E-2 C15-2020-0069 ADV PACKET

Board of Adjustment – Jan. 11, 2021

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday December 14, 2020 CASE NUMBER: C15-2020-0069 ____Y___Brooke Bailey ____Y___Jessica Cohen ____Y___Ada Corral ____Y___Melissa Hawthorne ____-___VACANT ____Y___Don Leighton-Burwell ____-___Rahm McDaniel -OUT ____Y___Darryl Pruett ____Y___Veronica Rivera ____Y___Yasmine Smith ____Y___Michael Von Ohlen ____Y___Kelly Blume (Alternate) ____-___Martha Gonzalez (Alternate) ____-___Donny Hamilton (Alternate) APPLICANT: Courntey Mogonye-McWhorter OWNER: Malia Muir ADDRESS: 1230 ROCKCLIFF RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to reduce the shoreline setback from 25 feet (required) to 10 feet (requested) (canal only) in order to erect a Single- Family Residence in an “LA”, Lake Austin zoning district. BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member Melissa Hawthorne motions to Postpone to December 14, 2020, Board Member Brooke Bailey seconds on a 9-2 vote (Board members Jessica Cohen and Donny Hamilton nay); POSTPONED TO DECEMBER 14, 2020. DEC 14, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Postpone to January 11, 2021, and Board Member Melissa Hawthorne seconds on a 10-0 vote; POSTPONED TO JANURARY 11, 2021. FINDING: 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: E-2/1 (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 E-2/2E-2/3CITY OF AUSTIN Board of Adjustment Decision Sheet D-6 DATE: Monday November 09, 2020 CASE NUMBER: C15-2020-0069 ___Y____Brooke Bailey ___N____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 ___-____Michael Von Ohlen OUT ___-____Kelly Blume (Alternate) N/A ___-____Martha Gonzalez (Alternate) N/A ___N____Donny Hamilton (Alternate APPLICANT: Courntey Mogonye-McWhorter OWNER: Malia Muir ADDRESS: 1230 ROCKCLIFF RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to reduce the shoreline setback from 25 feet (required) to 10 feet (requested) (canal only) in order to erect a Single- The public hearing was closed by Chair Don Leighton- Burwell, Board Member Melissa Hawthorne motions to Postpone to December 14, 2020, Board Member Brooke Bailey seconds on a 9-2 vote (Board members Jessica Cohen and Donny Hamilton nay); POSTPONED TO DECEMBER 14, 2020. FINDING: because: 1. The Zoning regulations applicable to the property do not allow for a reasonable use 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: E-2/43. 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 E-2/5E-2/6E-2/7E-2/8E-2/9E-2/10E-2/11BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0069 BOA DATE: November 9th, 2020 ADDRESS: 1230 Rockcliff Dr OWNER: Malia Muir COUNCIL DISTRICT: 10 AGENT: Courtney Mogonye-McWhorter ZONING: LA LEGAL DESCRIPTION: LOT 1 LAKECLIFF 492SQ FT OF LOT 15 BLK B PRESERVE THE VARIANCE REQUEST: decrease shoreline setback from 25 ft. to 10 ft. SUMMARY: erect a single-family residence ISSUES: main body and canal have a 25 ft shoreline setback ZONING LAND USES Site North South East West LA LA LA LA LA Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin City of Rollingwood Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources E-2/12! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2020-0069 1230 Rockcliff Dr This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 333 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. E-2/13CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, Section 1: Applicant Statement 1230 Rockcliff Drive, Austin, Texas 78746 Lot 1, Lakecliff, a subdivision in Travis County, Texas according to the map or plat thereof, as recorded in Volume 75, Page 129, Plat Records of Travis County, Texas. 1 Courtney Mogonye-McWhorter Melia Muir October 9 2020 single family residential E-2/14Portion of the City of Austin Land Development Code applicant is seeking a variance from: Applicant is seeking a variance from Section 25-2-551(B), LA shoreline reduction, as to the ____________________________________________________________________________ canal only from 25' to 10' ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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: The property was platted in 1976. The shoreline setback is measured 25' from all points along ____________________________________________________________________________ both the shoreline of Lake Austin and the canal, making this property unreasonably limited for ____________________________________________________________________________ its intended purpose of residential use as originally zoned under A Residential (current SF-2), ____________________________________________________________________________ under the current zoning of LA. Applicant seeks to construct a modest single family residential ____________________________________________________________________________ house, which is a fair and reasonable use in the Lake Austin zoning category, as that category ____________________________________________________________________________ specifically prescribes development of a residential nature. ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: The site has a main body and a canal feature which requires a 25' setback from each. Having ____________________________________________________________________________ both features is rare. When the canal was first created the shoreline setback did not exist. ____________________________________________________________________________ Given the width of the property and large trees located on the Property, with the canal setback ____________________________________________________________________________ there is no room for entry to the house and the overall footprint of the house is severely ____________________________________________________________________________ constrained. ____________________________________________________________________________ (See attached for additional information) b) The hardship is not general to the area in which the property is located because: Man-made inlets on private lots are not general to the area, but are rather the exception. There ____________________________________________________________________________ are a few examples of them along Lake Austin, each of which poses significant development ____________________________________________________________________________ constraints to the property. The Board has consistently recognized these constraints on similar ____________________________________________________________________________ properties. (See attached for additional information) ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 5 of 8 E-2/15Area 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: Due to the various site constraints, the proposed construction has a lower impact on the area ____________________________________________________________________________ than neighboring properties given the smaller scale of the proposed house. There will be no ____________________________________________________________________________ adverse impacts on adjacent property. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 6 of 8 E-2/16E-2/17E-2/18E-2/19E-2/20E-2/21E-2/22E-2/23E-2/24E-2/25E-2/26E-2/27E-2/28E-2/29E-2/30E-2/31E-2/32E-2/33E-2/34E-2/35E-2/36E-2/37From: To: Cc: Subject: Date: Craig Kuglen Ramirez, Elaine Case Number: C15-2020-0069 Sunday, November 08, 2020 7:34:25 AM *** External Email - Exercise Caution *** I live at 1310 Rockcliff Rd and am president of the Rockcliff Homeowners Association. I am writing for the members of this HOA and would like to submit the following information: 1230 Rockcliff Rd is a small lot and the current owner was aware of the size restrictions on that property when purchased. The lot is bordered by a “canal” on the south side which leads to a waterway 900-1000 feet long running north along the side of Rockcliff Rd. The residents of the properties on the waterway have 12 docks (and one not completed) and currently have 15 boats. Their only access to Lake Austin is via the canal adjacent to the above property. With no control of the boat size, speed or wave making capacity on Lake Austin, getting to and from the lake can be challenging. For safety reasons, these residents need a clear view of the lake. Building within 10 feet of the canal would create a danger for them. As I am scheduled for some cancer surgery on November 9th, I will be unable to attend the meeting. Could you please submit this information for me? Craig C. Kuglen 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. E-2/38From: To: Subject: Date: Attachments: Meredith Sanger Ramirez, Elaine Re: Delivery Status Notification (Failure) Monday, November 02, 2020 12:04:53 PM icon.png *** External Email - Exercise Caution *** Elaine, I would like to oppose the variance for 1230 Rockcliff (C15-2020-0069). The proposed 10 ft set pack from the water is not environmentally friendly and creates issues allowing future developers to over build on small lots along the lake. Thank you, The Sanger Family 1204 Rockcliff Rd wrote: Message blocked The response from the remote server was: 550 5.7.0 Local Policy Violation Your message to eliane.ramirez@austintexas.gov has been blocked. See technical details below for more information. ---------- Forwarded message ---------- From: Meredith Sanger < To: eliane.ramirez@austintexas.gov Cc: Bcc: Date: Mon, 2 Nov 2020 11:18:00 -0600 Subject: C15-2020-0069 Eliane, > I would like to oppose the variance for 1230 Rockcliff. The proposed 10 ft set pack from E-2/39the water is not environmentally friendly and creates issues allowing future developers to over build on small lots along the lake. Thank you, The Sanger Family 1204 Rockcliff Rd 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. E-2/40From: To: Subject: Date: peggy pevateaux Ramirez, Elaine CASE C15-2020-0069 on 1230 ROCKCLIFF RD. Tuesday, November 03, 2020 3:32:49 PM *** External Email - Exercise Caution *** CASE # C15-2020-0069 HEARING : BOARD OF ADJUSTMENT; NOV. 9, 2020 JOHN AND MARGARET PEVATEAUX - OBJECT TO VARIANCE 1306 ROCKCLIFF RD. SIGNED: JOHN PEVATEAUX NOV. 3, 2020 MARGARET PEVATEAUX NOV. 3, 2020 PHONE: 512-328-3718 accommodate. code requirements. rentals. COMMENTS: 1. We believe this variance is being requested in order to build a larger house than the lot can safely 2. We are concerned that adequate land won’t be available for the building of a septic field that meets current 3. We are concerned that the lot owner is requesting the variance to build a large home to use for short-term 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. E-2/41E-2/42From: To: Cc: Subject: Date: Barry Waite Ramirez, Elaine Case number C15-2020-0069 Thursday, November 05, 2020 10:27:21 AM *** External Email - Exercise Caution *** We write regarding the above referenced case number at 1230 Rockcliff Rd.LOT 1 Lakecliff. This lot is part of Lakecliff Homeowners association. Our home at 1402 Rockcliff Rd is also within the Lakecliff Homeowners association. Medical appointments prevent our participation in the call regarding the above variance request. We object to the request to change the district regulations. These regulations are published and well known and exist for good reasons. Barry and Christina Waite.. Vice President Lakecliff homeowners association. 1402 Rockcliff Rd Austin Tx 787465. The information contained in this email message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email and delete the message and any attachments. 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. E-2/43From: *** External Email - Exercise Caution *** Please see below. Natalie Lauryssen 925-699-5299 4209 Hidden Canyon Cove 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. Sent from my iPhone E-2/44E-2/45Sharma, Mukul Ramirez, Elaine From: To: Cc: Subject: Date: Case # C15-2020-0069, Variance for 1230 Rockcliff Rd. Monday, November 09, 2020 11:21:32 AM *** External Email - Exercise Caution *** Dear Elaine, Please see below our written comments for this hearing that is scheduled for today. I would have liked to speak in person but was not able to meet the deadline (which as noon last Friday). I do plan to attend the hearing. Here are the points of objection I want to make regarding the variance that has been requested to reduce the shoreline setback from 25 feet to 10 feet. 1. Reducing the shoreline setback has consequences that affect all neighbors as well as the water quality in Lake Austin. These concerns include a. Shoreline erosion b. Septic issues c. Lake access, and d. Visual appeal 2. The safety for boats coming in and out of the lake from the adjacent channel can also be a big issue. Any large home with small setbacks would create a blind spot. 3. The burden of showing why this variance is needed lies with the homeowner. The variance is a clear departure from well-established norms for homes on Lake Austin. These norms for setbacks are well established for very good engineering and environmental reasons. There must be very compelling reasons for us to deviate from these. These reasons need to be provided before this variance is even considered. Thank you for considering our written comments. I would be happy to speak to the Board, given the opportunity. I can also be reached on my cell, 512-413-1803. Thank you and best regards, Mukul M. Sharma and Suman Sharma 4229 Hidden Canyon Cove Austin, TX 78746. 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. E-2/46From: To: Subject: Date: peggy pevateaux Ramirez, Elaine Case C15-2020-0069 1230 Rockcliff Rd Friday, December 11, 2020 3:32:11 PM *** External Email - Exercise Caution *** Elaine, one of my neighbors said she thinks case C15-2020-0069 is to be reconsidered on Mon. Dec. 14. We still oppose the variance. I was told that the variance also requested cutting down a tree. I want you to know that the applicant has already cut down trees on that property. This was done as soon as they had a contract on the property. Our main concern is the variance would allow for a larger house to be built. We do not believe this will allow enough land for a septic field that is up to code. The house plans the previous owner had developed proposed a cess pit in place of a septic. This piece of property is surrounded on 3 sides with Lake Austin water. This could be a health issue. When this case had it’s first hearing, I read the reasons given for opposing it. Perhaps the most compelling reason was offered by a person who uses that waterway as access for boating. He said when the boats from the slew enter the main body of the lake, their entrance is already obscured as the shoreline curves there and it’s hard for boaters to see emerging boats. Allowing the variance would obscure line of sight even further. It’s a safety issue. We think the variance should not be allowed based on safety and health concerns. Thank you. John and Peggy Pevateaux 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. E-2/47E-2/48