D-1 C15-2020-0042 ADV PACKET PART2 — original pdf

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D-1/12D-1/139/7/2020 ARTICLE 7. - NONCONFORMING USES. | Code of Ordinances | Austin, TX | Municode Library § 25-2-941 - NONCONFORMING USE DEFINED. NONCONFORMING USE means a land use that does not conform to current use regulations, but did conform to the use regulations in effect at the time the use was established. The use of a building, structure, or property that conformed with the zoning regulations in effect on March 1, 1984 is a conforming use notwithstanding the requirements of this chapter. Source: Section 13-2-331; Ord. 990225-70; Ord. 031211-11. § 25-2-942 - USES CONFORMING ON MARCH 1, 1984. Source: Section 13-2-340; Ord. 990225-70; Ord. 031211-11. § 25-2-943 - SUBSTANDARD LOT. (A) (B) A substandard lot may be used for a nonresidential use that is permitted in the zoning district in which the lot is located if, except for minimum lot area, the use and development complies with the requirements of this title. A substandard lot may be used for a single-family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (1) A substandard lot recorded in the county real property records before March 15, 1946 must: (a) (b) have an area of not less than 4,000 square feet; and be not less than 33 feet wide at the street or at the building line, or have access to a street by an easement that is: (i) (ii) (iii) not less than ten feet wide if it serves one lot, or not less than 18 feet wide if it serves more than one lot; not more than 150 feet in length; and maintained for access by the property owner. (2) A substandard lot recorded in the county real property records after March 14, 1946 must: (a) (b) have an area of not less than 5,750 square feet; and be not less than 50 feet wide at the street or at the building line. (C) (D) If a substandard lot is used with one or more contiguous lots for a single use or unified development, the requirements of this chapter apply to the aggregation of lots as if the aggregation were a single lot. A substandard lot that is aggregated with other property to form a site may not be disaggregated after August 6, 2007 to form a site that is smaller than the minimum lot area requirement. Source: Sections 13-2-334, 13-2-335, and 13-2-336; Ord. 990225-70; Ord. 031211-11; Ord. 20070726-131. https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-2ZO_SUBCHAPTER_CUSDERE_ART7NOUS_S25-2-947NOUSRE… 1/1 D-1/148/28/2020 ARTICLE 7. - NONCONFORMING USES. | Code of Ordinances | Austin, TX | Municode Library § 25-2-947 - NONCONFORMING USE REGULATION GROUPS. (A) (B) (C) (D) (2) A Group "A" nonconforming use must comply with the regulations described in this subsection. (1) Except as provided in Subsections (B)(1) and (2), a Group "A" nonconforming use must comply with Group "B" nonconforming use regulations. A person shall discontinue a nonconforming use not later than 10 years after the date the use becomes nonconforming, if the use occurs: (a) (b) Maintenance or improvement of a structure is limited to that required by law to comply with minimum health and safety requirements. The value of an improvement described in this paragraph may not be used in determining the value of a structure. outside a structure; or in a structure valued at less than $10,000. (3) A Group "B" nonconforming use must comply with the regulations described in this subsection. (1) increase the floor space or site area of a nonresidential use; or make a change that increases the amount of required off-street parking. A person may continue a nonconforming use and maintain an associated structure, except the person may not: (a) (b) 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. An improvement required by law to meet minimum health and safety requirements, or an improvement to a portion of a structure used solely for a conforming use may not be used in determining valuations under Subsection (B). (3) (2) A Group "C" nonconforming use must comply with the regulations described in this subsection. (1) (2) A person may continue a nonconforming use and maintain an associated structure. A person may expand the portion of a structure or site that is used for a nonconforming use, except: (a) an expansion of the portion of the site must be on the same lot and may occur only one time; and an expansion may not increase the required off-street parking to more than 120 percent of that required for the use on the later of March 1, 1984 or the date the use became nonconforming. (b) (3) If a structure is used for a nonconforming conditional use that the Land Use Commission has not approved, a person may annually expend not more than 20 percent of the value of the structure to improve, enlarge, or structurally alter the structure. A Group "D" nonconforming use must comply with the regulations described in this subsection. (1) (2) A Group "D" nonconforming use must comply with Group "C" nonconforming use regulations. A nonconforming conditional use approved by the Land Use Commission may be replaced by a similar nonconforming conditional use if the Land Use Commission: (a) reviews traffic generation, noise, hours of operation, number of employees, and other appropriate performance measures; determines that the replacement use will not more adversely affect surrounding uses than does the original use; and approves the replacement use. (b) (c) (E) Except as provided in Subsections (A)(3) and (B)(3), the value of a structure is the value established by the tax appraisal district. Source: Sections 13-1-333 and 13-2-344; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11. https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-2ZO_SUBCHAPTER_CUSDERE_ART7NOUS_S25-2-947NOUSRE… 1/1 D-1/15Next smallest SF-3 lot within 500 ft of 2202 W 49th Street 5,973 SF D-1/162202 W 49th Street PHOTOS South Elevation - view from W 49th Street East Elevation D-1/17West Elevation - view from Tyler Street North Elevation D-1/18T E E R T S R E L Y T ' 5 2 W ' 2 2 ° 2 0 N 21" LIVE OAK (E) DRIVE K C A B T E S D R A Y T N O R F ' 5 2 N 87° 38' 00" E 90.00' AC 5' SIDE YARD SETBACK EXISTING 1-STORY RESIDENCE (E) DRIVE (E) DECK (E) DECK 1 5' S T R E E T Y A R D S E T B A C K N 5 9° 1 4' 0 0" W 6 4.3 3' W 4 9 T H S T R E E T N SITE PLAN SCALE: 1"=10' 1 N 5 1 ° 0 4' W 4 8 . 1 5' K C A B T E S D R A Y R A E R ' 0 1 (E) SHED ' 4 9 . 1 9 E ' 4 3 ° 2 0 S PLUCK ARCHITECTURE HARMONY GROGAN, AIA 1608 TREADWELL STREET AUSTIN, TX 78704 512-507-4096 NOT TO BE USED FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION PROJECT: 2202 W 49TH STREET AUSTIN, TX 78756 DATE: AUGUST 27, 2020 1.0 D-1/19T E E R T S R E L Y T ' 5 2 W ' 2 2 ° 2 0 N 21" LIVE OAK (E) DRIVE N 87° 38' 00" E 90.00' AC 5' SIDE YARD SETBACK I N O T D D A I K C A B T E S D R A Y T N O R F ' 5 2 EXISTING 1-STORY RESIDENCE (E) DRIVE (E) DECK (E) DECK N 5 9° 1 4' 0 0" W 6 4.3 3' 1 5' S T R E E T Y A R D S E T B A C K W 4 9 T H S T R E E T PROPOSED SITE PLAN SCALE: 1"=10' 1 AREA CALCS LOT SIZE: 5,052 SF TOTAL IMPERVIOUS COVERAGE: 1,804 SF 36% (MAX 45%) TOTAL BUILDING COVERAGE: 1,296 SF 26% (MAX 40%) TOTAL FAR: 1,296 SF 26% (MAX 40%) TOTAL CONDITIONED SF: 1,212 SF N ADDITION K C A B T E S D R A Y R A E R ' 0 1 ' . 4 9 1 9 E ' 4 3 ° 2 0 S (E) SHED N 5 1 ° 0 4' W 4 8 . 1 5' PLUCK ARCHITECTURE HARMONY GROGAN, AIA 1608 TREADWELL STREET AUSTIN, TX 78704 512-507-4096 NOT TO BE USED FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION PROJECT: 2202 W 49TH STREET AUSTIN, TX 78756 DATE: AUGUST 27, 2020 3.0 D-1/20Not to be used for permitting or construction. property line bldg setback W 49TH STREET TYLER STREET EXISTING D-1/21Not to be used for permitting or construction. property line bldg setback W 49TH STREET TYLER STREET PROPOSED D-1/22BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0042 BOA DATE: September 14th, 2020 ADDRESS: 2202 W. 49th St OWNER: Jessie Patton-Levine COUNCIL DISTRICT: 7 AGENT: Harmony Grogan ZONING: SF-3 LEGAL DESCRIPTION: LOT 1 MEIER ILENE SUBD SUMMARY: remodel and addition to existing residence ISSUES: small lot size ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family VARIANCE REQUEST: exceed the 20% value of structure before improvements for a Nonconforming use NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Bull Creek Road Coalition Central Austin Community Development Corporation Central Austin Urbanists Friends of Austin Neighborhoods Homeless Neighborhood Association Lower District 7 Green Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin Rosedale Neighborhood Assn. SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group D-1/23August 25, 2020 Harmony Grogan 2202 W 49th St Austin TX, 78756 Property Description: LOT 1 MEIER ILENE SUBD Re: C15-2020-0042 Dear Harmony, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of 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 being in a “SF-3-NP” Single-Family Residence zoning district and the Rosedale Neighborhood planning area. 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 D-1/24D-1/25D-1/26D-1/27