D-1 C15-2020-0025 PRESENTATION — original pdf

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3707 RIVERCREST DRIVE AUSTIN, TX 78746 Case # 2020-000022 BA D-1/1-PRESENTATIONVARIANCE REQUEST I. Seeking BoA Variance for a single-family structure and associated improvements including pool and decking from: 1) LDC 25-2-551-E-2 requiring prohibiting certain development on a slope category greater than 35% in order to erect a single family residence and associated improvements to allow 11.5% impervious coverage in the 35%+ slope. 2) LDC 25/-2-492-D requiring a 40’ front setback in a Lake Austin zoning category to allow a 10’5” front setback for a portion of proposed home’s front façade (stairs). Remainder of front façade proposed at 20’ setback for new garage and 40’ front setback for remainder of proposed façade. Existing structure’s current front setback is 0’ and building is located within the electrical easement. D-1/2-PRESENTATIONAERIAL D-1/3-PRESENTATIONMAP AERIAL D-1/4-PRESENTATIONSTREET VIEW D-1/5-PRESENTATIONRepresents property line in relation to the deck and house. D-1/6-PRESENTATIOND-1/7-PRESENTATIOND-1/8-PRESENTATIOND-1/9-PRESENTATIOND-1/10-PRESENTATIONMARINA ACROSS STREET D-1/11-PRESENTATIOND-1/12-PRESENTATIOND-1/13-PRESENTATIONCUL DE SAC ADJACENT TO VAC ANT LOT D-1/14-PRESENTATIOND-1/15-PRESENTATIOND-1/16-PRESENTATIOND-1/17-PRESENTATIOND-1/18-PRESENTATIOND-1/19-PRESENTATIONADJACENT HOUSE LOC ATED ON SLOPE D-1/20-PRESENTATIONNEIGHBORHOOD HOMES WITH REDUCED FRONT SETB ACKS BUILT ON SLOPES D-1/21-PRESENTATIONNEIGHBORHOOD HOMES WITH REDUCED FRONT SETB ACKS BUILT ON SLOPES D-1/22-PRESENTATIONNEIGHBORHOOD HOMES WITH REDUCED FRONT SETB ACKS BUILT ON SLOPES D-1/23-PRESENTATIONNEIGHBORHOOD HOMES WITH REDUCED FRONT SETB ACKS BUILT ON SLOPES D-1/24-PRESENTATIONNEIGHBORHOOD HOMES WITH REDUCED FRONT SETB ACKS BUILT ON SLOPES D-1/25-PRESENTATIONPROPOSED IN KEEPING WITH HOMES IN NEIGHBORHOOD D-1/26-PRESENTATIONAPPROVED BOARD OF ADJUSTMENT VARIANCE C ASES NEARBY Approved BoA Cases Nearby Permit/Case No Address Requested Varience Granted Date of Approval 1 2019-000023 BA 2800 Rivercrest Dr 25-2-551(C)(3)(a) 2 2017-000047 BA 3602 Rivercrest Dr 25-2-1176(a)(1) 2015-069435 BA 6706 Elfland Dr Bldg BD 2018-000006 BA 6705 Pixie Cove 7 2010-000118 BA 6706 Troll Haven 25-2-551(D)(1)(B) 2008-000074 BA 6702 Troll Haven 10 2013-000027 BA 6703 Leprechaun Dr 25-2-551(D)(3)(a) 25-2-1176(a)((A)(5) 25-2-893(G)(4) 25-2-551(C)(3)(a) 25-2-551 (B)(1)(b) 25-2-551(D)(3)(a) 25-2-551(2) 3 4 5 6 8 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 5/13/2019 5/13/2019 11/9/2015 11/9/2015 7/9/2018 7/9/2018 11/8/2010 6/9/2008 6/9/2008 5/13/2013 D-1/27-PRESENTATIONREASONABLE USE The zoning regulations applicable to the property do not allow for a reasonable use because: • The LA zoning category was created via ordinance No. 840913-S and effectively amended zoning Chapter 13- 2 by capturing all land 500’ landward of the 504.9’ contour line. The Ordinance either newly zoned or rezoned most parcels to Lake Austin (LA) zoning category. This Ordinance was signed into effect 9/13/1984. The regulations were passed in 1984, then written into code using language that backdated the regulations several years prior to arbitrarily capture parcels along the lake and separate them into two development categories – mainly these being pre- and post-1982 standards. The LA zoning category was assigned to properties regardless of their compliance with LA zoning site requirements such as 100’ of lot width being present or not, or whether a lot or tract was a minimum of one acre in size as also required by the LA zoning site performance standards. Some of those lots that could not comply were zoned SF-2 and remain as such today; thus, the vast majority of lake front (and non lake front) properties were zoned from “A” First Height and Residential District under zoning code Chapter 13-1 to the currently applicable 25-2-551, Lake Austin Zoning. The ordinance has been in effect almost 40 years as of now. • The current site has a small, dilapidated residence which needs to be demolished. It is not occupied. The power had to be disconnected due to a structure fire. And the original, permitted septic system is actually underneath the structure. The house sits within the 10’ easement underneath the overhead powerlines. And the current front setback is 0.0’ D-1/28-PRESENTATIONREASONABLE USE ( CONT ’ D) • The site is not compliant with LA zoning standards (in terms of current lot width being ~90’, which is less than the required 100’ width) or lot size (current being 19,831 SF / .46 acres, which is less than the required 43,560 SF / 1 acre size requirement), the owner desires to replace the existing structure with a new, safe structure which is built to current code with the exception of the aforementioned IC and setback variances. Notwithstanding, over 80% of the lot has slope in excess of 35%. This renders the lot unbuildable without a variance. And any structure which could be built in the current footprint is not a reasonable use of the property as intended when the original plat and subsequent zoning were approved and applied to the site by the City. • The remainder site slope is a mix of 0-35% slope. No impervious cover variances are being sought in 0- 35% slope. Because the slope is so extreme and the house was constructed under zoning chapter 13-2 when slope category was not contemplated, and because Section 2 of Rivercrest Subdivision was platted in the 1960’s under City zoning Chapter 44, it is completely reasonable to allow the site a replacement residence with typical single-family accessory uses such as pool, deck, garage, and so forth. The applicant requests the Board consider this application and approve it as a reasonable request necessary to redevelop the site. D-1/29-PRESENTATIONHARDSHIP The hardship is not general to the area in which the property is located because: • There is no other lot in the area which has been encumbered in this manner via slope, safety concerns, and non-compliance to this degree. • The site was platted under Rivercrest Section 2 in the mid 1960’s. No slope category or site regulations existed in the manner in which they do today under The Land Development Code, specifically section 25-2-551 Lake Austin zoning category. This zoning change from “A” to “LA” by the city is a hardship in that the site was automatically undevelopable without a variance from certain regulations. • The current residence was constructed in 1980 prior to adoption of LA zoning. It has not been occupied for more than five years. It has been deemed an unsafe and non- compliant structure. Please note the attached 3rd party inspection report stating as much. D-1/30-PRESENTATIONHARDSHIP ( CONT ’ D) • Over 81% of the .45 acre site is in excess of 35% slope, which the code expressly prohibits construction on certain kinds. The current structure has a 0’ setback within the 40’ required setback. The new home proposes to reduce the non-compliance to a 10’5”’ front setback. The remainder of the front façade will maintain a compliant 20’ front setback for the garage and 40’ front setback for the primary façade of the house. The house cannot move further up the hill due to steepness of it and without compromising the environmental controls and safety of the site as a whole. Retaining walls and a pool are planned behind the house in order to stabilize the hill more so than it currently is. • The remainder slope categories propose very minimal impervious coverage. The 0-15% slope proposes 4.21%. There is 0% proposed in 15-25% and less than 1% proposed in 25-35% slope category. The variance request is to allow 11.5% impervious cover in the 35%+ slope category. Overall, the site proposes 4,737 SF @ 23.89% IC when calculated on a gross lot area for the half acre site. • This gross lot area calculation is how the impervious coverage was contemplated as the intended single-family development when the mid-1960’s Rivercrest part of subdivision was approved by Travis county and / or city of Austin. D-1/31-PRESENTATIONAREA 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: • The proposed replacement structure will reduce the degree of non-compliance which has existed for forty years. A substantial portion of the lots and residences on them within the Rivercrest neighborhood are non-compliant or have received variance approval to allow redevelopment of a substandard lot or non-compliant footprint and, as such, most neighbors can appreciate the unfortunate situation they all share with regard to non-compliance with the applicable zoning regulations. A vast number of neighbors support this request. Please see attached letters of support. • A new, replacement residence will ensure a proper septic system, safe and updated building materials compliant with current International Residential Code (IRC), removal from the electrical easement, will stabilize the hill - which towers over the cul-de-sac with zero controls nearly 200’ below, and ultimately contribute to reducing the neighborhood’s high degree of zoning non- compliance by substantially reducing this site’s degree of non-compliance in accordance with the applicable jurisdictional zoning and building code requirements. D-1/32-PRESENTATIONON-SITE SEWAGE FACILITY PERMIT D-1/33-PRESENTATIONON-SITE SEWAGE FACILITY PERMIT D-1/34-PRESENTATIONON-SITE SEWAGE FACILITY PERMIT D-1/35-PRESENTATIONAPPROVED ON- SITE SEWAGE PLAN D-1/36-PRESENTATIONTHANK YOU D-1/37-PRESENTATION