E-4 C15-2021-0093 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0093 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Janis Smith PE OWNER: Jeff and Ally Davidson ADDRESS: 8818 BIG VIEW DR Bldg 4 VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 30 feet (required) to 50 feet (requested) in order to erect a boat dock in an “LA” Lake Austin Residence zoning district. BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) 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: 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: E-4/1 ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-4/2October 5, 2021 Janis Smith PE 8818 Big View Dr Bldg 4 Austin TX, 78730 Re: C15-2021-0093 Property Description: LOT 4 BLK A PANTHER HOLLOW CREEK PHS II Dear Janis, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LCD 25-2- 1176(A)(1) – to allow for construction of a boat dock 50 feet from the shoreline. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing 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 II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602 E-4/3Janis Smith Consulting, LLC Civil Engineering Consulting for Lake Austin Shoreline Projects October 19, 2021 Board of Adjustment P.O. Box 1088 Austin, Texas 78767 Dear Board Members: Re: Engineering Summary Letter for 8818#4 Big View Drive Application for a variance to LDC 25-2-1176(A)(1) to allow construction of a boat dock 50 ft. from the shoreline on Lake Austin The project titled 8818#4 Big View Drive proposes to construct a two-slip boat dock and new bulkhead on a site located about 5 miles west of the intersection of RM2222 and City Park Road. It’s in the Full Purpose Jurisdiction of the City of Austin on the shore of Lake Austin in the Panther Hollow Neighborhood Association. Below is an aerial photo of the overall area. The proposed dock plan and elevation views are below. 1505 Westover Road ! Austin, Texas 78703 ! www.janissmithconsulting.com ! TBPE Firm No. F-16978 E-4/48818#4 Big View Drive BOA Variance Application 10/19/21 Page 2 of 4 This application is for a BOA variance to construct a dock extending more than 30 ft. from the shoreline. Ski boats need at least 3.5 ft. of water depth in order to clear the lakebed; so docks have to be in water that is at least 3.5 ft. deep. When the water depth is too shallow, as it is at this location, the COA offers two possibilities to facilitate construction of a boat dock in shallow water: dredging the lakebed to increase the depth or extending the boat dock into deeper waters. The COA allows dredging up to a maximum of 25 CY and requires an environmental variance for quantities over 25 CY. Every dredge variance application for a residential dock has been denied since the dredge code section was adopted in 2014. The vast majority of lakeshore properties are able to construct a functional dock within 30 ft. of the shoreline while adhering to the 25 CY dredge limit. That’s not possible at this site. The lake depth is 2 ft. at a distance of 40 ft. from the shore. Limiting the dock extension to 30 ft. while only dredging 25 CY results in a water depth of 2.4 ft. Consequently, the propeller would churn up the silt on the lakebed for a distance of about 50 ft. from the channel into the slip. In order to construct a boat dock with enough depth to accommodate the draft of a ski boat, the owner is applying for a variance to LDC 25-2-1176(A)(1) allowing construction of a boat dock that extends more than 30 ft. from the shoreline on Lake Austin. Shown is the proposed dredge cross-section which determines the necessary dock extension. 1505 Westover Road ! Austin, Texas 78703 ! www.janissmithconsulting.com ! TBPE Firm No. F-16978 E-4/58818#4 Big View Drive BOA Variance Application 10/19/21 Page 3 of 4 Below is the aerial photo of the docks in the vicinity of this site. It shows the docks in the area which extend further than 30 ft. from the shore. Some of the docks were granted this same variance while others are either out of compliance or are grandfathered. Of primary interest is the docks within the immediate vicinity of the project site. Panther Hollow Neighborhood Association is composed of four lots on Big View Drive: 8818 #1, #2, #3 and #4. #1 and #2 extend further than 30 ft. from the shoreline; there’s no dock at #3; and this site, #4, previously secured this variance, but it has expired. The docks at 3301 and 3303 Far West, the two homes immediately downstream of the Panther Hollow Neighborhood, also extend more than 30 ft. from the shoreline. Attached are the emails of support from the neighbors for this variance application. On behalf of the owners, Jeff and Ally Davidson, I ask you to support the variance application as well. I look forward to the meeting on the 11th. Very truly yours, Janis J. Smith, P.E Janis Smith Consulting, LLC 512-914-3729 1505 Westover Road ! Austin, Texas 78703 ! www.janissmithconsulting.com ! TBPE Firm No. F-16978 E-4/68818#4 Big View Drive BOA Variance Application 10/19/21 Page 4 of 4 NEIGHBOR’S EMAILS OF SUPPORT 8818 #1 Big View Drive “I fully support the Davidson’s application for a variance to build their dock further into the lake because of the shallow water at the shoreline. Sincerely, Milton Verret” 8818 #2 Big View Drive “This looks fine to Lorri and I subject to Kelly’s approval. So long as he doesn’t have an issue, we are in support of your variance application. Many thanks, Terry Payne” Thanks, Kelly” 8818 #3 Big View Drive “Agree with Terry. Things look fine from my standpoint as well and also fully support your variance application. 3301 Far View Drive “Jennifer McNevin and I support Jeff and Ally Davidson's request for a variance at 8818 #4 Big View from the City of Austin to construct their dock further into the lake than allowed by City Code. There is no doubt that the depth at this shoreline is too shallow to construct a functional dock without extending it further into the lake by forty-five to fifty feet. A functional dock is essential to the owners. Still, another advantage to an extension is that an extended structure serves as a guide for boaters to stay further away from the shallow shoreline. Before our dock's construction, I witnessed too many boaters approach the banks too closely, and I always worried for them. Best to you and the Davidsons, Greg Koury and Jennifer McNevin” 3303 Far View Drive “We are fully supportive of the Davison’s (sic) application to extend their dock to reach deeper water. Please don’t hesitate to contact me if I can be of assistance - we all need a way to navigate the shallow water. Many thanks, ELP” 1505 Westover Road ! Austin, Texas 78703 ! www.janissmithconsulting.com ! TBPE Firm No. F-16978 E-4/7BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0093 BOA DATE: October 11th, 2021 ADDRESS: 8818 Big View Dr #4 OWNER: Jeff & Ally Davidson COUNCIL DISTRICT: 10 AGENT: Janis J. Smith ZONING: SF-1-CO LEGAL DESCRIPTION: LOT 4 BLK A PANTHER HOLLOW CREEK PHS II VARIANCE REQUEST: increase the dock length 30 feet (required) to 50 feet (requested) SUMMARY: erect a boat dock ISSUES: extremely shallow water ZONING LAND USES SF-1-CO Site North RR South East West SF-1-CO LA SF-1-CO Single-Family Rural Residential Single-Family Single-Family / Lake Austin Single-Family NEIGHBORHOOD ORGANIZATIONS: 2222 Coalition of Neighborhood Association, Inc. Austin Lost and Found Pets Canyon Creek HOA Edgewater Association Friends of Austin Neighborhoods Glenlake Neighborhood Association Leander ISD Population and Survey Analysts Long Canyon Homeowners Assn. Long Canyon Phase II & III Homeowners Assn Inc Neighborhood Empowerment Foundation River Place HOA Sierra Club, Austin Regional Group Steiner Ranch Community Association TNR BCP Westminster Glen HOA Travis County Natural Resources E-4/8! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS C15-2021-0093 CASE#: LOCATION: 8818 BIG VIEW DR #4 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 " = 417 ' 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. E-4/9E-4/10E-4/11E-4/12E-4/13E-4/14E-4/15E-4/16E-4/17E-4/18E-4/19E-4/20I fully support the Davidson’s application for a variance to build their dock further into the lake because of the shallow water at the shoreline. To whomever it may concern, Sincerely, Milton Verret 8818 Big View Dr. Austin, TX 787430 E-4/21comments to the contact must be submitted Written before 9 a.m. the day of the public viewed by the Board the name of the board or commission, public All comments the Case Number; received on the notice and to be added to the Late Back-up include or Council; the scheduled date of the on the notice. listed will become part of the public the night of the meeting. Your comments and the contact hearing; of this case. hearing listed record person person should Case Number: ClS-2021-0093 Contact: Public mirez@aust Hearin : Board of Ad"ustment· Elaine Ramirez; elaine.ra intexas.gov 11th 2021 October Your Name (please pr{nt) 33 D 1 Ert<R V{ €uJ Dre am in favor DI object PUBLIC HEARING INFORMATION you are not required their agent(s) to attend. Although applicants and/or hearing, have the opportunity development environmental application organization that has expressed your neighborhood. or change. You may also contact are expected However, affecting to attend if you do attend, a public you a neighborhood an interest or in an to speak FOR or AGAINST the proposed the board or commission During a public hearing, continue or denial specific than 60 days from the announcement, an application's hearing of the application. or to a later date, or recommend approval a or continuation date and time for a postponement If the board or commission may postpone is required. that is not later announces no further notice A board or commission's standing can appeal will determine the decision. whether to appeal, a person decision may be appealed party that is or an interested The body holding a public identified hearing who as a person on an appeal the decision. has standing to appeal by a person with party is defined as a person operty, who is the applicant an interest to a or who communicates or record An interested owner of the subject pr by: board or commission • delivering the public a written statement to the board or commission before or identifies the issues on a of person listed that generally to the contact hearing during concern (it may be delivered or notice); • appearing and: and speaking for the record at the public hearing; 500 feet of the subject that is within •occupies property •is the record residence a primary development; or proposed owner of property development; or of an environmental or proposed •is an officer within in or whose declared boundaries or neighborhood are within organization 500 feet of that has an interest the subject property or proposed development. 500 feet of the subject property A notice department be available of appeal must be filed with the director no later than 10 days after the decision. from the responsible department. An appeal form may of the responsible For additional process, information on the City of Austin's land development visit our web site: www.austintexas.gov/devservices. If you will be using this form to comment, to: please return it via e-mail Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov E-4/22