Board of AdjustmentSept. 14, 2020

C-4 C15-2020-0044 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C15-2020-0044 Item C-4 DATE: Monday September 14, 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 ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Martha Gonzalez (Alternate) APPLICANT: Eduardo Ponce OWNER: Scott McElwain ADDRESS: 1209 TAYLOR ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (B) from lot area of 5, 750 square feet (required) to 5, 647 square feet (requested) in order to erect a Two-Family Residential use in an “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: Per LDC for a Two-Family Residential use the minimum lot area is equivalent to a standard lot. BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member Michael Von Ohlen motions to Grant from lot area requirements to erect Two-Family Residential use with condition that structures (existing and proposed combined) not exceed .4 FAR, Board Member Brooke Bailey seconds on an 11-0 vote; GRANTED FROM LOT AREA REQUIREMENTS TO ERECT TWO-FAMILY RESIDENTIAL USE WITH CONDITION THAT STRUCTURES (EXISTING AND PROPOSED COMBINED) NOT EXCEED .4 FAR. EXPIRATION DATE: September 14, 2020 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: East Cesar Chavez NP outlined objectives include preserving home ownership and physical features of the neighborhood, maintain and increase the number of homeowners in the neighborhood, minimum lot requirement of 5,750 sf restricts the increase of homeowners in the area, existing lot size is 5,647 sf just short by 103 sf 2. (a) The hardship for which the variance is requested is unique to the property in that: SF-3 lot size less than lot minimum required for 2 family residential, this prevents the lot from meeting some of the objectives of the East Cesar Chavez NP (b) The hardship is not general to the area in which the property is located because: Majority of the lots in the area not through lots, this lot presents a unique opportunity for homes with street frontage 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: proposed new construction is within the original intentions of the neighborhood plan and existing residential structures on adjacent lots. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for