM Subject: Fwd: BOA Case # C15-2020-0020 - I object To: David Brearley < <b >, Pamela Colloff < , Susan Benz > ---------- Forwarded message --------- From: Thompson, Jeffrey - BC Date: Mon, May 11, 2020 at 1:22 PM Subject: BOA Case # C15-2020-0020 - I object To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Cc: Amy Thompson < P-4/64I would like to strongly state my objection to the request for relief from set back requirements at 1401 E. 3rd. My neighbor Amy Thompson (no relation) pointed out the property to me early in its construction. It was clear from viewing the property that the builders were not abiding by the standard setback. I wrote to City staff alerting them of the situation in January 2018 when the project was simply a foundation on the ground. Over the next weeks I sent several emails including photos of setback infringement. Each time I was assured by staff that if there were errors they would be caught at inspection. I support changes to City code that will allow more and denser housing, especially in our City Core. I have also supported changes that allow streamlining of approval to make development easier. But I have never supported relaxation of laws that were intended to ensure the safety of our residents. To waive those requirements now would simply be allowing the creation of substandard housing because the developer and City made mistakes and do not want to pay the price for them. Jeff Thompson 1408 Willow Street Austin, TX 78702 Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. P-4/65CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. P-4/66Pamela Colloff Ramirez, Elaine From: To: Cc: Subject: Date: opposition to request in BOA Case # C15-2020-0020 Monday, May 11, 2020 11:49:08 AM *** External Email - Exercise Caution *** Dear Ms. Ramirez: I would like to express my strenuous opposition to the request for a setback variance in BOA Case # C15-2020- 0020. My primary residence is located within 500 feet of 1401 E. 3rd Street, which is the property in question. The structure at 1401 E. 3rd virtually abuts the neighboring property. The foundation is clearly FAR less than 5 feet from the property line. This is an obvious fire hazard. It is not hard to imagine how a small fire could quickly consume multiple structures given their current proximity to each other. Allowing such a set back variance would be a clear danger to public safety, both for residents and first responders. I would encourage you to look at this property in person, since it will immediately become clear to you--in ways that words and measurements cannot--why this is a hazard to our entire neighborhood. I urge you to reject the request for a setback variance in BOA Case # C15-2020-0020. Thanks very much for considering this request. Best wishes, Pamela Colloff 1305 E. 2nd Street Austin TX 78702 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. P-4/67