E-5 C15-2021-0067 ADV PACKET

Board of Adjustment – Aug. 9, 2021

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-5 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0067 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Scott Jacobs ADDRESS: 2003 ARPDALE ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size requirement from 5,750 square feet (required) to 5,500 square feet (requested) in order to maintain an existing Residence and Accessory Structure in a “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 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: E-5/13. 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 ____________________________ Jessica Cohen Chair E-5/2PLEASE DISREGARD ALL INFORMATION SUBMITTED IN JULY ADVANCED PACKET. PLEASE ONLY REVIEW WHAT HAS BEEN SUBMITTED IN THE AUGUST ADVANCED PACKET AS THE JULY ADVANCED PACKET IS NO LONGER VALID. THANK YOU, SCOTT E-5/3ADVANCED PACKET PREPARED BY OWNER/APPLICANT: SCOTT JACOBS LEGAL DESCRIPTION: WEST 55’ OF LOT 16, BLOCK 8 RABB INWOOD HILLS ZONING DISTRICT: SF-3 2003 ARPDALE ST. 7/5/2021 Advanced Packet 1 E-5/4CONTENTS Residential Permitting requires the lot size variance in order to remove the hold on the permit ............... 3 Outstanding issues and resolutions .............................................................................................................. 4 Photos of Accessory Structure ...................................................................................................................... 5 7/5/2021 Advanced Packet 2 E-5/5RESIDENTIAL PERMITTING REQUIRES THE LOT SIZE VARIANCE IN ORDER TO REMOVE THE HOLD ON THE PERMIT In order to repair the structure from the water damage resulting from the winter freeze in February, a variance must be approved to release the permits which are currently on hold. A new site plan will reduce building and impervious coverages, eliminating the need for the two variances related to coverage stated in the letter below (more details on next page). 7/5/2021 Advanced Packet 3 E-5/6OUTSTANDING ISSUES AND RESOLUTIONS Aside from getting the variance approved (to legally permit the accessory structure), a few other issues have been identified. These have either already been resolved or are in the process of being resolved. ◦ ◦ Sewer Line Repair – This repair was completed and inspected in June 2017 (2016-016025 PP). ◦ Curb Cut for Circular Driveway – This was a pre-existing condition to the owner purchasing the home and will be filled in during the “landscaping remodel” of the property when the circular driveway is removed. Impervious and Building Coverage – Owner will reduce the impervious coverage within the limitations set by Austin Code. Key changes include removing several concrete pads, removing the circular driveway, making the walkways pervious, and reducing the area of the accessory structure’s covered deck. See proposed site plan below: Proposed Site Plan 7/5/2021 Advanced Packet 4 Imp CovBuilding CovPercentage of Lot Size44.97%38.12%Allowable Pecentage45.00%40.00%E-5/7PHOTOS OF ACCESSORY STRUCTURE 7/5/2021 Advanced Packet 5 E-5/8 7/5/2021 Advanced Packet 6 E-5/9BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: decrease the minimum lot size requirement from 5,750 square feet (required) to 5,500 square feet CASE: C15-2021-0067 BOA DATE: July 12th, 2021 ADDRESS: 2003 Arpdale St OWNER: Scott Jacobs COUNCIL DISTRICT: 5 AGENT: N/A ZONING: SF-3 LEGAL DESCRIPTION: W 55FT OF LOT 16 BLK 8 RABB INWOOD HILLS SUMMARY: maintain an existing Residence and Accessory Structure ISSUES: most properties in this subdivision were platted in the 40’s or 50’s ZONING LAND USES SF-3 SF-3 Site North South LO East West SF-3 SF-3 Single-Family Residential Single-Family Residential Limited Office Single-Family Residential Single-Family Residential NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group South Central Coalition TNR BCP – Travis County Natural Resources Zilker Neighborhood Association E-5/10July 6, 2021 Scott Jacobs 2003 Arpdale St Austin TX, 78704 Re: C15-2021-0067 Property Description: W 55FT OF LOT 16 BLK 8 RABB INWOOD HILLS Dear Scott, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from Land Development Code Section 25-2- 492 (Site Development Regulations) to decrease to minimum lot size from 5,750 square feet to 5,500 square feet in the SF 3 zone. Austin Energy does not oppose the request, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safely Code, and OSHA. Any removal or relocation of existing electric facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Joseph Beeler, Planner I Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602 E-5/11R A B B G LE N D E V E R N E A R P D A LE M O N T C L A I R E R O B R N A N A L A C A S A R A M A L B L U E B O N N E T ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0067 2003 ARPDALE ST 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 " = 163 ' 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. FR AZIE R RIS R U B TO R U L C E D E-5/12Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 2003 Arpdale St. ____________________________________________________________________________ W 55 ft of Lot 16 Blk 8 Rabb Inwood Hills ____________________________________________________________________________ _________________________________ W 55 ft of Lot 16 _____________________________ 8 _________________________________ _____________________________ ___________________________________________________________________ SF-3 ________________________________________________ Scott Jacobs ________________________________________________ Scott Jacobs May 26 2021 ______________________________________________________________ An existing house and accessory structure ____________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 4 of 8 E-5/13____________________________________________________________________________ § 25-2-492 (Site development regulations) to decrease the minimum lot size from 5,750 square ____________________________________________________________________________ feet (required/permitted) to 5,500 square feet (requested/existing) ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings ____________________________________________________________________________ City staff have determined that a variance from the minimum lot size is required before building ____________________________________________________________________________ and plumbing permits can be issued and finalized to correct previous work without a permit, ____________________________________________________________________________ bring the property up to code, and repair damage from the recent freeze. Reference BP 2017 ____________________________________________________________________________ 74166 (On Hold), PP 2017 74166 (On Hold). ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ a) b) ____________________________________________________________________________ Most properties in the subdivision were platted in the forties or fifties at 6,000 square feet or ____________________________________________________________________________ more, and so they were unaffected when the minimum lot size of 5750 sf went into effect. It ____________________________________________________________________________ appears, however, that sometime after the house and garage were built, a portion of this lot ____________________________________________________________________________ was sold. The resulting deficiency was not recognized until about 5 years ago. This ____________________________________________________________________________ circumstance is unique within this area. ____________________________________________________________________________ Most properties in the subdivision were platted in the forties or fifties at 6,000 square feet or more and built out with modest houses that meet the current SF3 site development standards. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 5 of 8 E-5/14____________________________________________________________________________ The purpose of the variance is to maintain the existing structures and bring the property into ____________________________________________________________________________ compliance with current regulations. That will include closing an unpermitted curb cut, removing ____________________________________________________________________________ an unpermitted kitchen sink, providing two code-compliant parking spaces, removing a storage ____________________________________________________________________________ shed in the rear easement as directed by Austin Energy, and reducing excessive impervious ____________________________________________________________________________ cover and building cover, which should serve to restore the property’s compatibility with ____________________________________________________________________________ adjacent properties. - - 1. 2. 3. 4. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 6 of 8 E-5/15Section 3: Applicant Certificate Digitally signed by Scott Jacobs Scott Jacobs ____________________________________________ Date: 2021.05.26 15:50:00 -05'00' _____________ 05/26/2021 ___________________________________________________ Scott Jacobs __________________________________________________________ 2003 Arpdale St. ________________________________________ Austin ________________ TX _______ 78704 ____________________________________________________ (512) 765-5226 ____________________________________________ Section 4: Owner Certificate Scott Jacobs ______________________________________________ Digitally signed by Scott Jacobs Date: 2021.05.26 15:50:50 -05'00' _____________ 05/26/2021 ______________________________________________________ Scott Jacobs ____________________________________________________________ Same as above. ________________________________________ ________________ _______ ____________________________________________________ ____________________________________________ Section 5: Agent Information ____________________________________________________________________ ____________________________________________________________ ________________________________________ ________________ _______ ____________________________________________________ ____________________________________________ Section 6: Additional Space (if applicable) _______________________________________________________________________________ The variance request is to allow the City to issue plumbing and building permits so that the owner _______________________________________________________________________________ may move forward with repairs and address previous code violations in an SF-3 zoning district. The _______________________________________________________________________________ property will not be used for two-family use and will only be occupied as a single dwelling. Separate _______________________________________________________________________________ designations for A and B units will be removed from the address. | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 7 of 8 E-5/16_______________________________________________________________________________ In addition to repairs of freeze damage, work will include, closing an unpermitted curb cut, _______________________________________________________________________________ removing an unpermitted kitchen sink, relocating a storage shed from the rear easement as _______________________________________________________________________________ directed by Austin Energy, providing two code-compliant parking spaces, reducing impervious _______________________________________________________________________________ cover to less than 45% and building cover to less than 40%, and passing final inspections. _______________________________________________________________________________ _______________________________________________________________________________ A new sewer line to the house has already been installed and inspected by the city. _______________________________________________________________________________ The deck on the back side of the main house has already been removed. _______________________________________________________________________________ A 48 sf portable shed has already been relocated, as required by Austin Energy. _______________________________________________________________________________ _______________________________________________________________________________ Building cover will be reduced to 40% by _______________________________________________________________________________ 1. Reducing the size of the covered roof from the rear deck. _______________________________________________________________________________ _______________________________________________________________________________ Impervious cover will be reduced to 45% by: _______________________________________________________________________________ 1. Converting the majority of the rear deck to uncovered deck, such that the impervious cover is _______________________________________________________________________________ below 45%. _______________________________________________________________________________ 2. Installing concrete ribbon strips or using other code-compliant means to reduce the main _______________________________________________________________________________ driveway to ~140 sf, such that the impervious cover is below 45%. _______________________________________________________________________________ 3. Removing at least 310 sf of the circular driveway and revegetating the front yard to a pervious _______________________________________________________________________________ landscape. _______________________________________________________________________________ 4. Removing 131 sf of concrete sidewalks in the front yard. _______________________________________________________________________________ 5. Removing 153 sf of pavers in the side and back yards. _______________________________________________________________________________ 6. Removing 90 sf of concrete pads in the side yard. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 8 of 8 E-5/17E-5/18 ADVANCED PACKET PREPARED BY OWNER/APPLICANT: SCOTT JACOBS LEGAL DESCRIPTION: WEST 55’ OF LOT 16, BLOCK 8 RABB INWOOD HILLS ZONING DISTRICT: SF-3 2003 ARPDALE ST. E-5/19CONTENTS Letter to the Board ........................................................................................................................................ 2 Residential Permitting requires the lot size variance in order to remove the hold and the issue permit .... 3 Outstanding issues and resolutions .............................................................................................................. 4 History of 2003 Arpdale St. ........................................................................................................................... 5 Variance Request for Existing Residence....................................................................................................... 5 Supporting Evidence for the Variance Request ............................................................................................. 6 Appendix ....................................................................................................................................................... 7 Over 80% of the owners within 300ft in support of the variance request ............................................... 8 Friends of Zilker Support the Variance Request ............................................................................................ 9 History of Occupants with testimonials and evidence ............................................................................ 10 Timeline of Occupants and owners ..................................................................................................... 10 Confirms Accessory Structure Occupancy in 1990 ............................................................................. 11 Confirms Accessory Structure Occupancy in 1993 ............................................................................. 11 Confirms Accessory Structure Occupancy in 1997 ............................................................................. 12 Confirms Accessory Structure Occupancy in 1998 ............................................................................. 12 Confirms Accessory Structure Occupancy in 2000 ............................................................................. 12 Confirms Accessory Structure Occupancy in 2002 ............................................................................. 13 Confirms Accessory Structure Occupancy in 2002 ............................................................................. 13 Phone records suggest that the Accessory Structure was converted prior to 1994 ............................... 14 History of Deeds ...................................................................................................................................... 16 Rabb Inwood Hills Deed from 1939 seems to be outdated ................................................................ 16 Proof of Subdivision of Lot 16, Block 8 in 1949 ................................................................................... 19 Land Status Determination – 1987 Rule Platting Exception ................................................................ 20 Photos of Accessory Structure ................................................................................................................ 21 Permit History ......................................................................................................................................... 23 E-5/20LETTER TO THE BOARD 6/25/21 Dear Members of the Board: When I purchased 2003 Arpdale St in 2012, I was not informed that the accessory structure was not compliant with City of Austin building code. However, during a sewer line inspection, a code enforcement officer noticed the unpermitted accessory structure. I immediately made it my priority to bring the house up to code and submitted a permit application, which then led to this variance process. I have been living in this accessory structure since I purchased the home in 2012 and it became unlivable after damage from the winter freeze earlier this year (due to water damage from a pipe bursting). I have been displaced since this natural disaster and am doing everything I can to properly permit the repairs to the home. The permit has been put on hold by Susan Barr until I obtain the requested variance. This is the least variance from code needed to maintain the property and bring it into compliance in all other respects. I am requesting a variance in order to maintain the existing house and accessory structure. There is countless evidence which supports that the permitted detached garage was converted to an accessory structure in 1990. Nearly the all of my neighbors are in support of my variance request and there have been no issues with the accessory structure for over 30 years, so I respectfully ask the board to allow the structure to remain in place and for the property to remain as is. Regards, Scott Jacobs E-5/21RESIDENTIAL PERMITTING REQUIRES THE LOT SIZE VARIANCE IN ORDER TO REMOVE THE HOLD ON THE PERMIT In order to repair the structure from the water damage resulting from the winter freeze in February, a variance must be approved to release the permits which are currently on hold. A new site plan will reduce building and impervious coverages, eliminating the need for the two variances related to coverage stated in the letter below (more details on next page). E-5/22OUTSTANDING ISSUES AND RESOLUTIONS Aside from getting the variance approved (to legally permit the accessory structure), a few other issues have been identified. These have either already been resolved or are in the process of being resolved. ◦ ◦ Sewer Line Repair – This repair was completed and inspected in June 2017 (2016-016025 PP). ◦ Curb Cut for Circular Driveway – This was a pre-existing condition to the owner purchasing the home and will be filled in during the “landscaping remodel” of the property when the circular driveway is removed. Impervious and Building Coverage – Owner will reduce the impervious coverage within the limitations set by Austin Code. Key changes include removing several concrete pads, removing the circular driveway, making the walkways pervious, and reducing the area of the accessory structure’s covered deck. See proposed site plan below: Proposed Site Plan Imp CovBuilding CovPercentage of Lot Size44.97%38.12%Allowable Pecentage45.00%40.00%E-5/23HISTORY OF 2003 ARPDALE ST. 1939 – Deed for Rabb Inwood Hills was created 1949 – Lot 16, Block 8 was subdivided – 2003 Arpdale was built with detached garage 1990’s – Garage was converted to accessory structure ◦ Aerial views in GIS (which only go back to 1997) show the converted accessory structure which suggests that it was converted prior to 1997 ◦ ◦ ◦ There are two separate phone records with different names registered in 1994 which suggests the accessory structure was converted prior to 1994 Several permits were taken out for 2003 Arpdale in 1990 which suggests that contractors were permitted to work on site suggesting that the conversion happened in 1990 Testimonials from several past tenants and owners have confirmed the structure has been there for over 30 years. 2012 – Property was purchased by current owner ◦ Owner was unaware that the accessory structure was not legally permitted ◦ Owner moved into the accessory structure and added an “A” and “B” address to the property. It has not been condoed. ◦ Front house is rented on a long-term basis 2021 – Property damaged by winter freeze in Feb 2021 and displaced owner from his homestead ◦ Owner wants to go through the proper process to get the repairs legally permitted with the city. The following variance is required for the permits to be issued. Once work is completed, owner will be able to move back into home. VARIANCE REQUEST FOR EXISTING RESIDENCE Variance request to Section 25-2-492 ◦ (Site development regulations) to decrease the minimum lot size from 5,750 square feet (required/permitted) to 5,500 square feet (requested/existing) E-5/24SUPPORTING EVIDENCE FOR THE VARIANCE REQUEST Friends of Zilker Neighborhood Association supports the request Neighborhood is in support ◦ Over 80% of the owners within 300ft are in support the variance request ◦ Verified by signatures This is to maintain an existing house and accessory structure The site of 2003 Arpdale has been in its current state for over 30 years Several other houses in the Rabb Inwood subdivision have accessory structures ◦ ◦ No history of issues ◦ No complaints against the house or accessory structure have been recorded for over 57 years ◦ Verified by open record request Deed restrictions aren’t being enforced by City Code ◦ Not all deed restrictions for Rabb Inwood Hills are being enforced E-5/25APPENDIX E-5/26OVER 80% OF THE OWNERS WITHIN 300FT IN SUPPORT OF THE VARIANCE REQUEST (Signatures can be provided upon request) Neighbors felt like this variance is a non-issue since this request involves maintain an existing structure which shouldn’t be subject to regulations intended to limit the amount of new construction and conversions in the area. E-5/27FRIENDS OF ZILKER SUPPORT THE VARIANCE REQUEST E-5/28HISTORY OF OCCUPANTS WITH TESTIMONIALS AND EVIDENCE TIMELINE OF OCCUPANTS AND OWNERS E-5/29CONFIRMS ACCESSORY STRUCTURE OCCUPANCY IN 1990 Gilbert owned the house from 1990-2007 CONFIRMS ACCESSORY STRUCTURE OCCUPANCY IN 1993 White pages suggest David lived at 2003 Arpdale from 1993 to 1998. E-5/30CONFIRMS ACCESSORY STRUCTURE OCCUPANCY IN 1997 White pages suggest Chris lived at 2003 Arpdale from 1997 to 2003. CONFIRMS ACCESSORY STRUCTURE OCCUPANCY IN 1998 White pages suggest David lived at 2003 Arpdale from 1998 to 2006. CONFIRMS ACCESSORY STRUCTURE OCCUPANCY IN 2000 White pages suggest David lived at 2003 Arpdale from 2000 to 2002. E-5/31CONFIRMS ACCESSORY STRUCTURE OCCUPANCY IN 2002 CONFIRMS ACCESSORY STRUCTURE OCCUPANCY IN 2002 Since Gilbert sold the house in 2007, Jana lived at 2003 Arpdale from 2002 to 2007. E-5/32PHONE RECORDS SUGGEST THAT THE ACCESSORY STRUCTURE WAS CONVERTED PRIOR TO 1994 E-5/33 E-5/34HISTORY OF DEEDS RABB INWOOD HILLS DEED FROM 1939 SEEMS TO BE OUTDATED E-5/35 E-5/36 E-5/37PROOF OF SUBDIVISION OF LOT 16, BLOCK 8 IN 1949 E-5/38LAND STATUS DETERMINATION – 1987 RULE PLATTING EXCEPTION E-5/39PHOTOS OF ACCESSORY STRUCTURE E-5/40 E-5/41PERMIT HISTORY Permit history suggests that the structure was likely converted over 30 years ago in 1990. E-5/42 E-5/43 E-5/44 E-5/45 E-5/46 E-5/47 E-5/48 E-5/49 E-5/50Ramirez, Elaine From: Sent: To: Cc: Subject: Scott Jacobs Tuesday, July 06, 2021 12:56 PM Ramirez, Elaine Lorraine Atherton Re: BOA Application Ok, given that, will you please postpone my hearing until next month? I will need to submit a different advanced packet. On Tue, Jul 6, 2021 at 10:50 AM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Unfortunately Scott we cannot rescind your Advanced Packet, it has already been uploaded to the BCIC. The only other option you have is to request a Postponement to the Aug. 9, 2021 BOA mtg. that will give you time to submit an updated Advanced Packet with only information that you would like the Board to view. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016- 0922-005 | City Clerk’s website | City Clerk’s FAQ’s 1 E-5/51-----Original Message----- From: Scott Jacobs [mailto:sj Sent: Monday, July 05, 2021 3:24 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Cc: Lorraine Atherton Subject: BOA Application *** External Email - Exercise Caution *** Am I allowed to rescind my advanced packet? I accidentally submitted information that isn’t relevant to my application. 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. Hi Elaine, Thank you, Scott Scott Jacobs 214-908-0770 -- Scott Jacobs (214) 908 0770 2 E-5/52Lorraine L. Atherton __________________________________________________________________ 2009 Arpdale  Austin, TX 78704 July 7, 2021 Board of Adjustment City of Austin Re: Variance request C15-2021-0067, 2003 Arpdale Dear Chair and Board Members, As a nearby homeowner and resident on Arpdale since 1983, I am an interested party in the case at 2003 Arpdale, D-5 on your July 12 agenda. This property has a long history of work without permits, beginning with remodeling of the house and expansion of the detached garage in the mid-1980s, and of code complaints. Because the work took place after the current code took effect, it does not qualify for administrative variances. The situation has been complicated by a lack of reliable surveys and confusion over the actual dimensions of the lot, and by the tendency of owners to resolve their code violations by applying for permits that are then allowed to expire without inspections. It came to a head several years ago when the current owner began advertising online and tried to rent out the property as three separate units, including short-term rentals. When the plumbing failed, requiring replacement of the sewer line, City inspectors stepped in. I was aware of an administrative hearing on some of the code violations (case number CL-2020-024957, scheduled for March 18, 2020) but have been unable to find the result of the hearing. The zoning committee of the Zilker Neighborhood Association does not support the use of Board of Adjustment variances to resolve code and work-without-permit issues like this, especially if it results in additional entitlements on the property. It is, however, in the best interests of the neighborhood to maintain the single-family residence and to have the property brought up to code for the health and safety of future residents. To that end, I worked with Susan Barr of Residential Plan Review to find the resolution described in the following email from May 2019: From: latherton Sent: Thursday, May 16, 2019 2:05 PM To: 'Barr, Susan' Subject: RE: 2003 Arpdale Appeal of BP #17-074166 Hello, Ms. Barr. 25-2-943. In response to your assessment that “the property owner needs to go to the BOA for a variance to the following: 1. minimum lot size since the property does not meet the requirements of LDC section 2. Building coverage and impervious cover if he is unwilling to reduce the square footages in order to come into compliance,” I and the Zoning Committee of the Zilker Neighborhood Association have agreed that we would not oppose a variance to decrease the minimum lot size at 2003 Arpdale, for the purpose of maintaining the existing house and accessory structure, if the owner meets the attached conditions (which include complying with the building and impervious cover limits). You have our permission to communicate this decision to the owner. I have copied ZNA President David Piper 1 E-5/53on this message. Thank you, again, for your patience and for helping us work through the various elements of this case. L. Atherton The conditions forwarded to Mr. Jacobs in 2019, 2020, and 2021 are: The ZNA zoning committee will not oppose a variance at 2003 Arpdale to decrease the minimum lot size to 5,514 sf if the following conditions are met: The owner (Scott Jacobs) must incorporate the corrected dimensions listed below into the variance application or submit a new sealed survey, include a diagram showing where decking and impervious cover will be removed to comply with current building and impervious cover limits, and resolve the specific discrepancies listed below. Dimensions of 2003 Arpdale 1. The area of the property is currently 5,514.14 square feet, which does not meet the minimum lot size of 5,750 square feet required in LDC Article 7, 25-2-943 (2), for lots recorded after March 14, 1946. (a) Maximum building coverage allowed is 2,205.7 sf (40% of total area). (b) Maximum impervious cover allowed is 2,481.4 sf (45% of total area). 2. On March 1, 1984, the accessory structure was a garage with an area of 180 sf and the area of the primary structure was 1,049 sf. Today, the area of the accessory structure, including the covered decks, is at least 648 sf and the area of the primary structure, excluding porches, is 1,420 sf. Building permits were not issued for the additional 839 sf constructed on this property after 1984, and the additions did not comply with applicable regulations at the time of construction. 3. The property does not comply with current building and impervious cover limits. (a) Existing building coverage is 2,307 sf, which exceeds the maximum allowed by 101.3 sf. (b) Existing impervious cover is 3,357 sf, which exceeds the maximum allowed by 875.6 sf. Discrepancies to be resolved and conditions to be included in variance application  Reduce the size of the covered deck. The structure should be limited to the dimensions seen in the 2006 photos provided by Mr. Jacobs. The photos confirm that the covered deck was smaller in 2006 than the current deck. As a condition of the variance, the deck should be reduced at least to the width in the 2006 photo, and the deck should not be allowed to encroach on the rear setback or in the 10-foot space required between the two structures.  Specify impervious cover to be removed. Much of the impervious cover was not shown on the previous surveys (the concrete skirt, the AC pad, the back porch, the trash bin pad between the house and the driveway, the walkways behind the house, the side stoop, the steps to the back deck, the 24sf extension on the deck). All impervious cover must be accounted for and reduced to 2,481 sf or less. The circular driveway must be replaced with pervious landscaping (not gravel) and the curb cut closed. The portable shed hidden behind the accessory structure must be removed.  Provide two off street parking spaces.  Specify use conditions. The variance should include conditions that will prevent two-family uses, such as: the second mailbox must be removed, and the property may be occupied or leased only as a single dwelling (not with A and B units). 2 E-5/54My understanding of that agreement is that Residential Plan Review will require a new site plan and survey to verify that the building cover does not exceed 40% and impervious cover does not exceed 45%, rather than relying on measurements supplied by the property owner. Indeed, the diagram that Mr. Jacobs has submitted in his advance packet appears to contain some discrepancies. For example, the impervious cover adds up to more than 2,500 sf, but it should be limited to 2,475 sf on a 5,500 sf lot. Because of that, I ask that you include conditions in your decision specifically limiting the building cover to 40% and the impervious cover to 45%, without referencing the diagram or otherwise appearing to approve individual deviations from code requirements. It should also be noted that Residential Plan Review has decided that the encroachments of the accessory structure into the west and south setbacks date to the original construction of the garage and so do not require variances. To preserve the rights of the adjacent property owners, I request that the variance conditions include a statement that the encroachments will not be extended beyond the original garage footprint or height. Thank you for your service to the community. Sincerely yours, Lorraine Atherton 2009 Arpdale Austin, TX 78704 3 E-5/55E-5/56