E-1 C15-2022-0042 ADV PACKET — original pdf
Backup
BOA GENERAL REVIEW COVERSHEET Interpretation Appeal CASE: C15-2022-0042 BOA DATE: May 9th, 2022 ADDRESS: 2212 Trailside Dr OWNER: Valentin Bohorov COUNCIL DISTRICT: 5 AGENT: Felicia Foster ZONING: SF-3 LEGAL DESCRIPTION: LOT 14 BLK 1 BARTON HOLLOW VARIANCE REQUEST: The primary basis of the appeal is calculation of gross floor area for a “habitable attic” under the Land Development Code, in particular, requirements in Section 3.3 of Subchapter F. The appellant contends that staff incorrectly applies provisions related to the calculation of ceiling height for exempt space as applied to a two-story residence SUMMARY: since the finished ceiling is at 7 feet then it should be exempted. ISSUES: the interpretation has been consistently applied until this project ZONING LAND USES SF-3 Site North MF-3 SF-3 South SF-3 East SF-3 West Single-Family Multi-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Barton Hills-Horseshoe Bend (Barton Hills NA) Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group South Central Coalition TNR BCP – Travis County Natural Resources E-1/1 B A R T O N H I L L S H O L L O W C R E E K S P R I N G C R E E K B R I A R G R O V E T R A I L S I D E CLIFFSID E N O T R O M E Z A I M E L RID G E D R O F R U B A S H B Y B B A R N O R R I S N O R R I S ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0042 2212 TRAILSIDE 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 " = 250 ' 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-1/2 E-1/3 E-1/4 E-1/5 E-1/6 E-1/7 IMPERVIOUS COVER NAME AREA IC BUILDING FOOTPRINT DRIVEWAY ENTRY STEPS POOL COPING AC PAD POOL EQUIPMENT TOTAL IC 2,872 SF 328 SF 45 SF 68 SF 24 SF 20 SF 3,358 SF 38.31% 4.38% 0.60% 0.91% 0.32% 0.27% 44.79% 3' - 1" TENT THREE 40' - 0" TENT TWO (S 15°20' E 104.00') 40' - 0" TENT ONE ) ' 0 1 . 1 7 E ' 2 4 ° 7 7 N ( 7' 2 5 T C T E 0' 3 5 ' 9 2 5 5' 0 5 508' 510' 504' 506' 7' 0 5 1' 1 9' 5 0 5 4' 1 5 ' 517' 519' 512' 515' 518' 521' 1 9 . 0 7 E " 0 5 0 4 ° 5 7 N ' 522' 513' 516' 14' - 0" 3' - 0" 10' - 0 1/4" 0' 2 5 ' 3 2 5 ' 5 2 5 ' 3 0 5 " 0 - ' 6 " 5 - ' 9 1 " 0 - ' 2 2 " 4 / 3 4 - ' 3 2 22' - 10" 56' - 0" 7' 52 528' " 0 - ' 5 " 0 - ' 5 (N 15°20' W 107.75') " 0 - ' 6 " 6 - ' 8 5 " 4 / 3 3 - ' 6 I E N L G N D L U B I I ' 5 2 " 0 - ' 3 " 0 - ' 3 " 4 - ' 4 " 0 - ' 3 " 0 - ' 3 R 1 0 ' - 0 " 9' 2 5 R 5 ' - 0 " 25' - 2" ' 0 3 5 " 0 - ' 2 1 ' . 1 8 0 7 W ' " 6 5 8 3 ° 2 7 S . ) ' 0 0 1 7 W 0 4 ° 4 7 S ( ' I E V R D E D S L A R T I I ) . W O R . ' 0 5 ( ' 0 3 5 " 0 - ' 0 1 ' 1 3 5 r k e e c d a o r B e c n e d i s e R m o t s u C . r D e d i s l i a r T 2 1 2 2 4 0 7 8 7 X T , n i t s u A D B P C , A A I . c o s s A , l a p c n i i r P , r e t s o F a c i i l e F 6 2 4 4 . . 7 3 6 2 1 5 . m o c n g i s e d m o t s u c n o r r a b . m o c n g i s e d m o t s u c n o r r a b @ o f n i N O I T C U R T S N O C R O F T O N M P 6 0 : 0 2 : 2 1 2 0 2 / 5 / 1 1 E-1/8 E-1/9 E-1/10 E-1/11 E-1/12 E-1/13 E-1/14 E-1/15 Advanced Packet 2212 Trailside‐ BCD We believe 2212 Trailside as designed with the br4/office habitable attic area wedged into a space that would typically be a non‐habitable attic meets the GFA exemption and the staff application of 3.3.4 is incorrect because 1. it does not have any external walls (3.3.4.a) 2. 100% of the proposed exempted space has a ceiling height of less than 7’ (3.3.4.b‐ measured to the bottom of the horizontal member of the roof truss refers to height and not ceiling height) therefore we have satisfied the ratio requirement The GFA Exemption Pathway under discussion 3.3.4 Does Not Apply to this situation. You can exempt GFA from McMansion via 3 pathways: 3.3.2 for Parking Areas 3.3.3 for Porches Basements & Attics 3.3.4 for areas < 5’ in height This approach is using 3.3.3(C) for the Habitable Attic. 3.3.3(C) has 6 criteria to qualify as a habitable attic exemption 1) roof is >= 3:12 & not mansard 2) Fully contained within the roof structure 3) It has only 1 floor 4) It does not extend beyond footprint of floors below 5) It is the highest habitable portion of this section of the building & adds no mass to structure 6) 50% or more of the area has a CEILING HEIGHT of seven feet or less CEILING HEIGHT CEILING HEIGHT are the key words for this exclusion and it is important to understand the full context…. The city of Austin has adopted the 2021 IRC ▪ floor to the finished ceiling” R202 defines CEILING HEIGHT as “The clear vertical distance from the finished Page 1 of 12 E-1/16 Advanced Packet 2212 Trailside‐ BCD ▪ the IRC definition is what stands “Ceiling Height” is not defined under 25‐1‐21 nor under Subchapter F and thus, The case of mistaken identity (3.3.4’s Height is not the same as 3.3.3’s CEILING HEIGHT) For years, and continuing on to this day, the wording of an entirely separate and distinct GFA exemption has tripped up anyone who has tried to read or understand Austin’s inordinately confusing code. 3.3.4 has a very specific intent. It allows you to exempt spaces with a HEIGHT (not the same as CEILING HEIGHT) of 5’ or less. 3.3.4. A. B. 1. 2. An enclosed area shall be excluded from the calculation of gross floor area if it is five feet or less in height. For purposes of this subsection: Area is measured on the outside surface of the exterior walls; and Height is measured from the finished floor elevation, up to either: the underside of the roof rafters; or the bottom of the top chord of the roof truss, but not to collar ties, ceiling joists, or any type of furred‐down ceiling. This project is not trying to claim the 3.3.4 exemption. That could/should be the end of the story except for folks getting tripped up on the wording in 3.3.4 that says…”Height is measured from the finished floor elevation, up to either (1) the underside of the roof rafters or (2) the bottom of the top chord of the roof truss, but not to collar ties, ceiling joists, or any type of furred‐down ceiling. The main intent of 3.3.4 is to change the the GFA exclusion height definition from 25‐1‐21 (46) for GFA. ▪ 25‐1‐21(46) defines GFA as anything with a clear height of 6 ’or more ▪ 5 ’in height or more. 3.3.4 is in place to change what is captured under GFA to anything greater than ◦ 3.3.4(B) further elaborates on how one measures this to stop folks circumventing GFA calculations by artificially furring down a ceiling to below 5 ’so it doesn’t count for McMansion GFA. That is it. • ◦ 3.3.3 also has a very specific intent that is completely independent of 3.3.4 The intent of 3.3.3(C) provides the pathway to exclude habitable attics. Page 2 of 12 E-1/17 Advanced Packet 2212 Trailside‐ BCD ◦ 3.3.3 is specific to "ceiling height" ◦ calculation of gross floor area if it is five feet or less in height” Please read 3.3.4 again ‐ it states "An enclosed area shall be excluded from the ▪ There is no mention of "ceiling height." ▪ 5 ’or less in height and whether it should or should not be included in GFA calculations. 3.3.4 deals with enclosed areas defines how to determine if an enclosed area is ◦ ceiling height of seven feet or less.” Please read 3.3.3(C)(6) again ‐ it states "Fifty percent or more of the area has a "Ceiling height" are the key words 3.3.4 makes no mention of "ceiling height” and does not provide a definition for 3.3.4 only defines “height” as it relates to calculating GFA that is 5 ’or less in it. ▪ height ▪ ▪ ◦ Further, one can then begin to question the previous BOA interpretation on Attic Exemptions where anything less than 5’ in ceiling height is excluded from the averaging calculations. Here, the BOA incorrectly applied the 3.3.4 definition of Height when in fact 3.3.3’s calculation criteria is specifically related to CEILING HEIGHT. ◦ satisfying 3.3.3(C)(1‐5) then that is all you need. 3.3.4 is not relevant If one can show 50% of area has a CEILING HEIGHT of 7’ or less (while also ◦ If you are applying for the 3.3.4 exemption, it is an entirely separate exercise, with an entirely different set of rules to qualify and is based on a very specific Height definition that is not the same as CEILING HEIGHT. In Susan Barr’s own words from an email from April 15, 2021 she very clearly makes a ◦ distinction between “ceiling height” and “height” and further elaborates in this email that “ceiling height” is not measured to the underside of the top chord of a truss, but is in fact measured to the underside of the bottom chord of a truss, which is what actually defines “ceiling height” ◦ Susan Barr’s email was specific to Case# 2021‐010924 PR regarding how to appropriately measure "ceiling height" under a roof trussed structure ‐ measure under the bottom of the top chord? Or measure under the bottom of the bottom chord. Susan’s email concurred that it is measured to the underside of the bottom chord, which is not the same definition under 3.3.4 (appropriately so I might add) Page 3 of 12 E-1/18 Advanced Packet 2212 Trailside‐ BCD ◦ Susan Barr’s email further supports the arguments laid out here as she rightly points out that furring down the roof structure would potentially trigger the 3.3.4 rules regarding the applicability of enclosed areas less than 5 ’high. ◦ The copy of Susan’s email is attached: On Apr 15, 2021, at 3:00 PM, Barr, Susan <Susan.Barr@austintexas.gov> wrote: Thank you for sending the email correspondence below. From yesterday’s meeting, two items were outstanding: dormer bearing on exterior wall and height measurement for attics. In reviewing the 2015 BOA determination re. dormers, the board did determine that a dormer just needs to be within the horizontal area of the roof and not framed into the plane of the roof – meaning that it can bear on the exterior wall. However, so that 3rd floor attic walls are not created, the roof needs to wrap the bottom of the dormer. In regards to measuring height for an attic exemption, the BCM clearly calls out ceiling height for attic exemption though the BOA determine just says height. With the BCM noting ceiling height, we go with ceiling height but keep in mind that furring down from the roof structure would not meet code. xxxx Best Regards, Susan Page 4 of 12 E-1/19 Advanced Packet 2212 Trailside‐ BCD 2212 Trailside Note the Tent Location‐ there is no portion of the right side of the structure that penetrates the tent or even comes close. Floor plan as initially submitted: 100% of the shaded area has a max ceiling height of 7 ’due to the egress skylights need framing support from above to carry the load spanning the opening. The truss is part of the structural system of the roof and no portion of it would be removable or open to below. Page 5 of 12 E-1/20 Advanced Packet 2212 Trailside‐ BCD The truss would allow the ductwork from the mechanical above to provide hvac to the area. The 7’ measurement is to the Ceiling Height of the room Based on conversation with Susan Barr she recommended that the roof over the exempted space be separated from the main roof creating a ridge. Page 6 of 12 E-1/21 Advanced Packet 2212 Trailside‐ BCD Page 7 of 12 E-1/22 Advanced Packet 2212 Trailside‐ BCD Building Criteria Manual: 4.4.5.2 Attic Exemptions: Sufficient exhibits must be submitted within the plan set demonstrating compliance with Board of Adjustment decisions and Title 25‐2 Subchapter F. The following minimum items are required for review of exempted attics: 1) 2) 3) 4) The building elevations must clearly depict (and label) the slope of the roof(s) for the habitable attic area along with depicting that acceptable construction for a habitable attic is being followed. Provide a separate roof plan within your architectural plan set with all roof slopes identified (labeled) on it. The floor plans and building elevations must depict that the habitable attic is contained with the roof structure and does not extend beyond the footprint of the floors below. A separate floor plan and a section view of the habitable attic must be submitted depicting compliance with the Board of Adjustment interpretation from January 9, 2012 (C15‐2011‐0110) regarding: "As measured in accordance with Subsection 3.3.4, fifty‐percent (50%) or more of the exempted portion of an attic must have a height of less than 7 feet, but more than 5 feet." Both exhibits (floor plan and section view) shall depict the attic areas that are: 1) less than 5 feet of ceiling height, 2) between 5 feet and just less than 7 feet of ceiling height, and 3) 7 feet and greater in the ceiling height. In addition, a tabular calculation based on the exhibits must be included demonstrating a valid ratio (expressed in sf or %) for a habitable attic exemption (i.e. the area with ceiling heights between 5' and less than 7' is greater than the area with ceiling heights 7' and greater). 3.3.4 is specific to areas that are 5 ’or less regarding the measurement‐ the BOA interpretation does not mention when 100% of the space is 7 ’and below. The BOA interpretation DOES specify that the rooms are to be used for human occupation. This implies that they need to meet IRC regarding room size and configuration. Page 8 of 12 E-1/23 Advanced Packet 2212 Trailside‐ BCD BOA Interpretation C15‐2011‐0110 from 2012 Page 9 of 12 E-1/24 Advanced Packet 2212 Trailside‐ BCD Page 10 of 12 E-1/25 Advanced Packet 2212 Trailside‐ BCD Page 11 of 12 E-1/26 Advanced Packet 2212 Trailside‐ BCD Page 12 of 12 E-1/27