F-7 C15-2022-0018 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-9 DATE: Monday February 14, 2022 CASE NUMBER: C15-2022-0018 _______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) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jason McNair OWNER: Paul Smith ADDRESS: 54 ANTHONY STREET Section 25-2-492 (Site Development Regulations) from setback requirements to VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, a) decrease the minimum front yard setback from 25 feet (required) to 10.3 feet (requested) b) requirements from 4,000 square feet (required) to 3,380 square feet (requested) in order to erect a Single-Family residence with an attached garage in a “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Holly Neighborhood Plan) Section 25-2-943 (Substandard Lot) (B) (1) (a) to decrease the minimum Lot Size Note: 25-2-943 SUBSTANDARD LOT (B) A substandard lot may be used for a single- family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (1) A substandard lot recorded in the county real property records before March 14, 1946 must: (a) have an area of not less than 4,000 square feet; and (b) be not less than 33 feet wide at the street or at the building line, or have access to a street by an easement that is: (i) not less than ten feet wide if it serves one lot, or not less than 18 feet wide if it serves more than one lot; (ii) not more than 150 feet in length; and (iii) maintained for access by the property owner. F-7/1BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL) 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 Chair forF-7/2February 25, 2022 Jason McNair PO Box 161501 Austin TX, 78716 Re: C15-2022-0018 Property Description: N 70.3' OF LOT 16 BLK H OLT 60&61 DIV O DRIVING PARK ADDN Dear Jason, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Sections 25-2-492(D) and 25-2- 943(B)(1)(A). 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 F-7/3AUSTIN ENERGY One Texas Center | 505 Barton Springs Road Phone: (512) 974-2632, (512) 974-9112 Email: aebspaespa@austinenergy.com This project will require a Temporary Loop Design Required Building Service Planning Application (BSPA) This form to be used for review of Residential Building Permits only For use in DAC only Person Responsible for Request: ____________________________________________________ Email: __________________________________________________________________________ Project Address: ____________________________________________________________ –OR– Legal Description: ____________________________________ Lot: ________ Block: _______ Who is your electrical provider? AE Other: ______________________________________ Overhead Service Underground Service Single- Ø) Three-Phase (3Ø) Location of meter: ________________________________________________________________ Scope of work: ___________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________ ______________ BSPA Completed by (print name) Phone ______________________________________________________________ ______________ BSPA Completed by (signature) Date (Any change to the above information requires review and re-approval) AE Representative Use Only City of Austin | Austin Energy Building Service Planning Application (BSPA) 11/21/2019 F-7/4ET ET ET ET ET ET ET ALLEY (15' ROW) S 66°20'05" E 48.00' ET ET PROPERTY LINE 5' SETBACK 11' - 1" 26' - 8 1/2" 10' - 2 1/2" 10' - 2 1/2" 11' - 1" 37' - 7 7/8" 5' SETBACK PROPERTY LINE N 67°31'17" W 48.74' F-7/5BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0018 BOA DATE: February 14th, 2022 ADDRESS: 54 Anthony St OWNER: Paul Smith COUNCIL DISTRICT: 3 AGENT: Jason McNair ZONING: SF-3-NP (Holly) LEGAL DESCRIPTION: N 70.3' OF LOT 16 BLK H OLT 60&61 DIV O DRIVING PARK ADDN VARIANCE REQUEST: decrease the minimum front yard setback from 25 feet (required) to 10.3 feet (requested) and decrease the minimum Lot Size requirements from 4,000 square feet (required) to 3,380 square feet (requested). SUMMARY: erect Single-Family residence with attached garage ISSUES: small lot and alley with electrical easement ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition East Austin Conservancy East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town F-7/6February 8, 2022 Jason McNair 54 Anthony St Austin TX, 78702 Re: C15-2022-0018 Property Description: N 70.3' OF LOT 16 BLK H OLT 60&61 DIV O DRIVING PARK ADDN Dear Jason, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from City of Austin Land Development Code Sections 25-2-492 (D) - SF3 standard site development regulation of a 25 foot front yard setback and 25-2-943 (B) (1) (A) - substandard lot size requirment of 4,000 SF if recorded before March 15th, 1946. Austin Energy cannot approve the request until the applicant can show that any new proposed structures will be 15 feet away from any of Austin Energy Facilities, poles or lines or underground facilities as per Austin Energy’s Clearance & Safety Criteria. 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 (512) 322-6050 F-7/7CITY OF AUSTIN Development Services Department Permitting & Development Center Phone: 512.978.4000 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # C15-2022-0018 ROW # 12856266 Tax # 0200080209 Section 1: Applicant Statement Street Address: 54 Anthony Street, Austin Texas 78702 Subdivision Legal Description: N 70.3' OF LOT 16 BLK H OLT 60&61 DIV O DRIVING PARK ADDN Lot(s): N 70.3' OF LOT 16 _ Block(s): H _ Division: DRIVING PARK ADDN / SUB Outlot: OLT 60&61 Zoning District: SF3 - NP I/We Jason McNair authorized agent for Mr. Paul Smith on behalf of myself/ourselves as affirm that on Month January , Day 2 , Year 2022 , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: Type of Structure: Single family residence with attached garage F-7/8 Portion of the City of Austin Land Development Code applicant is seeking a variance from: 1 ) LCD 25-2-492 (D) – reduce SF3 standard site development regulation of a 25 foot front yard setback requirement to a 10.3 front yard setback. 2.) LCD 25-2-943 (B) (1) (A) – reduce substandard lot size requirement of 4,000 SF if recorded before March 15th, 1946 to 3,380 SF. _ ction 2: Variance Findings Se 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: Current SF3 site development / zoning regulations do not apply to this lot. This lot is considered to be a substandard lot / "small lot" per LCD 25-2-943, section (B) (1) (A) and per the survey stands at a total of 3,380 SF. This is probably one of the smallest lots existing in Austin. The owner is requesting to build a modest home for his family and only asking for leniency as far as the current SF3 lot size requirement and for a reasonable reduction of 15 feet from the standard front yard setback. additional square footage is undoubtably needed. In order to build a livable space for a single family, the Hardship a) The hardship for which the variance is requested is unique to the property in that: This substandard lot has always been used as single family residence as of the early 1940 where the same house, which was built in the 1940s, is still existing. This particular lot runs along a side alley on the north side of lot also which has a 15 foot electrical easement. Per current building requirements and the Austin Energy Criteria Manual, this reduces the buildable area by an approximate 720 SF. b) The hardship is not general to the area in which the property is located because: A majority of the lots in this neighborhood are at or above minimum lot sizes per COA LDC. There are only a few small lots in the Holly Neighborhood plan that exist today. The neighborhhood plan allows for these In addition, not all lots have a 3 phase utility line that runs along the side of the entire property which also adds to the hardship not being general to the area but to this particular property. F-7/9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: The front yard setback reduction from 25 feet reduced to 10 feet request would grant only the square footage allowed for a single family house built on a small lot which is allowed within the Holly Neighborhood Plan. The owners new construction plans seek to maximize the lots use of living and little personal yard space would not impaire the use of adjacent properties nor limit the purposes of the regulations as it will be used for a modest East Austin single family home. 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 F-7/10Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: Date: 01/02/2022 Applicant Name (typed or printed): Jason McNair - McNair Consulting Applicant Mailing Address: PO BOX 161501 City: Austin State: TX Zip: 78716 Phone (will be public information): (206) 354-7571 Email (optional – will be public information): Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Date: 01/02/2022 Owner Signature: Owner Name (typed or printed): Paul Smith Owner Mailing Address: 700 Rio Grande City: Austin State: TX Zip: 78701 Phone (will be public information): - Email (optional – will be public information): n/a Section 5: Agent Information Agent Name: SAME AS APPLICANT INFORMATION Agent Mailing Address: City: Phone (will be public information): Email (optional – will be public information): Section 6: Additional Space (if applicable) State: Zip: Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). n/a F-7/11- 608 Crestland LLC F-7/12+492 'o~so +493 tn ~ "C en (.:) <: / 3C "C L.;J en ~ w " o, " ow o, og t.; ·g N;r, ·.z z N 0.6·,· - TREE LEGEND TAG # TREE TYPE TREE # DiAMETER OF TREE/INCHES lL9i PECAN 492 PECAN 493 PECAN 1 1 1 I I 18'" 20' i8'" BMI ''6" SET ON TOP OF CONCRETE CURB± 78.8 FT FROM THE (ASSUMED) NORTHEAST PROPERTY CORNER. ELEV 70000' 8M2 "o" SET 0/11 TOP OF CONCF!ETE CURB± 17 3 FT FROM THE SOUTHEAST PROPERTY CORNER. ELEV 107 74 LEGEND lPx): LIGHT POLE -ET- OVERHEAD ELEC. /TELE. UNE -+ CHAIN LINK FENCE EM C ELECTRIC METER IRF o 1 /2'. !RON ROD FOUNC !RFCe 1 /2" iRON ROD <"OUND W/CAP STAMPED 'PREMIER SURVEYING" Ar;;gy ~.IJ..LI.IJ. !15' ROW) . . , 1505' • iR!="" 1 j f\1 3. "F v--- ,z 14 44 - i I ---'""· "l ~·2o's" s 6 7"00 0" E .. :2: 0 ; / i c- - !R, C ----+100.50 1 ,,./ \ "' r I "' 1 . ' \ ET i I (J) t<). ·"' o"' 1'-~ g - ·- '" WOOD BLDG. ON GROUND N '" 18.0 I 1 ' / / ~ 1 / ' / i ' I { : _+_49~~NO.RTH PARf OF LOT 16 ,, ,, o.2· ./I - .•, mo~~" 3, 380 SQ. FT. V//h/l 20 E!;< _......,.-(\ • 11.15' ET ET ~ ! i H ! ! I J ! }i B,~, '1_·r ~~~-~ r! !1'-1" i ! , 1 NZ2"49'47'E 14.85' ~ I ~ ' ' ,,, 1oo.5o~ \ ! . ( I ! I : l. ~ I· !m in it'1 ~~g · ·'-' , q,s o o. 0 ' " \ I LOT 1·5, " 2 SINGLE STORY WOOD FRAME WOOD SOlOING (ON PIERS) " ii 0<: u .. ~ 0 0 0 ~ 24.3 11.60' - - - - - - - - - - - - - -1 01 .50 1'1 ~- I I ~l f. L 11 I' II i' ~ I "-'_..... I ' I II I i l lj ~ ~ es fi I· jl It '4 li /r 1.~, I' II II I' 1'1 I I ~ 0 "' 0 <J) ~ ~ ~ ~ 0 . '§. \ I \ ':1 Y! II I I ALEX H. MARTINEZ DOC. NO. 2008176678 (CALLED N 1/2 OF LOT 16) 3 b I() ,..; N I o_g· 0.7' tiiRFC I N 67'00'00" W N 67"31'17" W _ - - 10 2 . 00 - - - - - - - - - - - 48.00' (RECORD TYP.) 48.74' (ACTUAL TYP.) MARTHA E. TERREL DOC. NO. 2010097803 SOUTH 1/2 OF LOT 16 \ ( BM2il < 'o<oo~ \~11 \ _...,._.....'- 11 A Title Commitment Nos NOT furnished to the Surveyor. The only Easements shown hereon are per Plat. The Surveyor does not assume any Liability for existence of any easements and/or restrictions encumbered to the Property. ** 3,380 SQUARE FEET OF LAND, MORE OR LESS, OUT OF THE NORTH PART OF LOT 16 (FIELD NOTES ATTACHED) PLAT OF SURVEY SCALE: 1" 70' GF ---------------------------------- All corners are 1 /2~inch iron rod found unless otherwise :~oted. To the iien hoiders and/or *** SCALED FROM TAX MAP * 2% CHANCE OF ANNUAL FLOOD HAZARD Survey No. _2_1_3-=-3-=-3 __ _ Said lot Is in Zone _}{_!__ as identified by the Federa! Emergency Management Agency on Community Panel No. ,--;4~8:;-4;::5:;..;::,3..::C:........:0::....:.4::::6..::5::_K;._ ____________ _ Doted: JAN. 22, 2020 LOT NO. '"* BLOCK NO "j--f'' ADDITION OR SUBDIVISION DRIVING PARK ADDITION, STREET ADDRESS 54 ANTI-fONY STREET SURVEY FOR TWELVE RIVERS REALTY TO: __________________________________________________________________________________________________ _ COUNTY .:.T.:..:R.:_A:...:V,..:..:l~:::.c ______ _ REFERENCE ALEX H. MARTINEZ BOOK 2, PAGE 206, PLAT RECORDS CITY A US TIN STATE OF TEXAS, COUNTY OF TRAVIS ! HEREBY CERTIFY THAT THE ABOVE SURVEY WAS MADE THIS DAY ON THE GROUND AND IS TRUE AND CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS. SHORTAGES IN AREA. ENCROACHMENTS, VISIBLE UTIUTY UNES OR ROADS IN PLACE EXCEPT AS SHOWN HEREON AND SAID PROPERTY HAS ACCESS TO A DEDICATED ROADWAY, EXCEPT AS SHOWN HEREON. SNS ENGINEERING, INC. 12885 US Highway 183 North, Suite 101-B Austin, Texas 78750 (512) 335-3944 * (512) 250-8685 (Fax) JM 705/61. DC Date: 11-01-2027 ~i/g~ F-7/1354 ANTHONY STREET, AUSTIN TX 78702 PROPERTY PROFILE REPORTS & MAPS F-7/14CAPITAL VIEW & FESTIVAL BEACH CORRIDOR OVERLAY F-7/15RECORDED SUBDIVISION - 1910 F-7/16CURRENT BOA, BUILDING PERMIT & DEMO IN REVIEW F-7/17F-7/18F-7/19F-7/20F-7/21F-7/22F-7/23F-7/24F-7/25F-7/26F-7/27F-7/28F-7/29F-7/30F-7/31F-7/32F-7/33F-7/34F-7/35F-7/36F-7/37F-7/38F-7/39F-7/40City of Austin - Board of Adjustments c/o Elaine Ramirez POB 1088 Austin, Texas 78767 SUBJECT: Case #C15-2022-0018, 54 Anthony Street, Austin Texas 78702 I am writing in support of the variances for the owner of 54 Anthony, Austin Texas 78702 located in the Holly Neighborhood. As a co-founder of the East Cesar Chavez Neighborhood Planning Team, I am very familiar with the dilemma suffered by owners of substandard lots. Unfortunately, because of some self-proclaimed leaders in the Holly Planning Area who do not believe in the value of diversity being an asset, the City Council never accepted a formal Neighborhood Plan nor recognized a legitimate Planning Team despite heroic efforts by city staff, local businesses, diverse residents, congregations or civic groups within the planning boundary. I attended many Holly Planning meetings and helped with outreach efforts to ensure that all voices in the neighborhood had a seat at the table. In fact, city staff tried to mediate the conflicts between members of El Concilio and the East Town Lake Citizens and the rest of the honest folks who wanted to have a Neighborhood Plan and adopt land use regulations like small lot amnesty and prevailing setbacks like we did in the East Cesar Chavez Neighborhood Plan. I knew the Dominguez family that lived at 54 Anthony for decades through my work with Summer Youth Employment and Community Education programs at Martin Middle School as an AISD project specialist up until 2000. Their tiny home, which I visited several times, was always at risk of being declared uninhabitable and my drive-by last week confirmed the condition of the tiny home has deteriorated even more. And there’s a heritage tree that further restricts building a new home. I believe that unless these variances are granted, we’ll all suffer from another vacant lot in the Holly Neighborhood because it’s just not financially feasible to build a home with the current setbacks and required lot size. Or worse yet, the land will flip several times and future owners will expend their time, talent and treasure coming before your Board. Please allow the new owner to create a new home in Holly. We need more neighbors! Be a part of the solution of our housing crisis, not part of the problem. There are hundreds of these tiny homes on tiny lots that are grandfathered but unable to be restored or rebuilt. Most don’t have driveways and face major north-south streets like Waller, Chalmers, Comal, Chicon, Anthony, and more. Please don’t hesitate to contact me at home at 512.478.6770 if you need to confirm my support. On behalf of all the owners of tiny homes on tiny lots on the eastside, I remain, . . . Forever optimistic, Lori Renteria Tejano Healthy Walking Trails, Coordinator and Trail Guide Austin-Saltillo Sister Cities, Education Committee Chair Home: 512-478-6770 (no texts) F-7/41From: To: Subject: Date: Charley Dorsaneo Ramirez, Elaine C15-2022-0018 Tuesday, February 08, 2022 7:30:43 PM *** External Email - Exercise Caution *** CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. F-7/42