E-7 C15-2022-0014 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-7 DATE: Monday February 14, 2022 CASE NUMBER: C15-2022-0014 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) APPLICANT: James Smith OWNER: Scott McElwain ADDRESS: 1208 HOLLY ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 25 feet (required) to 18 feet 2 ½ inches (requested) in order to erect a Single-Family residence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan) BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to approve with a condition no STR-Short-term rental in ADU; Board Member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH A CONDITION NO STR-SHORT-TERM RENTAL IN ADU. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the majority of structures facing Holly St are closer than the required 25’ setback per LDC Section 25-2-492, the use of setback averaging in this case yields equal to the 25’ setback, due to the through-lot nature of the property, LDC Section 25-2-492 establishes greater building setbacks. 2. (a) The hardship for which the variance is requested is unique to the property in that: 1208 Holly St is a through-lot, the property has frontage on Holly St and on Taylor St triggering a 25’ setback on both the front and rear of the lot, the project intends to preserve the existing structure and protected size tree located at the rear of the property in order to retain the area’s character on Taylor St (b) The hardship is not general to the area in which the property is located because: The majority of surrounding lots are through lots and make use of multiple dwelling units on a single lot. 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: Proposed development will not alter the area character as it will have 2 dwelling units on through lot, similar to the majority of the surrounding lots. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Jessica Cohen Chair for