E-1 C15-2021-0097 ADV PACKET

Board of Adjustment – Jan. 10, 2022

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0097 _______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: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). 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); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to December 13, 2021; Board Member Thomas E-1/1Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021; Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 BY APPLICANT 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: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-1/2CITY OF AUSTIN Board of Adjustment Decision Sheet E-6 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0097 __Y_____Thomas Ates __Y_____Brooke Bailey __Y_____Jessica Cohen __Y_____Melissa Hawthorne __Y_____Barbara Mcarthur __Y_____Rahm McDaniel __Y_____Darryl Pruett __Y_____Agustina Rodriguez __Y_____Richard Smith __-_____Michael Von Ohlen (out) __-_____Nicholl Wade (out) __Y____Kelly Blume (Alternate) __Y_____Carrie Waller (Alternate) __-_____Vacant (Alternate) APPLICANT: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). 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); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to December 13, 2021; Board Member Thomas Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021. FINDING: E-1/31. 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: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair E-1/4Ramirez, Elaine From: To: Cc: Subject: Date: Attachments: Ramirez, Diana RE: REMINDER: Mon. Dec. 13, 2021 BOA Advanced Packet deadline Friday, November 19, 2021 8:06:00 AM image001.png image002.png Thanks for the e-mail Nathan, I have postponement request for C15-2021-0097 / 4315 Avenue A to the Jan. 10, 2022 BOA mtg. 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 From: Nathan Hobbs Sent: Thursday, November 18, 2021 2:13 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: REMINDER: Mon. Dec. 13, 2021 BOA Advanced Packet deadline Lets postpone, I did not have enough te to get the land status. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Thursday, November 18, 2021 10:33:32 AM To: Nathan Hobbs < Subject: RE: REMINDER: Mon. Dec. 13, 2021 BOA Advanced Packet deadline Hi Nathan, You stated in your e-mail that you are requesting Postponement. Are you requesting a Postponement or are you wanting to Withdraw your case? Either way a refund will not be issued as this has already been worked on by all City Depts. involved, Notices sent out and gone before the BOA Board. There 3 different terms for variances: E-1/5“Pulled” – This is when a case has been submitted but Notices have not yet been sent out (no addtl. fee involved with this one), meaning you can remove the case from a BOA mtg. date as many times as you want to a future BOA mtg. date without a fee charge. You can also modify the application as many times as you want without a fee charge as long as the Notice has not been sent out. “Postpone” – This is when a case has been submitted, Notices sent out (fee will incur, if Notice has to be re-sent and/or if postponed for more than 60 days out), an applicant can ONLY request one postponement. (Paid fee is non-refundable) “Withdraw” – This is when an applicant, agent, and/or owner decides they want to completely remove the case and no longer proceed with the variance request thru the Board. (Paid fee is non- refundable unless withdrawn within a day or two from original application submittal deadline) 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 From: Nathan Hobbs [ Sent: Thursday, November 18, 2021 10:11 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: REMINDER: Mon. Dec. 13, 2021 BOA Advanced Packet deadline I am very confused. Eric, said if I get the land status I will not need a variance. Which I would request a refund. Not really sure what to do here? Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Thursday, November 18, 2021 8:46:51 AM To: Nathan Hobbs < E-1/6Subject: RE: REMINDER: Mon. Dec. 13, 2021 BOA Advanced Packet deadline Hi Nathan, Will you be postponing to the Jan. 10 BOA mtg? If you will be postponing the case for more than 60 days then a fee of $302.64 will incur. If you wish to pull to a future date, please let me know which date from the BOA mtg. schedule below? BOA Mtg. Schedule 2022 (BOA meets on the 2nd Monday of the Month) Jan. 10 City Hall – 301 W. 2nd St - Council Chambers / Rm. 1001 Feb. 14 City Hall – 301 W. 2nd St - Council Chambers / Rm. 1001 Mar. 14 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Apr. 11 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 May 9 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Jun. 13 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Jul. 11 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Aug. 8 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Sept. 12 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Oct. 10 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Nov. 14 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 Dec. 12 Permitting and Development Center – 6310 Wilhelmina Delco Dr - Event Center / Rm. 1405 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. E-1/7Please 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 From: Nathan Hobbs [ Sent: Wednesday, November 17, 2021 4:04 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: RE: REMINDER: Mon. Dec. 13, 2021 BOA Advanced Packet deadline *** External Email - Exercise Caution *** Elaine, after speaking with Eric I believe I need to postpone until I receive the land status determination? Thank you, Nathan Hobbs From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Wednesday, November 17, 2021 7:25 AM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: REMINDER: Mon. Dec. 13, 2021 BOA Advanced Packet deadline Importance: High Good morning Applicants on the Mon. December 13th, 2021 BOA mtg. Agenda, Please read this entire e-mail The deadline to submit information for the Advanced Packet (must be submitted in PDF format) is Friday, November 19th, before 3p.m. Advanced Packet: You have until Friday, November 19th, before 3p.m. to submit any maps, surveys, drawings, photos and any additional documentation, (including the Special Exception Inspection Report if you applied for a Special Exception, if REPORT not included this case will have to be Postponed) you want included as part of your Advanced Packet for your BOA variance case [do not include already submitted application + survey], this is not your Presentation. The Advanced Packet will need to be submitted to me via e-mail in PDF format. E-1/8CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0097 _______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: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). 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: E-1/91. 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: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-1/10October 5, 2021 Nathan Hobbs 4315 Avenue A Austin TX, 78751 Re: C15-2021-0097 Property Description: W 76FT OF LOT 1-3 BLK 11 HYDE PARK ADDN NO 1 Dear Nathan, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-947 & 25-2-942 in order to build an addition onto single-family home. 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-1/11BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0097 BOA DATE: October 11th, 2021 ADDRESS: 4315 Avenue A OWNER: Gary J. Hobbs COUNCIL DISTRICT: 9 AGENT: Nathan Hobbs ZONING: SF-3-NCCD-NP (Hyde Park NCCD) LEGAL DESCRIPTION: W 76FT OF LOT 1-3 BLK 11 HYDE PARK ADDN NO 1 VARIANCE REQUEST: decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and increase the improvement value from 20% (allowed) to 60% (requested) SUMMARY: complete a remodel and addition ISSUES: lot configuration, location of heritage trees, unhabitable home Site North South East West ZONING SF-3-NCCD-NP SF-3-NCCD-NP; MF-3- NCCD-NP SF-3-NCCD-NP; MF-4- NCCD-NP MF-4-NCCD-NP MF-4-NCCD-NP LAND USES Single-Family Single-Family; Multi-Family Single-Family; Multi-Family Multi-Family Multi-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team My Guadalupe Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group E-1/12! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0097 4315 AVENUE A 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. E-1/13E-1/14E-1/15E-1/16E-1/17E-1/18E-1/19E-1/20E-1/21E-1/22E-1/23E-1/24E-1/25E-1/26E-1/27E-1/28E-1/29E-1/30E-1/31E-1/32E-1/33E-1/34E-1/35E-1/36E-1/37E-1/38E-1/39E-1/40E-1/41E-1/42E-1/43E-1/44E-1/45E-1/46E-1/47E-1/48