D-8 C15-2021-0071 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-8 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0071 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___-____Rahm McDaniel (OUT) ___N___Darryl Pruett ___Y___Agustina Rodriguez ___-____Richard Smith (OUT) ___Y___Michael Von Ohlen ___Y___Nicholl Wade ___Y___Kelly Blume (Alternate) ___Y___Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Susan Hays ADDRESS: 902 HERNDON LN Section 25-2-492 (Site Development Regulations) from setback requirements to decrease VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested) and b) Dwelling Unit to be located at least 10 feet to the rear or side of the principal structure (required), to 8 feet from the principal structure (requested) in a “SF-3”, Single-Family zoning district. Section 25-5-774 (Two-Family Residential Use) (C) (2) (a) which requires an Accessory BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant both a) and b) with condition that the ADU not be used as STR; Board Member Brooke Bailey seconds on a 10-1 vote (Board members Darryl Pruett nay); GRANTED BOTH A) and B) WITH CONDITION THAT THE ADU NOT BE USED AS STR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: surrounding properties were originally developed with a 5’ rather than 10’rear setback, given the placement of trees on the lot, the existing home was constructed toward the back of the lot, replacing the subject structure with a 10’setback is unreasonable given the placement of live oak and the main house. 2. (a) The hardship for which the variance is requested is unique to the property in that: the large amount and placement of trees on the lot limit the ability to replace the deteriorated structure in a usable fashion, the design alters the original footprint in order to make more space for a live oak. (b) The hardship is not general to the area in which the property is located because: the amount and location of the trees are unique to this property 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 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, some adjacent properties have back structures positioned approx. 5, the design of the rebuild accommodates privacy of surrounding homeowners by placing windows high on the north wall and orientating the structure around a courtyard focused on the live oak tree. ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair