H-1 C15-2022-0021 GRANTED DS W APVD DRAWING — original pdf
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CITY OF AUSTIN Board of Adjustment Decision Sheet H-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0021 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Bhavani Singal OWNER: Heidi Lew ADDRESS: 3701 ROBBINS RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s): 25-2-492 (Site Development Regulations) from setback requirements to decrease the 1. minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 2. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope with a gradient of 15 percent or (a) less from 35 percent (allowed) to 48 percent (requested), (58% existing) increase the maximum impervious cover on a slope with a gradient of more than 25 (c) percent and not more than 35 percent from 5 percent (allowed) to 14 percent (requested), (4% existing) in order to erect a new two story Single-Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. BOARD’S DECISION: March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to April 11, 2022; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to May 9, 2022; Chair Jessica Cohen seconds on a 10-0 vote (Board member Nicholl Wade no vote off the dais); POSTPONED TO MAY 9, 2022. (RE-NOTIFICATION); VARIANCE REQUESTED: RENOTICE -The applicant is requesting a variance(s) from the Land Development Code, Section(s): 1. 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 25-2-551 (Lake Austin District Regulations) (C) (3) (a) (b) (c) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 36 percent (requested), (45% existing) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more than 25 percent, from 10 percent (allowed) to 21 percent (requested), (6% existing) and increase the maximum impervious cover on a slope with a gradient of more than 25 percent and not more than 35 percent from 5 percent (allowed) to 7 percent (requested), (6% existing) in order to erect a new two story Single- Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. BOARD’S DECISION: May 9, 2022 May 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Jessica Cohen motions to approve as per drawing H- 1/10 in the advanced packet; Board Member Michael Von Ohlen seconds on a 10-0 vote; GRANTED AS PER DRAWING H-1/10 IN THE ADVANCED PACKET. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the site is challenged with steep topography that tends to flatten at various spots, in order to build the new home on the flatten portions of the lot we are required to exceed the impervious cover allowance by LA Zoning. 2. (a) The hardship for which the variance is requested is unique to the property in that: due to the topography and the 100 year floodplain (b) The hardship is not general to the area in which the property is located because: this is common issue that many neighbors have applied to the board of adjustment for in order to rebuild on their lots. 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: redeveloping an existing single family lot to maintain the function of a single family residence, there is no change of use. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for H-1/10