D-8 C15-2021-0071 ADV PACKET

Board of Adjustment – July 12, 2021

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0071 BOA DATE: July 12th, 2021 ADDRESS: 902 Herndon Ln OWNER: Susan Hays COUNCIL DISTRICT: 3 AGENT: N/A ZONING: SF-3 LEGAL DESCRIPTION: LOT 11 BLK B LA PERLA VARIANCE REQUEST: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet and location which requires an Accessory Dwelling Unit to be located at least 10 feet to the rear or side of the principal structure, to 8 feet from the principal structure. SUMMARY: erect an Accessory Dwelling ISSUES: amount and location of trees on lot ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family residential Single-Family residential Single-Family residential Single-Family residential Single-Family residential NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Galindo Area Patriotic People’s Porch Galindo Elementary Neighborhood Assn. Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition D-8/1H T 4 T S E R K C A O D R 3 E SID N E V A H OLTORF SOUTHWOOD T S E R E C N O T S FIELDCREST JUANITA H T 6 HERNDON H T 5 CU M BERLA ND E K C O L BAIRD E C L U D E L B E R T JA R DINE T S E R K C A O D R 3 D N 2 H T 4 H U E R TA T S 1 Y C TA S ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0071 902 HERNDON 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 " = 292 ' 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-8/2Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 902 Herndon Lane, Austin, Texas 78704 ____________________________________________________________________________ LA PERLA ____________________________________________________________________________ _________________________________ 11 _____________________________ B _________________________________ _____________________________ ___________________________________________________________________ SF-3 ________________________________________________ Susan Hays ________________________________________________ June 9 2021 ______________________________________________________________ Replace rotted garage with altered footprint/2 story habitable structure ____________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 4 of 8 D-8/3____________________________________________________________________________ 1. Land Development Code Sec. 25-2-492 Site Development Regulations for a rear yard setbac ____________________________________________________________________________ of 10' (required) to 5' for new 2-story structure on approximate footprint of existing & original ____________________________________________________________________________ garage; and 2. to the extent applicable Land Development Code 25-2-774 Two-Family ____________________________________________________________________________ Residential Use for 10' distance between main and secondary structure (required) to approx. 8' Section 2: Variance Findings ____________________________________________________________________________ This and surrounding properties were originally developed with a 5' rather than 10' rear set ____________________________________________________________________________ back. Given the placement of trees on the lot, the existing home was constructed toward the ____________________________________________________________________________ back of the lot. Given the placement of a 24" live oak and the main house, replacing the subject ____________________________________________________________________________ structure with a 10' setback is unreasonable. Further, to the extent 25-2-774 applies, the existing placment is less than 10' and the proposed altered footprint would increase the ____________________________________________________________________________ distance closer to 10'. ____________________________________________________________________________ ____________________________________________________________________________ a) b) ____________________________________________________________________________ The large amount and placement of trees on teh lot limit the ability to replace the deterioriated ____________________________________________________________________________ structure in a usable fashion. The design alters the original footprint in order to make more ____________________________________________________________________________ space for a 24" live oak as well as smaller trees on teh north and east sides of the structure. ____________________________________________________________________________ The homeowner wishes to preserve not only the protected trees but all trees on the property. ____________________________________________________________________________ ____________________________________________________________________________ The amount and location of the trees are unique to this property. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 5 of 8 D-8/4____________________________________________________________________________ The placement and design of the structure is in keeping with the original development of the ____________________________________________________________________________ neighborhood as secondary structures were built with a 5' rear set back in the 1950s. The three ____________________________________________________________________________ adjacent properties all have back structures posititioned approximately 5' from their respective ____________________________________________________________________________ back property lines (see attached). The design of the rebuild accomodates privacy of ____________________________________________________________________________ surrounding homeowners by placing windows high on the north wall and orientating the ____________________________________________________________________________ structure around a courtyard focused on the 24" live oak. - - 1. 2. 3. 4. ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 6 of 8 D-8/5Section 3: Applicant Certificate Digitally signed by Susan Hays ____________________________________________ Date: 2021.06.09 18:39:39 -05'00' _____________ 06/09/2021 ___________________________________________________ Susan Hays __________________________________________________________ 902 Herndon Lane ________________________________________ Austin ________________ Texas _______ 78704 ____________________________________________________ (214) 557-4819 _____________________________ Section 4: Owner Certificate ______________________________________________ Digitally signed by Susan Hays Date: 2021.06.09 18:39:51 -05'00' _____________ 06/09/2021 ______________________________________________________ Susan Hays ____________________________________________________________ 902 Herndon Lane ________________________________________ Austin ________________ Texas _______ 78704 ____________________________________________________ (214) 557-4819 _____________________________ Section 5: Agent Information ____________________________________________________________________ N/A ____________________________________________________________ ________________________________________ ________________ _______ ____________________________________________________ ____________________________________________ Section 6: Additional Space (if applicable) _______________________________________________________________________________ NOTE: This variance was approved in January 2019 in Case #C-15-2019-001 but had expired. _______________________________________________________________________________ (Decision Sheet attached). _______________________________________________________________________________ _______________________________________________________________________________ More on Section 2 Reasonable Use: The property's washer & dryer are in the existing rotted | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 7 of 8 D-8/6_______________________________________________________________________________ garage, have no sewer connection, and was damaged in the February deep freeze. The small size _______________________________________________________________________________ of the house (892 sq ft) surrounded by trees leaves no space to expand the house to add a _______________________________________________________________________________ properly plumbed and insulated utility room or additional bathroom without having a negative _______________________________________________________________________________ impact on parking or other amenities. _______________________________________________________________________________ This property has thirteen trees, three of which are over 19" diameter and are thus protected, _______________________________________________________________________________ including a 24" live oak between the main house and existing garage. In addition there are four _______________________________________________________________________________ 18" (near protected size) live oaks on the property. _______________________________________________________________________________ Please note that since the attached 2014 tree survey was made a storm severely damaged _______________________________________________________________________________ "T14", a 19" invasive species (Chinese parasol) which had to be removed. See 2015-131984-TP. _______________________________________________________________________________ The loss of this tree allowed the owner to adjust the footprint of the structure to the west to give the _______________________________________________________________________________ 24" live oak's CRZ more space. The owner also opted to adjust the structure footprint so that the _______________________________________________________________________________ leaning-slightly-to-the-west trunk of the tree has more clearance, giving the structure the _______________________________________________________________________________ appearance of a tree house. _______________________________________________________________________________ _______________________________________________________________________________ Area Character. As the Property Profile does not accurately show the placement of the buildings _______________________________________________________________________________ on teh property behind 902 Herndon (2507 South 5th) adn to the west (2509 South 5th), annotated _______________________________________________________________________________ plats are attached. As for the property to the east (900 Herndon) the placement of the closest _______________________________________________________________________________ structure is noted on the attached tree survey. Each of these surrounding properties were _______________________________________________________________________________ originally designed to have structures within 10' of the rear lot lines. Thus, a variance of the 10' set _______________________________________________________________________________ back for this property is in keeping with teh character of the area. _______________________________________________________________________________ _______________________________________________________________________________ NOTE: Out of an abundance of caution, this request asks for a variance of the 10' distance _______________________________________________________________________________ between a main and secondary dwelling unit under Sec. 25-2-774 although it is unclear to the _______________________________________________________________________________ applicant whether the proposed bedroom/bathroom/utility room is a "dwelling unit" as it has no _______________________________________________________________________________ provisions for cooking or eating. See Section 25-1-21(38). The adjusted footprint of the structure _______________________________________________________________________________ increases the distance between it and the main house from 5' to approximately 8'. _______________________________________________________________________________ _______________________________________________________________________________ Attachments: _______________________________________________________________________________ Jan. 14, 2019 Decision Sheet, Case No. C15-2019-0001 _______________________________________________________________________________ 1:1200 Scale Property Profile with structure size and placement _______________________________________________________________________________ Survey of 902 Herndon Lane with tree placement _______________________________________________________________________________ Site Plan showing existing and proposed footprint _______________________________________________________________________________ Annotated site plan of 2507 South 5th for exact building placement _______________________________________________________________________________ Annotated site plan of 2509 South 5th for exact building placement _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 8 of 8 D-8/7D-8/8D-8/9Legend Addresses Street Labels Easement Annotation Easement Lines UNKNOWN DEDICATED PROPOSED RELEASED Blue boxes are existing buildings not visible on map software. Yellow boxes are existing sheds. Red is the proposed change in footprint of the back structure. 0.0 0 0.02 0.0 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 1,200 Notes 902 Herndon Lane D-8/10PREPARED BY: PROPERTY ADDRESS: 902 HERNDON LANE AUSTIN, TEXAS 78704 SURVEY NUMBER: 1408.2630 FIELD WORK DATE: 9/3/2014 REVISION DATE(S): (REV.1 9/5/2014) 1408.2630 BOUNDARY SURVEY TRAVIS COUNTY S. 5TH STREET 1/2" IPF LOT 1 BLK B L2 0.7' O 1/2" IRF N 1/2" IRF 0.88' E 1.43' N SET MAG & DISK ON CURB 0.7' OFF F F 0.3' O 6.5' 1 3.6' T14 0.9' O N 2 7.4' LOT 2BLK B T13 5' U.E. (P) FRAME GARAGE 23.6' FF=593.92' 1' 0.4' 0.2' = 4.3 F 13.1' 0.1' F 9 5 1 10.4' T12 2 1 L3 T10 T11 3 D N O P CURB (TYP.) 2 1 N 2.0' O 1/2" IRF 1.9' ON L 4 T9 3.7' O N 1/2" IRF T1 - T2 - T3 - T4 - T5 - T6 - T7 - T8 - T9 - T10 - T11 - T12 - T13 - T14 - 20" CEDAR ELM 18" OAK 18" OAK 16" OAK 24" OAK 18" OAK 7" PECAN 15" OAK 15" OAK 15" OAK 14" OAK 24" OAK 18" OAK 19" UNKNOWN 0.9' O N P.) W.F. (TY GRAVEL D/W C/S 0.5' 1 5.6' C. D/W N O C T8 3.9' 1 2' = 7.9 F F 9 5 35.9' WATER HEATER A/C T7 LOT 11BLK B 1 STORY STONE & FRAME RES. C.LF. O 2.4' FF=597.95' C. C N O 8.1' C 14.4' K N A T 3 N 15.9' C/P B R U 1 1.0' T6 1.7' O N T5 T4 25' B.L. (P) T3 . C N O C L1 B.R. (PER PLAT) T2 T1 4.5' 3 P.) Y C.L.F. (T L O B T 9 L K B L 5 W O 0.2' OFF O D S HED 0.4' OFF 3.2' O N H E T T E 1/2" IRF S . 4 T S R 0 LOT 1 BLK B WM HERNDON LANE (50' R/W) TBM: SET MAG NAIL ON TOP OF CURB ELEVATION=595.02' 0.1' OFF 1/2" IRF TABLE: NOTES: FENCE OWNERSHIP NOT DETERMINED THE ELEVATIONS SHOWN HEREON WERE OBTAINED USING GPS IN CONJUNCTION WITH GEONET RTK GPS/GNSS NETWORK RACHEL LYNN HANSEN 6358 I HEREBY CERTIFY THAT THIS PLAT REPRESENTS THE RESULTS OF A SURVEY MADE ON THE GROUND ON THE 3RD DAY OF SEPTEMBER 2014. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE, THERE MAY BE EASEMENTS OR OTHER RESTRICTIONS AFFECTING THIS PROPERTY THAT ARE NOT SHOWN HEREON. N FLOOD INFORMATION: BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING MUNICIPALITY OR WWW.FEMA.GOV, THE PROPERTY APPEARS TO BE LOCATED IN ZONE X. THIS PROPERTY WAS FOUND IN THE CITY OF AUSTIN, COMMUNITY NUMBER 480624, DATED 09/26/08. POINTS OF INTEREST: (1) FENCES OVER 5' UTILITY EASEMENT (2) CURB OVER 5' UTILITY (1) FENCES OVER 5' UTILITY EASEMENT (2) CURB OVER 5' UTILITY (1) FENCES OVER 5' UTILITY EASEMENT (2) CURB OVER 5' UTILITY (1) FENCES OVER 5' UTILITY EASEMENT (2) CURB OVER 5' UTILITY EASEMENT (3) POND OVER 5' UTILITY EASEMENT EASEMENT (3) POND OVER 5' UTILITY EASEMENT EASEMENT (3) POND OVER 5' UTILITY EASEMENT EASEMENT (3) POND OVER 5' UTILITY EASEMENT CLIENT NUMBER: DATE: 9/5/2014 BUYER: SELLER: CERTIFIED TO: CAPSTONE TITLE This is page 1 of 2 and is not valid without all pages. D-8/11REPORT OF SURVEY 1408.2630 This is page 2 of 2 and is not valid without all pages. LEGAL DESCRIPTION: LOT 11, BLOCK B, LA PERLA, A SUBDIVISION IN TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 4, PAGE 273, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS. JOB SPECIFIC SURVEYOR NOTES: THE BEARING REFERENCE OF NORTH 69 DEGREES 03 MINUTES 00 SECONDS WEST IS BASED ON THE SOUTHERLY PROPERTY LINE OF LOT 11, BLOCK B, LA PERLA, A SUBDIVISION IN TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 4, PAGE 273, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS. GENERAL SURVEYOR NOTES: 1. The Legal description used to perform this survey was supplied by others. This survey does not determine or imply ownership. 2. Due to varying construction standards, house dimensions are approximate. 3. This survey is exclusively for the use of the parties to whom it is certified. It is not transferable to additional institutions or subsequent owners. 4. This property subject to any and all recorded and unrecorded easements. Surveyor has made no investigation or independent search for easements of record, encumbrances, restrictive covenants or ownership title evidence. 5. Surveying services performed by the Austin branch of Exacta Texas Surveyors, Inc ., 250 W. Oak Loop, Cedar Creek, TX 78612 6. If there is a septic tank, well or drain field on this survey, the location of such items was showed to us by others and are not verified. 7. Any additions or deletions of this 2 page survey document are strictly prohibited. Use of this survey beyond the purpose of the transfer of title without written authorization of the signing surveyor is prohibited. 8. Any FEMA flood zone data contained on this survey if for informational purposes only. Research to obtain such data was performed at www.fema.gov 9. Dimensions are in feet and decimals thereof. 10. All pins marked as set are 1/2 diameter, 18” iron rebar. 11. This survey only shows improvements found above ground. Underground footings, utilities and encroachments are not located on this survey map. 12. The information contained on this survey has been performed exclusively, and is the sole responsibility, of Exacta Surveyors. Additional logos or references to third party firms are for informational purposes only. 13. Points of Interest (POI’s) are selected above- ground improvements which may be in conflict with boundary, building setbacks or easement lines, as defined by the parameters of this survey. There may be additional POI’s which are not shown, not called-out as POI’s, or which are otherwise unknown to the surveyor . These POI’s may not represent all items of interest to the viewer. 15. House measurements should not be used for new construction or planning. Measurements should be verified prior to such activity. LEGEND: ELECTRONIC SIGNATURE: PRINTING INSTRUCTIONS: OFFER VALID ONLY FOR: In order to “Electronically Sign” all of the PDFs sent by STARS, you must use a hash calculator. A free online hash calculator is available at http://www.fileformat.info/tool/md5sum.htm. To Electronically Sign any survey PDF: 1. Save the PDF onto your computer. 2. Use the online tool at http://www.fileformat.info/tool/md5sum.htm to browse for the saved PDF on your computer. 3. Select the Hash Method as SHA. 4. Click Submit. Your PDF is electronically signed if all of the characters in the SHA-1 code submitted by STARS matches the code which is produced by the hash calculator. If they match exactly, your PDF is electronically signed. If the codes do not match exactly, your PDF is not authentic. 1. While viewing the survey in Adobe Reader, select the “Print” button under the “File” tab. 2. Select a printer with legal sized paper. 3. Under “Print Range”, click select the “All” toggle. 4. Under the “Page Handling” section, select the number of copies that you would like to print. 5. Under the “Page Scaling” selection drop down menu, select “None.” 6. Uncheck the “Auto Rotate and Center” checkbox. 7. Check the “Choose Paper size by PDF” checkbox. 8. Click OK to print. TO PRINT IN BLACK + WHITE: 1. In the main print screen, choose “Properties”. 2. Choose “Quality” from the options. 3. Change from “Auto Color” or “Full Color” to “Gray Scale”. D-8/12D-8/13Property adjacent to the north of 902 Herndon Lane with structure 3.9' from the rear lot line and 4.7' from the side lot line/rear property line of 902 Herndon. D-8/14Property to the west of 902 Herndon with original garage 4' 3 1/2" from its rear lot line. D-8/152021-000057BA 902 Herndon Lane Background Explanation and Summary: (Rendering and Draft Plans attached) I live in a live oak forest. There are 13 trees covering my approximately 7500 sq ft lot. Google Earth cannot see my house from the extensive tree canopy — a feature I love and wish to keep. This portion of the Galindo neighborhood was originally developed in the early 1950s. The original homes are very small (less than 1000 sq ft) and were often build with garages or back houses very close to the back property line. My house is the original home, built in 1951, expanded twice over the years yet still is barely 900 sq ft with two bedrooms, one bathroom, and very little storage. The only utility space is an extension to the original 1950s garage which has a washer/dryer, but no sewage line but lots of spiders and dirt. The garage was built (or sank) below grade. When it rains, water pours into it resulting in extensive rotting of the wood walls. When I purchased this property in 2013, I intended to renovate the garage to install proper plumbing, HVAC it, and provide more living space — including a second bathroom — for the property. But because of its rotted condition and drainage issues, it could not be repaired. The trees have grown up around the property over the last sixty years and now surround the house tightly on three sides, with two protected (19”+) trees, one six feet from the front door growing out of the porch at an angle (the “Front Porch Tree”) and one less than a foot from the existing back stoop between the house and the garage (the “Back Porch Tree”). There are four other trees around the property with an 18” diameter (just under the threshold for protected status). Regardless of size, I wish to protect all the trees and accommodate both their root zones and canopies with any repairs and improvements to the property. I have consulted with the city arborist’s office multiple times both before and after I bought the property on how to best accommodate the trees as I repair and improve the property. The roots of the Front Porch Tree cracked the front porch extensively and were leveraging on the house itself. Rather than remove the tree, I replaced the concrete slab porch with a decking using “diamond piers” as recommended by the arborist. The proposed renovation would replace the garage space with a utility room with proper plumbing, a second bathroom, and an additional living space. Because there is adequate space under the tree canopy to add a second story, the design includes one to serve as an office, with decking and stairs built around the Back Porch Tree like a tree house — incorporating the unique features of the lot. After my initial plans were drafted which overlapped the garage footprint exactly, a storm severely damaged a large (invasive) Parasol tree in the northwest corner of the property to the side of the garage. That and a cockroach nest in the tree’s core worthy of a scene in an Indiana Jones movie required the removal of the tree. With that additional lot space opened up, my architect and I modified the floor plan to give the Back Porch Tree’s ¼ CRZ more room as well as allow more clearance for its trunk which grows to the west. To accomplish this goal of giving the tree more room, we moved the west wall of the structure 5’ to the west, the east wall 3’ to the west, and the south wall back 3’ toward the north. Because there are two live oaks (14” and 15”) within inches of the eastern most wall of the garage, we D-8/16moved that wall back 6”. Finally, to gain some of the footprint square footage that was lost, we moved the north wall 1’. Since these plans were originally drawn up, I helped draft and pass a bill to create a Texas Hemp Program for the cultivation and processing of industrial hemp. After learning about the properties of hempcrete and other hemp building materials I decided to alter the plans to utilize as many hemp-based materials as possible to up the R value of the walls and minimize the use of any toxic products. Consequently, the plans are currently being altered to accommodate thicker walls and the different building techniques. NOTE: This variance was granted in 2019, but expired before the project could start. Thus, the BOA has already approved this request once. Reasons for the requested variance to LDC 25-2-492 (10’ setback) & LDC 25-2-774 (10’ setback for secondary dwelling unit) This neighborhood was originally developed with accessory structures less than 10’ from the back lot line All the surrounding properties with original structures have accessory structures within 10’ of the back lot line. The neighbor to the west (2509 West 5th) has an accessory structure less than 5’ from the back lot line which is to the side of my lot. The neighbor to the north (2507 West 5th) has an accessory structure less than 5’ from the side lot line (my back lot line) and less than 4’ from the back lot line. The neighbor to the north (2507 West 5th) also received a variance in 2009 to the side set back to build a deck 3’ from the side lot line (my back lot line) to accommodate trees and to build a handicap accessible deck pathway to its back house. The neighbor to the east (900 Herndon) has both a storage shed and a back house within 5’ of the back lot line. The structure’s design takes into account privacy by placing windows on the north wall high on both floors so that it is difficult to see into the neighbor’s yard or into the structure from that yard. This is in contrast to the new build at 2505 South 5th which has large windows overlooking the yard at 2507 South 5th. The structure’s design orientates ingress/egress and large windows to the south and east to create a courtyard around the Back Porch Tree so that activity is not visible from the neighbors’ houses. D-8/17D-8/18D-8/19D-8/20D-8/21D-8/22D-8/23D-8/24D-8/25D-8/26