D-11 C15-2021-0051 GRANTED DS W APPROVED DRAWINGS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-11 CASE NUMBER: C15-2021-0051 DATE: Monday June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Peter Pevoto ADDRESS: 106 AND 108 COMAL ST 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: a) and b) order to erect a Single Family Residence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (East Cesar Chavez Neighborhood Plan). BOARD’S DECISION: May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Brooke Bailey motions to Grant as per drawings D-11/14, 15, 16, 17, 18, 19; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED AS PER DRAWINGS D-11/14, 15, 16, 17, 18, 19. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested) in decrease the minimum Front Yard Setback from 25 feet (required) to 15 feet (requested) the combined dimensions of the lot would equate to a 75ft wide by 50ft deep lot, which using standard setbacks of 25ft on the front lot line and 10ft on the back lot line, would only allow for a 15ft maximum depth of the home, which is not functional, the maximum footprint (considering also 10ft setback from the alley and a 5ft setback on the side yard) would only be 900 sf which is only 23% of the lot size, this would also not allow for adequate parking as code requires 2 spaces for a single family. 2. (a) The hardship for which the variance is requested is unique to the property in that: these are two tiny, empty, legally-platted lots that do not quality for Small Lot Amnesty by themselves, so will be combining them both via a UDA in order to build one single family residence on the roughly 3,800 sq combined lot, no other lots or homes face Comal St within 8 blocks of this site, so front yard setback averaging is impossible, the only existing homes facing Comal have front yard setbacks less than 10ft. (b) The hardship is not general to the area in which the property is located because: no other lots near this site are as small as this one lot and no lots or homes face Comal St within 8 blocks of this site, so front yard setback averaging is impossible. 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: the lot lines used for front and rear setbacks on my lot are used by every other lot on this street as street side yard 15ft and side yard 5ft setbacks, if general setback averaging on this street could be used to achieve front yard setback, it would come out to 15ft. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chairman Diana Ramirez for D-11/14D-11/15D-11/16D-11/17D-11/18D-11/19