E-5 C15-2022-0019 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet F-8 DATE: Monday March 14, 2022 CASE NUMBER: C15-2022-0019 _______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) OWNER/APPLICANT: Andrew Ryan Thompson ADDRESS: 607 E 49TH ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, a) second story (maximum allowed), to 864 square feet (requested) b) Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 45.7% (requested) in order to remodel an existing detached Two-Family residential structure in an “SF-3-NCCD-NP”, Single-Family Residence-Neighborhood Conservation Combining District Neighborhood Plan zoning district. (North Hyde Park NCCD Neighborhood Plan) Note: Per LDC 25-2-774 TWO FAMILY RESIDENTIAL USE (C) The second dwelling unit: (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. Per Subchapter F: The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured using gross floor area Section 25-2-774 (Two-Family Residential Use) (C) (5) (b) from 550 square feet on the Subchapter F: Residential Design and Compatibility Standards, Article 2, Development E-5/1as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of Section 25-1-22 (Measurements). BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); MARCH 14, 2022 POSTPONED TO APRIL 11, 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 E-5/2CITY OF AUSTIN Board of Adjustment Decision Sheet E-10 DATE: Monday February 14, 2022 CASE NUMBER: C15-2022-0019 _______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) OWNER/APPLICANT: Andrew Ryan Thompson ADDRESS: 607 E 49TH ST Section 25-2-774 (Two-Family Residential Use) (C) (5) (b) from 550 square feet on VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, a) the second story (maximum allowed), to 864 square feet (requested) b) Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 45.7% (requested) in order to remodel an existing detached Two-Family residential structure in an “SF-3-NCCD-NP”, Single-Family Residence- Neighborhood Conservation Combining District Neighborhood Plan zoning district. (North Hyde Park NCCD Neighborhood Plan) Note: Per LDC 25-2-774 TWO FAMILY RESIDENTIAL USE (C) The second dwelling unit: (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. Per Subchapter F: The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured E-5/3using gross floor area as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of Section 25-1-22 (Measurements). 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 forE-5/4March 14, 2022 Elaine Rameriz, for the Board of Adjustment Re: 607 E 49th St 78751 Dear Elaine, We have had to leave Austin to tend to my mother-in-law. As a result, we will not be able to attend the BoA meeting today. Please grant us a postponement until the next BoA meeting on April 11th. Thank you, and we look forward to presenting our information at that meeting. With my appreciation, Andrew Thompson 607 E 49th St 78751 Cell 512-952-8141 E-5/5February 22, 2022 Andrew Thompson 607 E 49th St Austin TX, 78751 Re: C15-2022-0019 Property Description: ABS 789 SUR 57 WALLACE J P ACR 0.2300 Dear Andrew, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC Section 25-2-774(C)(5)(b). 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 E-5/6BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0019 BOA DATE: February 14th, 2022 ADDRESS: 607 E 49th St OWNER: Andrew Ryan Thompson COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-NCCD-NP (North Hyde Park) LEGAL DESCRIPTION: ABS 789 SUR 57 WALLACE J P ACR 0.2300 VARIANCE REQUEST: 550 square feet on the second story (maximum allowed), to 864 square feet (requested) and increase the F.A.R from 40% (required) to 45.7% (requested) SUMMARY: remodel existing 2 story detached Two-Family residential structure ISSUES: permits were not pulled for existing structure ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-2-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-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 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 Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group E-5/7February 8, 2022 Andrew Thompson 607 E 49th St Austin TX, 78751 Property Description: Re: C15-2022-0019 Dear Andrew, 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 Section 25-2-774 (C)(5)(b) Two-Family residential use. 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 E-5/8C15-2022-0019 12856303 0220100546 E-5/9E-5/10E-5/11E-5/12E-5/13E-5/14From: To: Subject: Date: Cindy Black Ramirez, Elaine C15-2022-0019 neighbor feedback Wednesday, February 09, 2022 11:45:30 AM *** External Email - Exercise Caution *** Hi Elaine, I received a notice of variance letter for the property at 607 E 49th Street. Here is my submission: Name: Cindy Black: “I object" Address: 5109 Evans Ave, Austin, TX 78751 Signature: attached below Phone: 214-796-5637 Comments: The applicant states "The existing accessory unit was constructed in 2004 but not permitted by the builder or any previous owners” and that the hardship is "No permit issues when building it before current Austin building guidelines”. This existing house was built in 2018 with permit approval as a garage-forward, side-by-side duplex. No accessory building is noted on the record set. It appears on Google Maps as though a very large accessory building sits at the back of the property, but this building is not shown on the 2018 permit records. This indicates that the 2018 applicant was negligent in documenting the property. This is unfortunate for the new owner, but it doesn’t make sense that the non-conforming, non-permitted building should carry forward through another stage of development. I vote in objection, and request that the applicant figure out an alternative design that improves the property within zoning and historic district guidelines. 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. E-5/15E-5/16E-5/17From: To: Subject: Date: David Ramirez, Elaine C15-2022-0019 Monday, February 07, 2022 5:21:50 PM *** External Email - Exercise Caution *** Hi. We received a public hearing notice for case C15-2022-0019. I would like to comment that we are in *favor* of the requested variances. - David Orr 4509 Avenue F, Austin, TX 78751 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. E-5/18From: To: Subject: Date: Matt Desloge Ramirez, Elaine C15-2022-0019 Tuesday, February 08, 2022 9:37:46 AM *** 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. E-5/19E-5/20