E-3 C15-2021-0080 GRANTED DS W CONDS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0080 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Micah King OWNER: Darius Fisher ADDRESS: 74 SAN SABA ST Unit 2 VARIANCE REQUESTED: ): The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from: a) setback requirements to decrease the minimum Rear Yard Setback from 10 feet (required) to 2.1 feet (requested) b) setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet(required) to 3.9 feet (requested) and from 25-2-735 (Festival Beach Subdistrict Regulations) from c) impervious cover requirements to increase from 40% (maximum allowed) to 41.38% (requested), (existing 47.8%), in order to maintain a 2nd FL deck on rear accessory structure in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). Note: 25-2-735 (Festival Beach Subdistrict Regulations) (A) This section applies in the Festival Beach subdistrict of the WO combining district. (D) For an area not included in a primary setback area or a secondary setback area, the maximum impervious cover is: 1) 40 percent  BOARD’S DECISION: Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Thomas Ates seconds on a 10-0 vote; POSTPONED TO September 13, 2021. Sept 13, 2021 the public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant as per drawing E-3/17 and Impervious cover as proposed; Board Member Melissa Hawthorne seconds on a 11-0 vote; GRANTED AS PER DRAWING E-3/17 AND IMPERVIOUS COVER AS PROPOSED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: would preclude being able to preserve an existing deck for 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 approx. 10 ft 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 2. (a) The hardship for which the variance is requested is unique to the property in that: 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: 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 approx. 90 years, and there is a vacated former alleyway at the rear of the 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: its common for structures to be placed in rear and side setback in this part of town in this area and decks design is consistent with area character. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair forAs-Is Survey E-3/17