D-2 C15-2021-0019 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 CASE NUMBER: C15-2021-0019 DATE: Monday May 10, 2021 ____-___Thomas Ates ____Y___Brooke Bailey ____Y___Jessica Cohen ____Y___Melissa Hawthorne ____Y___Don Leighton-Burwell ____Y___Rahm McDaniel ____Y___Darryl Pruett ____-___Agustina Rodriguez ____Y___Michael Von Ohlen ____Y___Nicholl Wade ____-___Vacant ____-___Kelly Blume (Alternate) ____-___Carrie Waller (Alternate) ____-___Vacant (Alternate) OWNER/APPLICANT: Lawrence Graham ADDRESS: 5909 BULL CREEK RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 6 feet 7 inches (requested) in order to erect a Guest House in a SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA Meeting Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Melissa Hawthorne motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 7-3 vote (Board members Don Leighton-Burwell, Darryl Pruett and Donny Hamilton nay); POSTPONED TO APRIL 12, 2021. April 12, 2021 cancelled due to technical problems with notification database; May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES 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: (b) The hardship is not general to the area in which the property is located because: D-2/1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 D-2/2CITY OF AUSTIN Board of Adjustment Decision Sheet F-5 CASE NUMBER: C15-2021-0019 DATE: Monday March 08, 2021 ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Ada Corral OUT ___Y____Melissa Hawthorne ___-____VACANT ___N____Don Leighton-Burwell ___Y____Rahm McDaniel ___N____Darryl Pruett ___Y____Veronica Rivera ___-____Yasmine Smith NO SHOW ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___-____VACANT (Alternate) ___N____Donny Hamilton (Alternate) OWNER/APPLICANT: Lawrence Graham ADDRESS: 5909 BULL CREEK RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 6 feet 7 inches (requested) in order to erect a Guest House in a SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA Meeting Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Melissa Hawthorne motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 7-3 vote (Board members Don Leighton-Burwell, Darryl Pruett and Donny Hamilton nay); POSTPONED TO APRIL 12, 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: (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: D-2/3_____________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez forD-2/4From: To: Cc: Subject: Date: Ramirez, Elaine variance request: 5909 Bull Creek Road Wednesday, March 10, 2021 8:36:35 AM *** External Email - Exercise Caution *** Elaine- we have decided to withdraw our application for a variance from the setback requirements for the guest house. We will not be requesting this variance at the April meeting. Thanks for your help and assistance during the process. Larry Graham 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. D-2/5CITY OF AUSTIN Board of Adjustment Decision Sheet F-4 DATE: Monday February 08, 2021 CASE NUMBER: C15-2021-0019 _______Brooke Bailey _______Jessica Cohen _______Ada Corral _______Melissa Hawthorne _______VACANT _______Don Leighton-Burwell _______Rahm McDaniel _______Darryl Pruett _______Veronica Rivera _______Yasmine Smith _______Michael Von Ohlen _______Kelly Blume (Alternate) _______Vacant (Alternate) _______Donny Hamilton (Alternate) OWNER/APPLICANT: Lawrence Graham ADDRESS: 5909 BULL CREEK RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 6 feet 7 inches (requested) in order to erect a Guest House in a SF- district. -Family Residence zoning : BOA Meeting Feb 8, 2021 POSTPONED TO MARCH 8, 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: (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 ____________________________ Diana Ramirez for Don Leighton-Burwell Chairman D-2/6February 4, 2021 Lawrence Graham 5909 Bull Creek Rd Austin TX, 78757 Property Description: LOT 22 ALLANDALE SEC 3 Re: C15-2021-0019 Dear Lawrence, 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 sections of the Land Development Code; Section 25-2-492 (Site Development Regulations) rear setback requirements; to decrease the minimum rear yard setback from 10 feet (required) to 6 feet 7 inches (requested) in order to erect a Guest House in a SF-2”, Single-Family Residence zoning district. The proposed guest house was not shown or dimensioned within the application. DENIED BY AUSTIN ENERGY (AE), due to the proposal having written conflict with Austin Energy's clearance requirements. The Customer's existing facilities/installations shall maintain a minimum horizontal clearance of 7 feet-6 inches from primary and neutral overhead AE distribution conductors, which reside in the rear portion of the property above, requesting a variance from rear lot line setback requirements. Owner/applicant must obtain written approval of conflict resolution from AE prior to BOA approval. Please contact Eben Kellogg with AE Public Involvement and Real Estate Services at 322-6050. Please use this link to be advised of our clearance and safety requirements which are additional conditions review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- of 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above 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-2/7BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0019 BOA DATE: February 8th, 2021 ADDRESS: 5909 Bull Creek Rd OWNER: Lawrence Graham COUNCIL DISTRICT: 7 AGENT: N/A ZONING: SF-2 LEGAL DESCRIPTION: LOT 22 ALLANDALE SEC 3 VARIANCE REQUEST: decrease the minimum rear yard setback from 10 feet (required) to 6 feet 7 inches (requested) SUMMARY: construct a guest house ISSUES: lot size Site North South East West SF-2 SF-2 SF-2 SF-2 SF-2 ZONING LAND USES Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Allandale Neighborhood Association Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central Austin Urbanists Friends of Austin Neighborhoods Homeless Neighborhood Association Lower District 7 Green NW Austin Neighbors Neighborhood Empowerment Foundation North Austin Neighborhood Alliance SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group D-2/8D-2/9D-2/10D-2/11D-2/12D-2/13D-2/14D-2/15D-2/16! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0019 5909 BULL CREEK ROAD 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 " = 169 ' 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. D-2/17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 5909 Bull Creek Road Lot 22 Allandale Sec 3 22 SF 2 Lawrence Graham/Andrea Griswold January 8 2021 guest house D-2/18Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ I am requesting a variance from Section 25-2-492 Site Development Regulations. ____________________________________________________________________________ We are requesting a reduction of the rear setback requirement from 10' to 6'-7 1/4" for the ____________________________________________________________________________ construction of a guest house in the back yard. ____________________________________________________________________________ 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: ____________________________________________________________________________ Rear-setback regulations preclude reasonable use—the construction of a guest house on this ____________________________________________________________________________ property. The construction of the guest house as proposed is allowed but the 10' setback ____________________________________________________________________________ requirement would result in roof eaves that are less than 10' apart and would thus tie both the ____________________________________________________________________________ guest house and main house together in one fire area. This would require extensive ____________________________________________________________________________ modifications of the rear exterior wall and roof of the existing house. Locating the guest house as proposed would allow for an eave separation greater than 10' ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ The size of our lot does not allow for a 10' setback and adequate separation between the ____________________________________________________________________________ existing house and the proposed guest house. What we are requesting would still provide for ____________________________________________________________________________ an adequate set back of 6' 7 1/4" that will mantain privacy and access to electrical lines. ____________________________________________________________________________ ____________________________________________________________________________ b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ D-2/19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: ____________________________________________________________________________ Granting this variance and allowing the construction of a guest house with a setback of 6'-7 1/4" ____________________________________________________________________________ instead of 10' will not alter the character of the area adjacent to the property. This would allow ____________________________________________________________________________ for only 3' 4 3/4" of addition feet of separation between the existing house and the guest house. ____________________________________________________________________________ The rear yard, and that of the immediate neighbors, contain large trees and dense folliage. ____________________________________________________________________________ There will continue to be more than adequate separation between guest house and neighors to ____________________________________________________________________________ the south and the east. 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ D-2/20Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: _____________ 01/08/2021 Applicant Name (typed or printed): ___________________________________________________ Lawrence Graham Applicant Mailing Address: __________________________________________________________ 5909 Bull Creek Road City: ________________________________________ State: ________________ Zip: _______ Austin 78757 Tx Phone (will be public information): ____________________________________________________ (512) 567-1709 Email (optional – will be public information): ____________________ Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: _____________ 01/08/2021 Owner Name (typed or printed): ______________________________________________________ Lawrence Graham Owner Mailing Address: ____________________________________________________________ 5909 Bull Creek Road City: ________________________________________ State: ________________ Zip: _______ Austin 78757 Tx Phone (will be public information): ____________________________________________________ (512) 567-1709 Email (optional – will be public information): ____________________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Agent Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). _______________________________________________________________________________ My wife Andrea Griswold and I have owned and lived in this house at 5909 Bull Creek since 1995. _______________________________________________________________________________ We are constructing a guest house in our back yard for my in-laws to live in, full time. My father-in _______________________________________________________________________________ law is in his 80s and is a person with Parkinson's disease. My wife, a nurse with a RN, will be able _______________________________________________________________________________ to help provide care for her father when he moves to the guest house. D-2/21D-2/22Additional Space (continued) The construction of a guest house will not alter the area character. The new guest house will be not be visible from the street. The variance, if granted, would only allow us to construct the guest house a few feet further away from the existing house. Our home is a single story home, approximately 2100 square feet. The home immediately to our north was constructed approximately ten years ago and is two stories. Currently there are two homes being built on our block and a third will be constructed this year. I say this because I believe that granting this variance will have no effect on the character of our street or neighborhood. We will contact the neighbors and request their support for the variance. D-2/23