D-3 C15-2021-0102 ADV PACKET — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0102 BOA DATE: December 13th, 2021 ADDRESS: 3201 Westlake Dr OWNER: Same Team Properties LLC COUNCIL DISTRICT: 10 AGENT: Pamela Madere ZONING: LA LEGAL DESCRIPTION: LOT 80&81 LAKE SHORE ADDN ABS 772 SUR 1 THOMAS D ACR 1.967 VARIANCE REQUEST: reduce the shoreline setback from 75 feet (required) to 25 feet (requested) SUMMARY: remodel existing residence + associated improvements ISSUES: re-plat from 1998 changed the area entirely, drainage easement, 25 ft setback for septic drain field Site LA North LA South LA LA East LA West ZONING LAND USES Lake Austin (Single-Family) Lake Austin (Single-Family) Lake Austin (Single-Family) Lake Austin (Single-Family) Lake Austin (Single-Family) NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council City of Rollingwood Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Our Spring Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources The Island on Westlake Owners Association D-3/1MC BRINE R U STIC RIV E R RIO R O B L E S T R A E H W O R C E K A L T S E W ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0102 3201 WESTLAKE DRIVE 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CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, Section 1: Applicant Statement 3201 Westlake Drive Lot 80 & 81 Lake Shore Addition, ABS 722, SUR 1 Thomas D. ACR 1.967 80A LA (Lake Austin) Pamela Madere Same Team Properties LLC, owner October 22 2021 Reduce 75' LA Shoreline Setback to 25' around on site man-made slough. D-3/3Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ LDC 25-551(B)(1)(a) to reduce the 75' LA shoreline setback to 25' ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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 existing improvements encroach into the 75' LA setback which was established after the ____________________________________________________________________________ residence was built in 1999-2002; previously man-made sloughs were not subject to this ____________________________________________________________________________ setback. The shoreline setback constitutes approximately 27% of the lot. Considering the 20% ____________________________________________________________________________ impervious cover limits, the shoreline 75' setback and the 75' setback from the slough, only 4.9% of the lot is buildable area or 6,127 square feet. The owner would like to make ____________________________________________________________________________ improvements to the property but cannot without a variance. This request is to extend the ____________________________________________________________________________ existing B.O.A. variance which will expire on Dec. 31, 2021. ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ The original 1915 Lakeshore Addition lots 80 & 81 were replatted in 1998 to create Lot 80A and ____________________________________________________________________________ remainder lot 81. As a result, 1/2 acre of slough is now on Lot 80A, or the subject property. The ____________________________________________________________________________ septic drainfield also triggers a 25' setback which is located in the middle of the lot. In addition, ____________________________________________________________________________ a drainage easement is between 80'-100' in width and overlays into 75' setback, futher ____________________________________________________________________________ restricting use of the property as no development is allowed in the easement. b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ Man-made sloughs are unique in this area and where they exist they create significant ____________________________________________________________________________ constraints on the property due to the interpretation by the City that the 75' setback applies to ____________________________________________________________________________ the slough as well as the natural shoreline. ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 0 / /20 | Page 5 of 8 D-3/4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: ____________________________________________________________________________ There will be no adverse impact on surrounding properties. Any proposed improvements will ____________________________________________________________________________ be in character with the neighborhhood. Improvements will comply with all Land Development ____________________________________________________________________________ Code requirements for preservation and revegetation of the slough area as required. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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: ____________________________________________________________________________ Not applicable. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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: ____________________________________________________________________________ Not applicable. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ Not applicable. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ Not applicable. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 0 / /20 | Page 6 of 8 D-3/5D-3/6Additional Space (continued) The current owner has been unable to make the desired improvements to the propery due to COVID issues, personal work issues, labor and construction supply issues. There has been no alteration of the existing improvements or conditions on the property since the prior B.O.A. variance was granted. D-3/7D-3/8 Pamela Madere (512) 236-2048 (Direct Dial) (512) 236-2002 (Direct Fax) October 25, 2021 Via Electronic Submittal Elaine Ramirez, Board of Adjustment Liaison City of Austin Board of Adjustment Development Services Department 6310 Wilhemina Delco Drive Austin, Texas 78752 Re: Board of Adjustment (B.O.A.) Variance Extension for 3201 Westlake Drive, Austin, TX. (the “Property”) to reduce the Lake Austin (“LA”) Shoreline Setback according to LDC Section 25-2-551(B)(1)(a), from 75’ to 25’ around an on-site, man-made slough previously granted under Case No. C15-2018-0047 Dear Board of Adjustment: On behalf of the Property owner, Same Team Properties LLC, I am submitting this request for an extension of the previously approved B.O.A. variance on the property which was initially granted on December 10, 2019. COVID has impacted labor, construction, supply and market issues. The owner has been unable to proceed with obtaining the necessary building permit(s) to keep the variance alive and, as a result, the variance will expire on December 31, 2021. This application includes the same information as was previously submitted, with the exception of a more current Property survey. Granting the extension of the variance will allow the owner to remodel the existing structure which was built prior to the 75’ LA setback requirement along the slough and currently encroaches into the setback, as well as construction of associated accessory structures on the Property. The hardship is due to the application of the 75’ shoreline setback not only along the shoreline, but along the man-made slough which together prevent construction on approximately 43% of the Property. This does not include area within a drainage easement and septic drainfield area which are also undevelopable. Thank you for your consideration. Sincerely, Pamela Madere J W | A U S T I N 100 Congress Avenue, Suite 1100 • Austin, Texas 78701 | www.jw.com | Member of GLOBALAW™ D-3/9D-3/10D-3/11D-3/12D-3/13MC BRINE R U STIC RIVER E K A L T S E W RIO R O B L E S T R A E H W O R C ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2018-0047 3201 Westlake Dr. 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 " = 306 ' 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-3/14D-3/15D-3/16D-3/17D-3/18D-3/19D-3/20D-3/21D-3/22D-3/23D-3/24D-3/25D-3/26