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BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0080 BOA DATE: August 9th, 2021 ADDRESS: 74 San Saba St –Unit 2 OWNER: Darius Fisher COUNCIL DISTRICT: 3 AGENT: Micah King ZONING: SF-3-NP (Holly) LEGAL DESCRIPTION: LOT 3 BLK 7 & 8FT ADJ ALLEY OLT 41-42&53 DIV O RILEYS SUBD VARIANCE REQUEST: a) decrease rear yard setback from 10 ft. to 2.1 ft. b) decrease interior yard setback from 5 ft. to 3.9 ft. c) increase impervious cover from 45% to 47.8% SUMMARY: maintain 2nd FL wood deck ISSUES: size and configuration of lot ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-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 Del Valle Community Coalition East Austin Conservancy East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town D-3/1D E R D MIL CESAR CHAVEZ A R A L C CANTERBURY S E L A N R E D E P S LIU U J WILLOW A B A N S A S O N A L L 3RD 2ND Y E L L A V T N A S A E L P ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0080 74 SAN SABA STREET 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-3/2111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 Micah J. King Senior Associate June 29, 2021 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department Re: Request for Variance to Preserve Existing Deck at 74 San Saba Street (the “Property”) On behalf of the owner of the above-referenced Property, please accept the enclosed request for a variance to preserve an existing wooden deck at the Property. The deck serves the old rear residence on the property and provides secondary egress for the unit, whose habitable space is entirely on the top floor of the structure, and there is no internal stairwell for any other secondary point of egress. The deck also provides important outdoor space for the tenant of the rear unit which is important given ongoing concerns about health limitations on travel. The deck was constructed in good faith based on the contractor’s assurances to the owner. The rear and side property lines are also not clear as the fence is off and the house was originally constructed close to the rear and south side of the Property, and the rear 8' of the Property is part of a vacated alleyway. While the property lines changed when the alleyway was vacated, the deck is located more than 10' from the platted, original property line of the property to the rear. Approval would result in a net decrease to the amount of impervious cover in the Waterfront Overlay, in which the Property is located, which would advance the Overlay’s goal of enhancing environmentally sensitive areas of the Colorado River Corridor as called for in § 25-2-710(B). Even prior to the construction of the deck, the Property exceeded the maximum impervious cover of 40%, which is imposed on properties in the Festival Beach subdistrict of the Waterfront Overlay outside of the primary and secondary setbacks. The amount of impervious cover on the Property was 44.14% and is now 47.8%. We are seeking a variance to have 41.38%. We can comply with this limit by demolishing 345 sq. ft. of pre-existing concrete impervious cover, which would result in a net decrease to the amount of impervious cover by 2.76% as compared to pre-deck conditions. We would also comply with the 45% impervious cover limit set by SF-3 zoning via the demolition. Thank you for your time and for the Board’s consideration. Sincerely, Micah King HB: 4836-5047-3201.3 D-3/3Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 74 San Saba Street, Austin, Texas 78702 Subdivision Legal Description: ____________________________________________________________________________ LOT 3 BLK 7 & 8FT ADJ ALLEY OLT 53 DIV O RILEYS SUBD, ACCORDING TO THE PLAT ____________________________________________________________________________ RECORDED AT VOL. 3 P. 140 OF THE PLAT RECORDS OF TRAVIS COUNTY. Lot(s): _________________________________ Block(s): _____________________________ 3 7 Outlot: _________________________________ Division: _____________________________ 53 O Zoning District: ___________________________________________________________________ SF-3-NP I/We ________________________________________________ on behalf of myself/ourselves as Micah King, Husch Blackwell LLP authorized agent for ________________________________________________ affirm that on Darius Fisher Month July , Day 7 , Year 2021 , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ Type of Structure: ______________________________________________________________ Existing porch attached to rear of circa 1930 home. City of Austin | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 4 of 8 D-3/4Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ LDC § 25-2-492 (Site Development Regulations) for residential property zoned SF-3-NP to ____________________________________________________________________________ reduce the min. rear setback requirement from 10 feet (required) to 2.1 feet (requested); reduce ____________________________________________________________________________ the min. side setback from 5 feet (required) to 3.9 feet (requested); and from LDC § 25-2-735 ____________________________________________________________________________ (D)(1) to increase max. impervious cover from 40% to 41.38% (for a net reduction of cover). Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: ____________________________________________________________________________ The zoning regulations do not allow for a reasonable use of the property because they would ____________________________________________________________________________ preclude being able to preserve an existing deck for the upstairs rear residential unit, which ____________________________________________________________________________ increases the fire safety for residents by providing a secondary point of egress in case of ____________________________________________________________________________ emergency and which increases the quality of life for residents. The deck is set back approximately 10 feet from the originally platted lot line of the property to the rear, and the side ____________________________________________________________________________ of the deck is in line with the side of the existing structure from circa 1930 which it serves. ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ The hardship is unique to the property because options for where to place the deck are ____________________________________________________________________________ constrained by the locations of the old existing residential structures, the size and configuration ____________________________________________________________________________ of the property, and by the need to provide a gap between the existing houses, and the property ____________________________________________________________________________ line was unclear due to the vacated rear alleyway and misplaced fence at the rear of the ____________________________________________________________________________ property and the location of the existing rear structure. b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ The hardship is not general to the area since for most other properties in the area a rear deck ____________________________________________________________________________ with outdoor living space could be provided without encroaching onto the rear setback, the existing rear unit is in close proximity to the rear property line but has existed there for ____________________________________________________________________________ approximately 90 years, and there is a vacated former alleyway at the rear of the property. ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 5 of 8 D-3/5Area Character 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 variance would not alter the character of the area since it is common for structures to ____________________________________________________________________________ violate rear and side setback requirements in this area and the deck's design is consistent with ____________________________________________________________________________ the area's character. In addition, to comply with Code, the approval of the variance and ____________________________________________________________________________ preservation of the deck will require the demolition of concrete impervious cover, which would ____________________________________________________________________________ result in a net reduction to the amount of impervious cover and advance the Waterfront ____________________________________________________________________________ Overlay's goal of enhancing the environmentally sensitive Colorado River Corridor. Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 6 of 8 D-3/6D-3/7Photo of Encroachment Along the South Property Line Showing the Deck is Aligned with the Side of the Old House D-3/8Photo Showing Example of the Area’s Similarly-Encroaching Structures on Adjacent Property D-3/9Lot Lines and Other Nearby Encroachments Legend Lot Line 74 San Saba 0.0 0 0.01 0.0 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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: 600 Notes D-3/10As-Is Survey D-3/11The pre-existing impervious cover that is proposed to be demolished is highlighted in yellow. D-3/12rafters: floors/ceilings: decks: L/180 L/360 L/240 STRUCTURAL OBSERVATION: The structural engineer of record, or his designate, 1. shall provide structural observation of the structural system for general conformance to the approved plans and specifications at significant construction stages and at completion of the structural system as noted elsewhere in the contract documents. 2. The contractor shall notify the engineer a minimum of 72 hours prior to the date the observation is required in order to ensure availability of an inspector. 3. The following items require structural observation: - Foundation reinforcing and pre-pour setup - Framing prior to installation of gypsum board or wall covering. WOOD FRAMING: GENERAL: Lumber: All materials and workmanship shall 1. conform with the requirements of the latest "National Design Specifications for Stress-Grade Lumber and its Fastenings" by National Forest Products Association. 2. All lumber shall be Southern Pine (S4S) conforming to the standard grading and dressing rules of the Southern Pine Inspection Bureau. Unless indicated otherwise, the minimum grade of 3. structural members shall be as follows: studs other lumber no. 3 no. 2 Microlam (LVL) laminated veneer lumber: LVL shall 4. be manufactured by and designed in accordance with ICBO ES ER-4979. Plywood or OSB: Sheathing/single floor shall be 5. exterior grade bear the following APA span rating: 32/16 15/32" roof sheathing: 48 oc 11/8" single floor t&g: 32/16 15/32" wall sheathing: All floor sheathing shall be glued to the joists. The 6. field-glued system shall comply with the recommendations of the American Plywood Association. 7. At roofs, unsupported plywood panel end and side edges shall be backed with 2x4 flat blocking or Simpson panel sheathing clips. Where connectors and fasteners contact treated 8. lumber, use stainless steel or hot-dipped galvanized connectors and and fasteners. Columns and beams which are exposed to the 9. elements or part of a pier-and-beam foundation or floor system shall be pressure treated. GENERAL: Dimensions refer to rough surfaces. The contractor 1. must verify all dimensions prior to start of construction. The engineer shall be notified of any discrepancies or inconsistencies. All drawings are considered part of the contract 2. documents. The contractor shall be responsible for review and coordination of all drawings and specifications prior to the start of construction. Any discrepancies that occur shall be brought to the attention of the engineer prior to the start of construction so that clarification can be issued. Any work in conflict with the contract documents or any code requirements shall be corrected by the contractor at his own expense and at no expense to the owner or structural engineer. 3. All work shall conform to the minimum standards of the building code as well as any other regulating authority over any portion of the work including those additional codes and standards listed in the structural notes and specifications. 4. The engineer shall not control and shall not be responsible for construction means, methods, techniques, sequences or procedures; for safety precautions and programs in connection with the work; for acts or omissions of the contractor, subcontractor or for any persons performing the work; or for the failure of any of them to carry out the work in accordance with contract documents. Site observations by field representatives of the 5. engineer are solely for the purpose of determining if the work of the contractor is proceeding in accordance with the structural contract drawings. This limited site observation should not be construed as exhaustive or continuous to check the quality or quantity of the work, but rather an effort to guard the owner against defects or deficiencies in the work of the contractor. All structures require periodic maintenance to 6. extend life span and to insure structural integrity from exposure to the environment. A planned program of maintenance shall be established by the building owner. This program shall include items such as painting of structural steel, protective coating for concrete, sealants, caulked joints, expansion joints, control joints, spall and cracks in concrete. DESIGN DATA GENERAL BUILDING CODE The contract documents are based on the requirements of THE 2015 INTERNATIONAL RESIDENTIAL CODE Ground snow load: Wind speed (3 second gust) Risk Category: Exposure category: Seismic Design Category: Live Loads: exterior balconies: decks: passenger vehicle garages: attics without storage: attics with storage: rooms other: sleeping rooms: guardrails and handrails 5psf 115mph II C A 60psf 40 50 10 20 40 30 200 lbs Roof Live Load: roof slope 4:12 4:12 to <12:12 12:12 and up Dead Loads: 0-200 20 psf 16 12 tributary area 201-600 16 14 12 601+ 12 12 12 roofing: metal (2psf) flooring: ceramic tile 3/4" thick (10psf) hardwood 7/8" thick (4psf) carpet and pad (2psf) Materials indicated above were assumed in design. Prior to construction, builder must compare to actual materials and weights and contact engineer if differences are found. Actual dead loads must not exceed the loads indicated. DEFLECTIONS: The building movement specified below is anticipated and should be considered by the contractor in the performance of the work. t e n . i g n i r e e n g n E r e k c u T - 7 7 4 7 - 5 5 2 ) 2 1 5 ( - 1 8 6 8 7 s a x e T , k c o R d n u o R , 3 0 3 e t i u S , l i l a r T m o h s h C 1 1 3 1 i - 1 1 6 6 8 8 - F F n n o o i i t t i i a a r r t t s s g g e e R R s s s s e e n n s s u u B B i i , . c c n n I I , i i g g n n i i r r e e e e n n g g n n E E r r e e k k c c u u T T t s e o N l a r u t c u r t S s a x e T , n i t s u A , t e e r t S a b a S n a S 4 4 7 7 Scale: Scale: Issued: Issued: Drafter: Not to Scale Not to Scale 10/19/2020 10/19/2020 JG S0.1 D-3/13Simpson DTT2Z deck tension tie 2x10 Ledger attached to existing house with (2) 1 2" Ø bolts at 32" O.C. (2) 2x10 (2) 2x10 (2) 2x10 (2) 2x10 (2) 2x10 (2) 2x10 6x6 post set on existing 12" Ø concrete pier (typ.) 2x8 Joists at 16" O.C. 32' 10' 4x4 post set on a concrete deck block footing (typ.) t e n . i g n i r e e n g n E r e k c u T - 7 7 4 7 - 5 5 2 ) 2 1 5 ( - 1 8 6 8 7 s a x e T , k c o R d n u o R , 3 0 3 e t i u S , l i l a r T m o h s h C 1 1 3 1 i - 1 1 6 8 - F n o i t i a r t s g e R s s e n s u B i , . c n I , i g n i r e e n g n E r e k c u T l i n a P g n m a r F k c e D s a x e T , n i t s u A , t e e r t S a b a S n a S 4 4 7 7 Scale: Scale: d I Issued: Drafter: Not to Scale Not to Scale 10/19/2020 10/19/2020 JG S1.1 D-3/14House 3'-71 2" 91 4" 6'-3.5" t e n . i g n i r e e n g n E r e k c u T - 7 7 4 7 - 5 5 2 ) 2 1 5 ( - 1 8 6 8 7 s a x e T , k c o R d n u o R , 3 0 3 e t i u S , l i l a r T m o h s h C 1 1 3 1 i - 1 1 6 8 - F n o i t i a r t s g e R s s e n s u B i , . c n I , i g n i r e e n g n E r e k c u T n o i t l a v e E k c e D s a x e T , n i t s u A , t e e r t S a b a S n a S 4 4 7 7 Scale: Scale: Issued: Drafter: Not to Scale Not to Scale 10/19/2020 JG S1.1 D-3/15Existing handrail post Exiting handrail post 11 2" (2) #10 wood screws at 3" O.C. 3 8" Thick steel plate attached to post per detail 2/S3.1 Existing floor decking 6" 1 2" Ø through bolt (typ.) 4"x4"x3 8" Thick steel plate Existing (2) 2x10 beam 1 Handrail Repair Elevation Scale: not to scale Notes: Existing wood decking 6" 6" 3" (typ.) 11 2" 3 4" 1 2" Ø through bolt (typ.) 4" Existing beam 2 Steel Plate Detail not to scale Scale: Notes: t e n . i g n i r e e n g n E r e k c u T - 7 7 4 7 - 5 5 2 ) 2 1 5 ( - 1 8 6 8 7 s a x e T , k c o R d n u o R , 3 0 3 e t i u S , l i l a r T m o h s h C 1 1 3 1 i - 1 1 6 8 - F n o i t i a r t s g e R s s e n s u B i , . c n I , i g n i r e e n g n E r e k c u T s l i t a e D r i a p e R l i a r d n a H s a x e T , n i t s u A , t e e r t S a b a S n a S 4 4 7 7 Scale: Scale: Issued: Issued: Drafter: Not to Scale Not to Scale 10/19/2020 10/19/2020 JG S1.1 D-3/16D-3/17Legend Addresses Lot Line Waterfront Setbacks Overlay Primary Secondary Waterfront Overlay AUDITORIUM SHORES BALCONES ROCK CLIFF BUTLER SHORES CITY HALL EAST RIVERSIDE FESTIVAL BEACH LAMAR MONTOPOLIS RIVER TERRACE NORTH SHORE CENTRAL RAINEY STREET RED BLUFF SOUTH LAKESHORE SOUTH SHORE CENTRAL TRAVIS HEIGHTS UNIVERSITY/DEEP EDDY ZILKER PARK 0.0 0 0.02 0.0 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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 D-3/18 § 25-2-735 FESTIVAL BEACH SUBDISTRICT REGULATIONS. (A) This section applies in the Festival Beach subdistrict of the WO combining district. (B) The primary setback line is located 100 feet landward from the Town Lake shoreline. (C) The secondary setback line is located 50 feet landward from the primary setback line. (D) For an area not included in a primary setback area or a secondary setback area, the maximum impervious cover is: (1) 40 percent; or (2) 70 percent, for a site that: (a) contains congregate care and retail uses on 15 or more acres; (b) is adjacent to 1.5 or more acres of parkland or publically accessible open space; (c) includes, within the congregate care use, at least: (i) (ii) 310 rental housing units that serve residents earning at or below 60% of area median family income; 40 rental housing units that serve residents earning at or below 30% of area median family income; and (iii) 100 rental housing units that serve residents which are either: • earning at or below 30% of the area median family income and receiving a rent subsidy; or • earning at or below 50% of area median family income, without a rent subsidy, or with a rent subsidy that is required to be available under federal law to residents earning up to 50% of area median family income. (d) contains the following enhanced water quality features: (i) water quality treatment utilizing green water quality controls sized at ½-inch or greater, based on assumed impervious cover of 68%; (ii) at least 30,000 square feet of porous pavement for pedestrian areas; (iii) at least 8,126 cubic feet of rainwater harvesting sufficient to capture 1.3 inches of runoff from 75,000 square feet of impervious cover; and (iv) onsite water quality ponds sufficient to treat a minimum of 6,200 cubic feet of off-site drainage. (Supp. No. 152) Created: 2021-07-20 09:26:19 [EST] Page 1 of 1 D-3/19