D-1 C15-2020-0042 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday September 14, 2020 CASE NUMBER: C15-2020-0042 Item C-2 ___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: Harmony Grogan OWNER: Jessie Patton-Levine ADDRESS: 2202 49TH ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% of $69,983 (allowed) to $150,000 (requested) in order to complete a remodel and addition to an existing single- family residence in a “SF-3-NP” Single-Family Residence zoning district Note: Per LDC for a Nonconforming Use - A person may improve, enlarge, or structurally alter a structure if the cost does not exceed 20 percent of the value of the structure before the improvement. Per applicant: The improvements allowed, or 20% of the value equals $13,996. Per code, we are able to make improvements of $13,996 and we are asking to make improvements of $150,000. BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member Michael Von Ohlen motions to Postpone to October 12, 2020, Board Member Melissa Hawthorne seconds on an 11-0 vote; POSTPONED TO OCTOBER 12, 2020. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: D-1/1 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 forD-1/2D-1/3D-1/4D-1/5D-1/6Friday, September 25, 2020 at 10:53:36 Central Daylight Time Subject: RE: 2202 W 49th Street- residen4al ques4on for BOA Date: Wednesday, September 16, 2020 at 1:47:57 PM Central Daylight Time From: Richards, John To: Harmony Grogan CC: Ramirez, Elaine ADachments: image001.png Alyssa is correct on both issues. Assuming the house is in the original footprint, and from what I can tell that is the case, the house is legal non-complying and does not need a variance to encroach into the street side setback as it was built prior to our current land development code. The 1984 aerial we have looks like the footprint is in the same configura4on. She is also correct about the driveways. The City allows non-complying driveways to be maintained if leY unaltered. The addi4ons to the house do not require the driveway be brought into compliance, nor should you have to seek a variance for a house residing in a setback that was built pre-1986. I’m not sure if that’s much help but I do not know why the Board would be asking for the addi4onal variance for things we would not reject for, nor send you to the board for a variance. John Richards Planner Senior, Residential Review City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-9155 Please contact my direct supervisor with any kudos or concerns at emily.layton@austintexas.gov PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. 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 From: Harmony Grogan Sent: Wednesday, September 16, 2020 9:34 AM To: Richards, John <John.Richards@aus4ntexas.gov> Cc: Ramirez, Elaine <Elaine.Ramirez@aus4ntexas.gov> Subject: 2202 W 49th Street- residen4al ques4on for BOA Page 1 of 2 D-1/7*** External Email - Exercise Caution *** Hello John, Elaine Ramirez suggested I contact you regarding a proposed project for the single family residence at 2202 West 49th Street. I’ve previously met with Alyssa Mayfield during a PPR and I was told we would need to seek a variance for the property since the lot is substandard. The lot is only 5,025 SF and was subdivided aYer 1946 (1960). Per LDC-2-947(B)(2), we can only make improvements of 20% of the value, limi4ng any remodels or addi4ons to 14k. The case was on the BOA agenda early this week. The board postponed the case because they felt we needed a second variance since the exis4ng residence sits outside of the street yard setback along 49th Street. They asked me to confirm this with residen4al staff. I’m confused by this because this house was built in 1947 and the structure is non-complying. It’s always been my understanding that you can make improvements to a non-complying structure as long as you are not increasing the non-compliance. We are only proposing addi4ons within the setbacks. The Board also men4oned that they felt the driveways must be brought up to current code. Alyssa reviewed the driveways with me and I was told we did not have to adjust these since we were adding less than 50% of the current SF. Can you provide any clarity on this? I’ve ajached the current and proposed site plans. Please let me know if you need any addi4onal informa4on. I very much appreciate your 4me, Harmony Grogan, AIA Pluck Architecture 512-507-4096 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 cybersecurity@austintexas.gov. Page 2 of 2 D-1/8Proposed improvements: Meet FAR, impervious, & bldg coverage Within all setbacks Do not require additional variances for driveways or the non-complying structure Officially subdivided in 1960 (i.e. after 1946) Appraised Structure Value per TCAD is $69,983 BUT B/C Lot is 5,052 SF (smaller than 5,750 SF) LDC § 25-2-947(B)(2) IMPROVEMENTS CAPPED AT $13,996 (20% of appraisal) No additions, no energy efficient windows, no updated siding, no kitchen/ bath renovations = ≠ HARDSHIP REASONABLE USE D-1/9 September 24, 2020 Dear City of Austin Board of Adjustments, I’m seeking a variance from the LDC 25-2-947(8)(2) Nonconforming Use for a SF-3 residential property and asking to improve the structure with an interior remodel and addition of 270 SF, valued at up to $150,000. Per current code, no improvements valued over $13,996 are allowed to this residence built in 1947. This hardship only results because the lot is substandard as it was subdivided in 1960 and is less than 5,750 SF. The existing residence measures only 942 SF and needs renovation. All proposed improvements will be within setbacks, conform to FAR and impervious calculations, and will match the existing character of the home and neighborhood in size and proportion. The only impediment to this minimal renovation and addition is the seemingly arbitrary dollar limitations imposed by LDC 25-2-947(8)(2), which was only triggered by the lot being subdivided 60 years ago, instead of 74 years ago. Without a variance, the homeowners are barred from doing any renovation over $13,996, which in my experience prohibits any improvements to their home. Thank you for your consideration. Sincerely, Harmony Grogan, AIA Principal, Pluck Architecture D-1/10Subject: Re: Follow-up on 2202 W 49th St renova8on plans Date: From: To: CC: Thursday, August 27, 2020 at 11:17:12 AM Central Daylight Time T Holmes Brian Diggs Harmony Grogan, JPL, Jeff Archer, Carl Reynolds Good Morning Brian and Harmony, Sorry for the delay. Things have been quite hectic lately. The RNA does not oppose your request for a variance. The RNA does not usually take a position on variance requests of this type whose effect is limited to a small part of the neighborhood. If we are contacted by the neighbors after the city provides notice, we will let you know and see if we can work toward a solution. The city staff and Board of Adjustment generally understand that a NA is not in a position to take sides on a small issue like a setback. We are understanding of your dilemma. You are of course welcome to state that you have consulted the RNA and that we have elected to remain neutral/unopposed at this time. That is generally a good thing with the city. Enjoy your day! Teresa Holmes & Jeff Archer (RNA Co-President) cc Carl Reynolds (RNA Co-President) Page 1 of 1 D-1/11