Board of AdjustmentMay 9, 2022

H-2 C15-2022-0032 ADV PACKET — original pdf

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H-2/1 CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0032 _______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: David Cancialosi OWNER: Cody Stavig ADDRESS: 2904 RIVERCREST DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s): a) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 25 feet (requested) and b) 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height from 23 feet 8 inches (allowed) to 24 feet 1 inch (requested) in order to remodel an existing non-complying Single-Family residence in a “LA”, Lake Austin zoning district. Note: Land Development Code, Section 25-2-963 (E) A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if: (1) the increase is made to a portion of the building that: (b) complies with the yard setback requirements of this title. BOARD’S DECISION: BOA MEETING APRIL 11, 2022 POSTPONED TO MAY 9, 2022 DUE TO AE DENIAL H-2/2 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 for H-2/3 H-2/4 H-2/5 H-2/6 H-2/7 PERMIT PARTNERS 300 E Highland Mall Blvd.| Suite 207 | Austin, Texas 78752 Office: 512.593.5361 H-2/8 PERMIT PARTNERS 300 E Highland Mall Blvd.| Suite 207 | Austin, Texas 78752 Office: 512.593.5361 2 H-2/9 PERMIT PARTNERS 300 E Highland Mall Blvd.| Suite 207 | Austin, Texas 78752 Office: 512.593.5361 i 3 H-2/10 H-2/11 April 8, 2022 Ashley Knight 2904 Rivercrest Dr Austin TX, 78746 Re: C15-2022-0032 Dear Ashley, Property Description: LOT 15 BLK A RIVERCREST ADDN SEC 1 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’s Land Development Code Section 25-2-492(D) to reduce the required building setback from 40’ to existing 25’, and Section 25-2-963(E)(1)(b) to modify a non-complying structure’s height. Austin Energy does not oppose the first request to reduce the building setback to its existing state of 25’, 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. As has been discussed with the applicant, Austin Energy cannot approve the second variance request to modify the existing structure’s height until applicant has resolved issues related to existing electric facilities at this site not adhering to Austin Energy’s Design Criteria. Please contact electric designer Jim Rowin at James.Rowin@austinenergy.com to resolve. 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 H-2/12 H-2/13 H-2/14 H-2/15 H-2/16 H-2/17 H-2/18 H-2/19 H-2/20 H-2/21 H-2/22 H-2/23 H-2/24 H-2/25 H-2/26 H-2/27 H-2/28 H-2/29 H-2/30 H-2/31 H-2/32 H-2/33 H-2/34 H-2/35 H-2/36 H-2/37 H-2/38 H-2/39 H-2/40 H-2/41 H-2/42 H-2/43 H-2/44 H-2/45 H-2/46 H-2/47 H-2/48 H-2/49 H-2/50 H-2/51 H-2/52 H-2/53 Please accept this letter as confirmation of our support for the Stavig's request. We appreciate their consideration for Lake Austin regulations and overall reduction in impervious coverage. Their request has no impact on our 3 properties (3401 Rivercrest, 3405 Rivercrest and 3707 Rivercrest) and will have an overall positive impact on the street. Ashley Knight From: Sent: To: Cc: Subject: Christen S. Steen <c Sunday, April 3, 2022 7:08 AM david cancialosi; Ashley Knight Kasey Jaegers Re: letter of support request for rivercrest variance > To Whom it may concern, RE: Case # C15-2022-0032 CHRISTEN and STEVEN STEEN From: david cancialosi Sent: Friday, April 1, 2022 2:17 PM To: Ashley Knight <a Cc: Kasey Jaegers Subject: letter of support request for rivercrest variance Good Afternoon All, I hope you are well. I have a request. A client is seeking a variance to maintain his house but, needs to perform an extensive remodel at 2904 Rivercrest. In order to do so he needs 2 simple variances from the City of Austin Board of Adjustments. That hearing is Monday April 11th. Would you consider writing a support letter (or email)? 1. They need to keep the front setback at 25' vs the LA setback of 40'. Upon original construction the house appears to have been erroneously approved by staff for a 25' setback. 1 2. Secondly, because the house sits inside the front setback they need a variance to raise the height of a non-complying wall since they're straightening out what essentially is a zig zag roof line into a straight and evened gable roof. The portion of the foundation that sits in the front setback (between the 40' and 25' measurements) is triggering the need to request the variance since one cannot "raise the height" of a non-complying wall. H-2/54 Both requests are very diminimus in nature and we expect no issues from the Board, but thought I'd ask for your consideration. Plus, the homeowner is reducing the existing 50% IC to under 35% IC, which is consistent with LA zoning requirements. Attached is an example letter from their neighbor. Feel free to ask any questions and thank you. Appreciate the support! DC 2 H-2/55 david cancialosi Ramirez, Elaine From: To: Cc: Subject: Date: Attachments: Fw: letter of support request for rivercrest variance Monday, April 11, 2022 10:56:11 AM Letter from J Dean (2902 Rivercrest) on 2904 Var request 4-1-22[2].pdf *** External Email - Exercise Caution *** Hi Elaine, In case you don't have these - Two letters of support for my 2904 Rivercrest case tonight. One letter is from a neighbor on Pixie Cove and the other is the adjacent property owner @ 2902 Rivercrest. Please add these to the packet if you can. disregard if you have them, just being double sure they're in the file. See attached plus below email. Thank you, David. Did you know? Permit Partners, LLC has expanded to service your permitting needs in Houston, San Antonio, Dallas and all the Greater Austin areas! Inquire for more information today! or (512) 593-5361 From: Phillip Cameron < Sent: Friday, April 8, 2022 1:02 PM To: david cancialosi Subject: Re: letter of support request for rivercrest variance > We have a home down in the Rivercrest area and we understand the home applying for this permit is attempting to be rebuilt in the current footprint. We fully support the home being rebuilt and redeveloped as an improvement to the neighborhood and hope all that seek to improve in a way that’s equal to or less than the current footprints would be allowed as better for the long term benefit of the community. Advances in building materials, lighting and heating and cooling will long term cause less electricity usage as well. We hope to see the new home starting soon. Thank you, Phillip Cameron Sent from my iPhone H-2/56 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.