E-1 C15-2020-0050 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: Monday October 12, 2020 CASE NUMBER: C15-2020-0050 ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Ada Corral (OUT) ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___-____Yasmine Smith (OUT) ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) ___-____Donny Hamilton (Alternate) n/a APPLICANT: Rick Rasberry OWNER: Meredith Dreiss ADDRESS: 3002 SCENIC DR VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (4) (a) to increase shoreline frontage from 20 percent (maximum allowed) to 30 percent (requested), (30 percent existing) in order to remodel an existing Boat Dock in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code (4) the Width of a dock measured parallel to the shoreline of the lot or tract where the dock is proposed, and including all access and appurtenances, may not exceed: (a) 20 percent of the shoreline frontage, if the shoreline width exceeds 70 feet. BOARD’S DECISION: BOA MEETING OCT 12, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Don Leighton-Burwell motions to Postpone to November 9, 2020, Board Member Michael Von Ohlen seconds on an 11-0 vote; POSTPONED TO NOVEMBER 9, 2020. FINDING: E-1/1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 for E-1/2BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0050 BOA DATE: October 12th, 2020 ADDRESS: 3002 Scenic Dr. OWNER: Meredith Dreiss COUNCIL DISTRICT: 10 AGENT: Rick Raspberry ZONING: SF-3-NP (West Austin Neighborhood Group) LEGAL DESCRIPTION: LOT 15 BLK D *FIRST RESUB OF BROWN HERMAN ADDN NO 2 SEC 4 VARIANCE REQUEST: increase shoreline frontage from 20 percent (20%) to 30 percent (30%) SUMMARY: remodel and replace existing Boat Dock. ISSUES: existing non-compliant and non-conforming conditions of existing Boat Dock. ZONING LAND USES Site North South East West SF-3-NP P-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Public Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group E-1/3E-1/4October 6, 2020 Rick Rasberry 3002 Scenic Dr Austin TX, 78703 Re: C15-2020-0050 Property Description: LOT 15 BLK D *FIRST RESUB OF BROWN HERMAN ADDN NO 2 SEC 4 Dear Rick, 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 from the Land Development Code § 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (4) (a) to increase shoreline frontage from 20 percent (maximum allowed) to 30 percent (requested), (30 percent existing); In order to remodel an existing Boat Dock in a “LA”, Lake Austin zoning district. 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 E-1/5E-1/6E-1/7E-1/8E-1/9E-1/10E-1/11Director of Development Services Department December 19, 2019 City of Austin P.O. Box 1088 Austin, Texas 78767 Dear Director: Re: Site Plan Revision Application and Project Summary for Proposed Boat Dock Replacement, 3002 Scenic Drive on Lake Austin, TX On behalf of the owners of the referenced property I am presenting the attached site plan revision application and associated records requesting the release of a revised Site Plan (SP-01-0251D) for the development of a conforming Boat Dock, Dock Access, and Necessary Appurtenances in accordance with City Code 25-2-1173. Attached (Exhibit “B”) is the owner’s written authorization letter engaging me to act as the owner’s agent on these matters. The proposed plans and specifications comply with City Code 25-7-62 along with all other parts of City Ordinance No. 20140626-113 Relating to the Lake Austin Zoning District and the Regulation of Boat Docks, Bulkheads, and Shoreline Access. Additionally, the proposed replacement dock footprint will conform with the original 2001 dock footprint approved by the City per SP-01-0251D and accepted by the City per 2002-012342 BP (Exhibit “ ”). Listed below are the attached detailed project summary and records for application, plans, and supporting documents, as follows: Project Summary Acreage to be developed > 0.0165 Acres Watershed in which project is located > North Taylor Slough Type of development > Boat Dock, Dock Access, and Necessary Appurtenances Explanation of any proposed project phasing > None Methods to be used to handle storm water runoff > None Required Effect of the development will have on existing and future drainage systems > None Justification for exemption from the watershed protection regulations > No Variance Requested Erosion/Sedimentation Controls > Any Silt Fence, Turbidity Curtain, and/or any other controls as required by COA Environmental Inspector for the greatest level of environmental, health safety, and navigational protection. Site Plan Revision Application and Project Summary Letter > Provided as Exhibit “A” Agent Authorization Letter > Provided as Exhibit “B” Warranty Deed > Provided as Exhibit “C” Environmental Resource Inventory for the Residential Lot > Provided as Exhibit “D” E-1/12Director of Development Services Department Site Plan Revision Application and Project Summary, 3002 Scenic Dr on Lake Austin, TX December 19, 2019 Page 2 Soils Map > Provided as Exhibit “E” 2018 Tax Payment Receipt/Certification > Provided as Exhibit “F” Full Size Site Plan (Red Line and Black Line pages in set) > Provided as Exhibit “G” Zoning Profile Report > Provided as Exhibit “H” Engineer’s “No Rise” Floodplain Certification Letter > Provided as Exhibit “I” Floodplain Information Form > Provided as Exhibit “J” Tree Review Addendum > Provided as Exhibit “K” Intake Submittal Checklist > Provided as Exhibit “L” Project Description Form > Provided as Exhibit “M” Location Map on Separate Sheet > Provided as Exhibit “N” Subdivision Plat > Exhibit “O” Exhibit VII Electronic Submittal > Exhibit “P” COA Dock Development Acceptance 2002-012342 BP > Provided as Exhibit “Q” Fiscal Surety Letter > Provided as Exhibit “R” Notice Communication with original SP-01-0251D Engineer of Record > Provided as Exhibit “S” It should be noted that the property owners are seeking no special privilege to replace the boat dock, dock access, and other necessary appurtenances not already given to owners of other similarly situated property with approximately contemporaneous development and as provided. The proposal would result in promoting the ecological function and maintaining the natural character of the lakeshore. Any denial of the requested application for the Site Plan Revision would be construed as deprivation of a privilege given to other property owners and would effectively deny these property owners a reasonable use. Please let me know if you should have any questions or require any additional information. Very truly yours, Rick Rasberry Ricky “Rick” Rasberry, CESSWI CC: Owners Furman + Keil Architects, PLLC E-1/13E-1/14E-1/15E-1/16E-1/17E-1/18