P-1 C15-2019-0063 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday, May 11, 2020 CASE NUMBER: C15-2019-0063 ___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 ___Y____Kelly Blume (Alternate) _______Martha Gonzalez (Alternate) OWNER/APPLICANT: Stephen Rison ADDRESS: 1507 FAIRFIELD DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the minimum setback requirement of LDC Section 25-2-492 (Site Development Regulations) (D) to decrease the rear setback requirement from 10 feet (required) to 0 feet (requested) in order to maintain an existing shed in an “SF-3-NP”, Single-Family zoning district. (Wooten Neighborhood Plan) BOARD’S DECISION: BOA JAN 13, 2020 POSTPONED TO FEBRUARY 5, 2020 BY APPLICANT; FEB 5, 2020 POSTPONED TO MARCH 9, 2020 BY APPLICANT DUE TO AE DENIAL; MAR 9, 2020 POSTPONED TO APRIL 13, 2020 BY APPLCIANT (LAST POSTPONEMENT); May 11, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member William Hodge motions to postpone to June 8, 2020, Board Member Jessica Cohen seconds on an 11-0 vote; POSTPONED TO JUNE 8, 2020. EXPIRATION DATE: 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: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez forP-1/1May 5, 2020 Stephen Rison 1507 Fairfield Dr Austin TX, 78757 Property Description: LOT 28 WOOTEN PARK SEC 5 Re: C15-2019-0063 Dear Stephen, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the minimum setback requirement which being found in the following section of the Land Development Code; Section 25-2-492 (Site Development Regulations) (D) To decrease the rear setback requirement from 10 feet (required) to 0 feet (requested); In order to maintain an existing shed in an “SF-3-NP”, Single-Family zoning district. (Wooten Neighborhood Plan) The applicant has carried out the demolition and disassembly of the structures, in the rear portion of above address, therefore eliminating Austin Energy’s clearance conflicts with the structures from the existing electric lines. Therefore, 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-1/2CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday, March 9, 2020 CASE NUMBER: C15-2019-0063 Item # P-3 _______Brooke Bailey _______Jessica Cohen _______Ada Corral _______Melissa Hawthorne _______William Hodge _______Don Leighton-Burwell _______Rahm McDaniel _______Darryl Pruett _______Veronica Rivera _______Yasmine Smith _______Michael Von Ohlen _______Kelly Blume (Alternate) _______Martha Gonzalez (Alternate) OWNER/APPLICANT: Stephen Rison ADDRESS: 1507 FAIRFIELD DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the minimum setback requirement of LDC Section 25-2-492 (Site Development Regulations) (D) to decrease the rear setback requirement from 10 feet (required) to 0 feet (requested) in order to maintain an existing shed in an “SF-3-NP”, Single-Family zoning district. (Wooten Neighborhood Plan) BOARD’S DECISION: BOA JAN 13, 2020 POSTPONED TO FEBRUARY 5, 2020 BY APPLICANT; FEB 5, 2020 POSTPONED TO MARCH 9, 2020 BY APPLICANT DUE TO AE DENIAL; MAR 9, 2020 POSTPONED TO APRIL 13, 2020 BY APPLCIANT (LAST POSTPONEMENT) EXPIRATION DATE: 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: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez forP-1/3P-1/4P-1/5BOA GENERAL REVIEW COVERSHEET CASE: C15-2019-0063 BOA DATE: January 13th, 2020 ADDRESS: 1507 Fairfield Dr. OWNER: Stephen H. Rison COUNCIL DISTRICT: 7 AGENT: N/A ZONING: SF-3-NP LEGAL DESCRIPTION: LOT 28 WOOTEN PARK SEC 5 VARIANCE REQUEST: Setback requirements SUMMARY: maintain an existing shed 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 ISSUES: trees would have prohibited construction in other areas; previous shed was built in same location NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group Wooten Neighborhood Assn. Wooten Neighborhood Plan Contact Team P-1/6January 2, 2020 Stephen Rison 1507 Fairfield Dr Austin TX, 78757 Re: C15-2019-0063 Dear Stephen, Property Description: LOT 28 WOOTEN PARK SEC 5 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from variance(s) from the minimum setback requirement of LDC Section 25-2-492 (Site Development Regulations) (D) to decrease the rear setback requirement from 10 feet (required) to 0 feet (requested) In order to maintain an existing shed in an “SF-3-NP”, Single-Family zoning district. (Wooten Neighborhood Plan) DENIED BY AUSTIN ENERGY (AE) , due to applicant having a permanent structures that conflict with Austin Energy’s clearance requirements. The Customer's facilities/installations shall maintain clearances from AE overhead facilities as required in Section 234 of the NESC. See NESC Clearance Envelope below for typical NESC clearances of 12-foot 6-inch vertical and 7-foot 6-inch horizontal from AE overhead primary voltage lines. Contact AE Design for specific clearance information. In addition, the Customer's facilities shall not be installed under or over AE overhead distribution facilities and shall maintain a minimum horizontal clearance of 7'-6" from overhead AE distribution facilities. It is recommended that you remove the features shown on the submitted survey, be relocated from outside the easement area and that they maintain the required electric clearance requirements. Please contact Eben Kellogg Property Agent for Austin Energy - Public Involvement and Real Estate Services 512-322-6050/ eben.kellogg@austinenergy.com to demonstrate that this has been accomplished. 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. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 P-1/7L L E R R U B R E R S E E S A R E A C R H C H B L V D R E S E A R C H R E S E A R C H B L V D R U O T N O C W E Y F O R D FAIR FIELD VILL A N O V A R E M O R K P O L A R ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2019-0063 1507 Fairfield Drive 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 " = 141 ' 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-1/8P-1/9P-1/10Portion of the City of Austin Land Development is seeking a variance from: Code applicant into a rear yard setback. Austin City Code Section: zoning violations -Encroaching Section 2: Variance Findings The Board must determine findings as part of your application. Failure to do so may result incomplete. any additional the existence Therefore, Please attach described you must complete supporting of, sufficiency below. of, and weight of evidence each of the applicable Statements as Findings being rejected in your application supporting the documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Use Reasonable The zoning regulations has been developed The property applicable to the property do not allow for a reasonable use because: for many years. In some cases trees were located in areas that would have prohibited in other areas of the property. construction fence line originally roeas1 iced from Iba feacetass11med tl'io□ght to be me property line Is actually a few A few trees have been removed for safety reasons. feet on to tM neighbors The survey indicates that the proper'lfoehind. Any setoaclc property lioe wo1 dd have yielded possible setback iss11es Realizing the aeed foe a sbed aod the location of the pool would hm1t areas where it might be more appropriately located. Hardship a)The hardship This building for which the variance is requested is unique to the property in that: was constructed almost 20 years ago in the location of a previous shed which had deteriorated to the point it needed to be reconstructed. Because be a v1olabon f}fGl:lerty whish would of the ordinances I investigated allew-for-a-eompany kl some in and move the strusture. . Upon receiving the complaint the original shed was in this location reconstruction in this same area was not thought to options for remedy. there ,s no access to the b)The hardship The current owners in this area have sheds that appear to encroach is not general of the shed makes best use of the land. Aerial iota the location photograph rear yard setbacks to the area in which the property is located because: photography indicated that several property City of Austin I Board of Adjustment General/Parking Variance Application 09/11/2015 I Page 5 of 8 P-1/11P-1/12P-1/13P-1/14P-1/15P-1/16P-1/17P-1/18P-1/19 P-1/20 P-1/21P-1/22 P-1/23 P-1/24 P-1/25 P-1/26P-1/27P-1/28P-1/29 P-1/30P-1/31P-1/32P-1/33 January 28, 2020 Stephen Rison 1507 Fairfield Dr Austin TX, 78757 Property Description: LOT 28 WOOTEN PARK SEC 5 Re: C15-2019-0063 Dear Stephen, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from variance(s) from the minimum setback requirement of LDC Section 25-2-492 (Site Development Regulations) (D) to decrease the rear setback requirement from 10 feet (required) to 0 feet (requested) In order to maintain an existing shed in an “SF-3-NP”, Single-Family zoning district. (Wooten Neighborhood Plan) DENIED BY AUSTIN ENERGY (AE) , due to applicant having a permanent structures that conflict with Austin Energy’s clearance requirements. The Customer's facilities/installations shall maintain clearances from AE overhead facilities as required in Section 234 of the NESC. See NESC Clearance Envelope below for typical NESC clearances of 12-foot 6-inch vertical and 7-foot 6-inch horizontal from AE overhead primary voltage lines. Contact AE Design for specific clearance information. In addition, the Customer's facilities shall not be installed under or over AE overhead distribution facilities and shall maintain a minimum horizontal clearance of 7'-6" from overhead AE distribution facilities. It is recommended that you remove the features shown on the submitted survey, be relocated from outside the easement area and that they maintain the required electric clearance requirements. Please contact Eben Kellogg Property Agent for Austin Energy - Public Involvement and Real Estate Services 512-322-6050/ eben.kellogg@austinenergy.com to demonstrate that this has been accomplished. 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. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 P-1/34From: To: Cc: Subject: Date: Attachments: Ramirez, Elaine RE: Possible Postponement for C15-2019-0063 / 1507 Fairfield Dr Thursday, January 30, 2020 3:53:45 PM image001.png *** External Email - Exercise Caution *** Elaine,   We are going to have to request another postponement to the next meeting date. I will follow up with you once I have an update.   Thank you, Micah   Micah J. King Attorney Direct: 512.370.3468 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov>  Sent: Thursday, January 30, 2020 9:47 AM To:  Subject: Possible Postponement for C15-2019-0063 / 1507 Fairfield Dr Importance: High   [EXTERNAL EMAIL] Good morning Gentlemen, In speaking with Austin Energy I understand the above case is still denied.  Please let me know if you will be requesting a Postponement   Please keep in mind if you postpone you will need to let me know which meeting you wish to move it to and if more than 60 days, a re-notification fee of $324.48 will also apply.    BOA Mtg. Schedule 2020 (BOA meets on the 2nd Monday of the Month)   Mar. 9 Apr. 13 May 11 Jun. 8 P-1/35Jul. 13 Aug. 10 Sept. 14 Oct. 12 Nov. 9 Dec. 14     Someone will still need to show up to the Wed. Feb. 5, 2020 mtg. in case the Board has questions as to why it is being Postponed.  If you would like to Withdraw the case you will need to write a letter stating why you would like to Withdraw the case and e-mail it to me.       Respectfully, Elaine Ramirez Board of Adjustment Liaison Planner Senior City of Austin Development Services Department One Texas Center, 1st Floor 505 Barton Springs Rd Office: 512-974-2202   Follow us on Facebook, Twitter & Instagram @DevelopmentATX   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: City of Austin Ordinance 2016-0922-005  |  City Clerk’s website  |  City Clerk’s FAQ’s   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-1/36Linda Teague 1502 Fairfield Dr. Austin, TX 78757 October 14, 2019 Board of Adjustment Austin, Texas To whom it may concern, I have been asked to write a letter of character for my neighbor Steve Rison (1507 Fairfield Dr.). I have known Steve since he moved into the neighborhood in 1984. He is, without doubt, an exceptional neighbor and Austinite. While living here for a very short time, he took it upon himself to get Neighborhood Watch. He led the process by contacting residents, ensuring that attendance requirements were met, paying for and installing the sign, and making sure everyone felt safe and secure. He has been a very stable and delightful part of our neighborhood. Knowing Steve all these years, I feel it is not in his nature to try to abuse rules or regulations. His main purpose is to make his home and surroundings inviting. He really is the ambassador for our little area. He introduces himself to people moving in and makes them feel welcome. He offers suggestions and helpful hints to new residents. Steve is a very positive and cheerful person. It is not his purpose to cause problems for anyone or anything. He only wants what is best for everyone and Austin. I respect Steve and cannot say enough nice things about him. He is truly a very caring and lovely person. I hope that all these concerns can be addressed and solved. Steve is a charming sole and respected by many. The building in question is quite quaint and it would be sad if it had to be removed. It is the inspiration for many conversations and enjoyable evenings. I cannot imagine the benefit if it were removed—it is a part of our neighborhood and our history. If you would like to talk to me or have further questions, please feel free to contact me at 512- 453-6884. Cordially, Linda Teague Fellow Austinite P-1/37To Whom It May Concern: Steve has been our neighbor since we moved to the Wooten in 2013. He has been a part of this neighborhood far longer than most. He was the first person to welcome us here and has always had an open invitation to all the neighbors for his gatherings. For the most part, our neighbors have a “live and let live” philosophy towards each other. Steve has always been supportive to the changes we have made to our own home, from complimenting our new paint colors to commiserating over the loss of our last shade tree due to disease. Having lived next door to him for 6 years, we can attest to the fact that his frequent social gatherings have never been a nuisance. While we only have limited information concerning what brought about the issue at hand, it seems that a small handful of people in the neighborhood have taken to utilizing the city’s Code Enforcement to harass their neighbors. We have also been on the receiving end of an unnecessary visit from Code Enforcement that could have been resolved by a simple conversation. Other neighbors have shared similar stories on our neighborhood group in recent months. It is downright shameful to have resulted in this situation. Steve’s property, like himself, is unique, a bit weird, and part of what makes living in Austin wonderful. The structure at the back of his property has been standing for nearly 20 years and has yet to be a problem for anyone. Sincerely, Austin and Jaimie Schweiger 1505 Fairfield Drive, Austin, TX 78757 P-1/38