P-3 C16-2020-0016 PRESENTATION — original pdf

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C15-2020-0016 / 4013 Clawson Rd – Additional Material (Postponement) This is the same application as the one approved in 2018. I have included my complete original application and the decision sheet in this update for your review. Any variation in the “conceptual plan” reflects simplification only. No building size or placement on either plan should be considered for any purpose other than giving the reader a sense of the size of the lot. No final decisions have been made about what may be built. The final decision about what can and will be built will be based on permit applications, reviews, and approvals by the Development Services department. There is no site plan process for an SF-3 two-unit lot; in applying for the subdivision with Land Use, we were told that all that we should submit is the lines we want to draw and a utility plan. Numerous other lots along Clawson have been divided into flag lots, and the neighborhood (including Clawson Road) has numerous multi-family developments. This was the basis for the findings in my original variance approval, including that the variance will not alter the character of the area. The facts on the ground have not changed. Denying an application that is exactly the same as last time, when no facts have changed, would be a gross unfairness. The only reason I am before you again is because (1) the City told me to get my original variance before submitting for my subdivision; and (2) the City took so long to process my subdivision application that both the application and the variance expired. This lot is currently a half-acre and is entitled for only one house and one ADU. The City’s target density for SF-3 lots is eight primary units and eight secondary per acre. Approving this variance and subdividing the lot will only lead to half that density, but will double the current allowance and help achieve the City’s housing goal – a goal the prior Board recognized in its approval (finding #1). At the time more than 80% of the homeowners within 300 feet signed a statement of support for the variance. I am happy to abide by the conditions placed last time, and request that you place the same conditions on this renewal. I want to be clear that the result of the subdivision will be two SF-3 lots, on which only two housing units can be developed. Whether or not the final permit applications contain a garage is a decision that will be made once architecture and permitting begin. The condition that any garage, if built, not have any habitable space is perfectly acceptable. I appreciate the concerns expressed by Ms. McCart and they will be addressed and mitigated, if necessary, during the engineering and architecture process for what will eventually be proposed to Development Services – and during the permit review and approval process. I respectfully request that the Board recognize the prior Board’s actions and approval, along with the conditions that were set, and re-issue this variance. A T T A C H M E N T A 4013 Clawson Rd LLC 1802 Purple Sage Drive Cedar Park TX 78613 (512) 720-8654 December 4, 2017 Leane Heldenfels Board of Adjustments City of Austin 505 Barton Springs Rd Austin, TX 78704 Dear Ms. Heldenfels: Enclosed please find my Board of Adjustment variance request for 4013 Clawson Road. I am requesting a variance from Code section 25-4-174 to allow for this large lot to be subdivided into two lots, one flag lot and one lot with a width of 35’ (which requires the variance). Under the conceptual plan attached to the application, this lot would be subdivided into two lots with a shared, common driveway. This use is consistent with the area and an example can be found about 500’ to the southwest of this lot. The new lot would be approximately 8,350 square feet, significantly larger than the minimum required lot size of 5,750 square feet. It will have a 35’ frontage adjacent to the Clawson Road ROW and a depth of approximately 238 feet. It will share the 15’ “flag” of the new rear lot as part of the common driveway. Even though this lot requires a variance to allow a 35’ frontage, at approximately 8,350 square feet it will allow more than adequate size and shape for a quality residential home site. The re-subdivision process for this configuration prohibits the configuration of this large lot into two sections due to the Code requirement for a 50’ lot width, and limits the use of the current 19,600 square feet to only two housing units. My understanding is that variances are usually granted when the applied code creates a hardship, and this would be a hardship within the land development code. Sincerely, Chris Paladino Manager CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. complete Section as needed. For Office Use Only If more space is required, please Section 1: Applicant Statement 4013 Clawson Road, Austin, TX 78704 Being 0.45 of an acre of land out of lots 25, 26 and 27, Bannister Heights Subdivision According to the Map or Plat Thereof Recorded in Vol 3. Page 256 ... Doc number 2016071699 Bannister Heights Chris Paladino 4013 Clawson Rd LLC December 4 2017 future residential Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ 25-2-492, minimum width requirement of 50' for SF-3 lot. Applicant requests permission to ____________________________________________________________________________ subdivide previously-unplatted property into two lots: a "front" lot with a minimum 34.8' width (at ____________________________________________________________________________ rear of new lot) and a "rear" lot that will remain minimum 49.82' wide. The "rear" lot would be ____________________________________________________________________________ accessible to Clawson Road via a 15'-wide "flag". Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting 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: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: ____________________________________________________________________________ SF-3 zoning contemplates a density of eight primary residences and eight secondary ____________________________________________________________________________ residences per acre. Subject property is 19,602 SF in size, over three times the minimum lot ____________________________________________________________________________ size required by the LDC. Thus, a reasonable use for this property is subdivision into at least ____________________________________________________________________________ two lots. However, subject property is only 50.03’ wide at the front property line and 49.82’ ____________________________________________________________________________ wide at the rear property line. The LDC mandates a minimum of 50’ lot width. Therefore, ____________________________________________________________________________ without a variance, subject property can only house one primary residence and one secondary ____________________________________________________________________________ residence per acre, a density that is one-eighth of what is permitted by the LDC. Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ Subject property is the narrowest property of its size in the general vicinity. Similarly-sized ____________________________________________________________________________ properties across the street are, in general, 65' wide, which could be (and have been) ____________________________________________________________________________ subdivided in the manner that the Applicant proposes to subdivide the subject property. ____________________________________________________________________________ ____________________________________________________________________________ b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ Subject property is the narrowest property of its size in the general vicinity. Similarly-sized ____________________________________________________________________________ properties across the street are, in general, 65' wide, which could be (and have been) ____________________________________________________________________________ subdivided in the manner that the Applicant proposes to subdivide the subject property. ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 5 of 8 Area Character 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: ____________________________________________________________________________ Only one of the proposed four housing units will front on Clawson Road, thus maintaining the ____________________________________________________________________________ “single-family” character of the streetscape. The remainder of the housing units will be ____________________________________________________________________________ accessible via a common driveway. LDC-compliant parking will be provided onsite for each ____________________________________________________________________________ housing unit. The housing units shall comply with all applicable provisions of the Residential ____________________________________________________________________________ Design and Compatibility Standards of the LDC. ____________________________________________________________________________ Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 6 of 8 Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: _____________ Applicant Name (typed or printed): ___________________________________________________ Chris Paladino Applicant Mailing Address: __________________________________________________________ 1802 Purple Sage Dr City: ________________________________________ State: ________________ Zip: _______ Cedar Park 78613 TX Phone (will be public information): ____________________________________________________ (512) 720-8654 Email (optional – will be public information): ____________________________________________ chris@ncpholdings.org Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: _____________ Owner Name (typed or printed): ______________________________________________________ Chris Paladino, Manager for 4013 Clawson Rd LLC Owner Mailing Address: ____________________________________________________________ 1802 Purple Sage Dr City: ________________________________________ State: ________________ Zip: _______ Cedar Park 78613 TX Phone (will be public information): ____________________________________________________ (512) 720-8654 Email (optional – will be public information): ____________________________________________ chris@ncpholdings.org Section 5: Agent Information Agent Name: ____________________________________________________________________ Agent Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 7 of 8 12/4/1712/4/17(cid:14)(cid:15)(cid:15)(cid:13)(cid:16) Aerial View surrounding 4013 Clawson Rd Imagery ©2017 Google, Map data ©2017 Google 50 ft CONCEPTUAL PLAN CONCEPTUAL PLAN CONCEPTUAL PLAN CONCEPTUAL PLAN CONCEPTUAL PLAN CONCEPTUAL PLAN CONCEPTUAL PLAN Subject Property view from street 4013 Clawson Rd Views of Clawson Road with subject property at le(cid:332) of photo Similar layout (4 houses built along deep lot) across the street from subject property, towards Southwest, approximately 500’ from subject. New construc(cid:415)on at corner Two proper(cid:415)es across the street from subject Rear por(cid:415)ons of subject property (page 1 of 2) Rear por(cid:415)ons of subject property (page 2 of 2)