D-10 C15-2021-0049 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-9 DATE: Monday May 10, 2021 CASE NUMBER: C15-2021-0049 ___-___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) APPLICANT: Perry Hunt OWNER: Amias Maldonado and Lena Banks ADDRESS: 1025 ELLINGSON LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-1463 (Secondary Apartment Regulations) (C) (5) (a) to increase Floor to Area ratio from 15% (required) to .1587% (requested) in order to maintain a Secondary Apartment in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Hancock Neighborhood Plan) Note: 25-2-1463 - SECONDARY APARTMENT REGULATIONS (C) The secondary apartment: (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller and (b) 550 square feet on the second story, if any. BOARD’S DECISION: BOA MEETING 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: D-10/1 (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 Diana Ramirez for D-10/2BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0049 BOA DATE: May 10th, 2021 ADDRESS: 1025 Ellingson Ln OWNER: Amias Maldonado COUNCIL DISTRICT: 9 AGENT: Perry Hunt w/David Weekly Homes ZONING: SF-3-NP (Hancock) LEGAL DESCRIPTION: LOT 24 OLT 18 DIV C MAYFAIR TERRACE VARIANCE REQUEST: increase Floor to Area ratio from 15% to 15.87% ZONING LAND USES SUMMARY: complete a Secondary Apartment ISSUES: layout of existing house is compact Site North South East West SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin CANPAC (Central Austin Neigh Plan Area Committee) Central Austin Community Development Corporation Central Austin Urbanists Friends of Austin Neighborhoods Hancock Neighborhood Assn. Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group D-10/3May 3, 2021 Robin Campbell 1025 Ellingson Ln Austin TX, 78751 Re: C15-2021-0049 Dear Robin, Property Description: LOT 24 OLT 18 DIV C MAYFAIR TERRACE 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 25-2-1463 (Secondary Apartment Regulations) (C) (5) (a) to increase Floor to Area ratio from 15% (required) to .1587% (requested) in order to maintain a Secondary Apartment in a “SF-3-NP”, Single- Family-Neighborhood Plan zoning district (Hancock Neighborhood Plan) Austin Energy does not oppose the above variance request to increase floor to area ratio, provided any proposed and existing improvements comply with 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 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 have any questions about the following comments, please contact my office. Thank you, Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 D-10/4! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0049 1025 ELLINGSON LANE 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 " = 250 ' 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-10/5D-10/6D-10/7D-10/8D-10/9D-10/10D-10/11Explanation of hardship when reducing the rear home (existing) by 56. Address: 1025 Ellingson Lane Owner: Amias Maldonado & Lena Banks Case # 2020-178348 PR The existing home was built in 1957 and is a compact 3-bedroom, 1-bathroom residence. The owners currently live in the home and intend on living here during the construction of their new home at the same address. This existing home would transition from being the primary dwelling to being a secondary apartment behind the new primary dwelling. The city limits secondary apartments to 15% of the lot size, or 1100 SF, whichever is smaller. In this case, the lot size limits a secondary apartment to 966 SF. The measured size of the structure is 1022 SF. In order to comply without a variance, we would need to remove 56 SF. While it is arguable that there are an infinite number of ways 56 SF could be removed from this structure, there are a few methods that would render the home non-functional. For example: Removing the kitchen or the bathroom, or removing portions (such as the sinks or the commode) would render the home unlivable. So, we are not considering remodel options that would significantly reduce those rooms, which are already small. - t countless hours consulting with Jim Gobel to make sure the trees were impacted as little as possible. Our new home is pushed all the way to the right side of the lot in effort to minimize impacting the tree root zones. If we removed space from the existing home on the left side or front wall, we would be additionally impacting the root zones and we would prefer to avoid that as much as possible. The less traffic and construction in that area, the better off those trees will be. We matter what we do to shrink 56 SF we end up making one of the rooms dysfunctional (which would certainly be a hardship) or would result in losing a bedroom altogether (also a hardship, as the family currently needs and uses all three bedrooms). Our findings while exploring this project are summarized as follows: 1) Removing an entire bedroom would be a hardship for the family. 2) 3) Reducing 4) - de would be a hardship for normal use of that room. zones. 5) Even if all items above could be resolved and the house was to be remodeled, asking the family to move out for several months to perform the remodel would be a hardship. The family has a 4-year-old child that they would prefer not to move to a new home more than is necessary. Thank you for your consideration. D-10/12D-10/13C h r i s t o p h e r S u l l i v a n T h a n k s , H e l l o , T o : F r o m : D a t e : S u b j e c t : * * * E x t e r n a l E m a i l - E x e r c i s e C a u t i o n * * * C h r i s S u l l i v a n R a m i r e z , E a n e l i M o n d a y , M a y 0 3 , 2 0 2 1 6 : 1 1 : 0 9 P M S u p p o r t o f v a r i a n c e c a s e - # C 1 5 - 2 0 2 1 - 0 0 4 9 P l e a s e s e m y c o m m e n t s a n d s i g n e d f o r m i n f a v o r o f t h i s v a r i a n c e a t t a c h e d . C A U T I O N : T h i s e m a i l w a s r e c e i v e d a t t h e C i t y o f A u s t i n , f r o m a n E X T E R N A L s o u r c e . P l e a s e u s e c a u t i o n w h e n c l i c k i n g l i n k s o r o p e n i n g a t t a c h m e n t s . I f y o u b e l i e v e t h i s t o b e a m a l i c i o u s a n d / o r p h i s h i n g e m a i l , p l e a s e f o r w a r d t h i s e m a i l t o c y b e r s e c u r i t y @ a u s t i n t e x a s . g o v . D-10/14