F-1 C15-2022-0011 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet G-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0011 _______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: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 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. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be F-1/1reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Agustina Rodriguez motions to deny; Board Member Richard Smith seconds on a 6-5 vote (Board members Jessica Cohen, Melissa Hawthorne, Darryl Pruett, Kelly Blume, Marcel Gutierrez-Garza nay); DENIED. RECONSIDERATION REQUESTED: MAY 9, 2022 POSTPONED TO JUNE 13, 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 forF-1/2CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0011 ___Y____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___N____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___N____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___N____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___N____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 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. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be F-1/3reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Agustina Rodriguez motions to deny; Board Member Richard Smith seconds on a 6-5 vote (Board members Jessica Cohen, Melissa Hawthorne, Darryl Pruett, Kelly Blume, Marcel Gutierrez-Garza nay); DENIED. 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 F-1/4BOA GENERAL REVIEW COVERSHEET RECONSIDERATION CASE: C15-2022-0011 BOA DATE: May 9th, 2022 ADDRESS: 2715 Long Bow Trl OWNER: David Scott Kosch COUNCIL DISTRICT: 6 AGENT: Jonathan Kaplan ZONING: LA LEGAL DESCRIPTION: LOT 876 APACHE SHORES SEC 2 VARIANCE REQUEST: (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 40 percent (requested) (b) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more (c) than 25 percent from 10 percent (allowed) to 40 percent (requested) 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 40 percent (requested) (d) increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 percent (requested) SUMMARY: complete a Single-Family residence ISSUES: non-conforming lot, platted prior to “LA” regulations ZONING LAND USES Site North South East West LA LA LA LA LA Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Friends of Austin Neighborhoods Lake Travis ISD Population and Survey Analysts Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources F-1/5F-1/6CITY OF AUSTIN Board of Adjustment Decision Sheet F-5 DATE: Monday March14, 2022 CASE NUMBER: C15-2022-0011 _______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: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single- zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 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. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be F-1/7reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; 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 F-1/8Thursday, March 24, 2022 To: Board of Adjustments City of Austin 301 W 2nd St, Austin, TX 78701 Reference: - Supplemental Letter - 2715 Long Bow Trail - Case # C15-2022-0011 I am writing to provide you the additional information as requested from the Board of Adjustments from our meeting on February 14, 2022. I have attached a copy of the supporting documents for the comments below and answers the questions and concerns you had during the hearing. Zoning Regulations: The primary basis of our request is that the property has been illegally zoned for both LA (Lake Austin) zoning and the Lake Austin overlay as both regulations require a min. of 1 acre lot size per the City of Austin development regulations as shown below. The illegal application of the LA regulations on this lot makes it non-developable for reasonable use. The LA regulations are also shown as the strictest zoning regulations as specified in 25-2-33 (b). 1. Per 25-2-492 site development regulations the LA zoned lot must be a minimum of 43,560 SF in size (1 acre), and the lot in question is only 8,822.11 sf (.20 acres). In addition, all LA zones lots are governed by 25-2-551 (C)-3 Impervious coverage restrictions based on a slope analysis of the property. 2. Per 25-2-53 of the Land Development Code - Lake Austin residence (LA) district is the designation for a low density single-family residential use on a lot that is a minimum of one acre and that is located 1,000 feet or less, measured horizontally, from the 492.8-foot topographic contour line on either side of Lake Austin. 3. The City of Austin zoning guide published September of 2016 in chapter II states the following. a. The City of Austin has established twelve Zoning Principles as a guide to preserve the compatibility of land uses. City Staff, stakeholders and property owners should use the following principles to evaluate all zoning requests. i. Zoning should be consistent with the Future Land Use Map (FLUM) or adopted neighborhood plan. ii. Zoning should satisfy a public need and not constitute a grant of special privilege to an individual owner; the 1. This item is not applicable to our case request should not result in spot zoning. 1. Within Apache Shores POA there is less than 5% of the overall community that has any form of zoning regulation. The current overlay unreasonably restricts the lots development capabilities. iii. Granting a request for zoning should result in an equal treatment of similarly situated properties. 1. Within Apache Shores POA there is less than 5% of the overall community that has any form of zoning regulation. The current overlay unreasonably restricts the lots development capabilities. Lots as close as 100’ away have no zoning regulations 2. iv. Granting the zoning should not in any way set an undesirable precedent for other properties in the neighborhood or within other areas of the city. 1. This is a lot specific request on a non-conforming lot and should not result in any negative precedent. v. Zoning should allow for a reasonable use of the property. 1. The current zoning does not allow for any reasonable use of the property. vi. Zoning changes should promote compatibility with adjacent and nearby uses and should not result in detrimental impacts to the neighborhood character. 1. The request that we are asking for does not put the development capabilities of these properties above or beyond the adjacent properties. vii. Zoning should promote a transition between adjacent and nearby zoning districts, land uses, and development intensities. F-1/91. The request does not change the land use or density of the area. viii. Zoning should promote the policy of locating retail and more intensive zoning near the intersections of arterial roadways or at the intersections of arterials and major collectors. 1. This section is not applicable to our request. ix. The request should serve to protect and preserve places and areas of historical and cultural significance. • Zoning should promote clearly identified community goals such as creating employment opportunities or providing for affordable housing. 1. The request for Impervious Coverage is being done to be able to develop single family homes that are desperately needed in the greater Austin area. x. A change in conditions has occurred within the area indicating that there is a basis for changing the originally established zoning and/or development restrictions for the property. 1. Prior to 2014 this property did not have any zoning regulations. This zoning overlay was added to the property making the lots non-developable. xi. The rezoning should be consistent with the policies adopted by the City Council or Planning Commission/Zoning and Platting Commission. 1. The City of Austin has been diligent in allowing for additional development of living units as it is necessary for not only future growth but also the people that are currently here. 4. With the information provided above it is easy to see that the zoning regulations that are being placed on this property are being illegally applied. If the City of Austin development code is the regulation that all construction and development within the city is governed by the continued application of this zoning would be removed as it does not meet the minimum standard. Apache Shores HOA Regulations: The following regulations are required by the deed restrictions within the community. These regulations were adopted on November 19th 1969 and recorded with Travis County document # 23- 2467 1. Paragraph #3 states that no residence shall have less than 650 sf of living space on the ground or first floor exclusive of porch area. Neighboring Properties: It has come into question about the size of the proposed homes in comparison to the adjacent homes. We have gone through the Travis County property records and have identified the following. 1. Based on the map attached to this report there are 9 houses within a 1,000-foot radius of this lot that are within the size range or the proposed projects. If you take the average size of all the houses shown on the map you will get an average size of 2,443 SF. 2. On this map you will also see that there are 11 vacant lots on the same road (Long Bow Trail) that will be developed and these lots are not within the COA LA zoning regulations so they will most likely be constructed the same size or larger of our proposed structure. Opposition: When doing the research on the properties and the surrounding area we compared it to the information provided by Craig Lesley of 2710 Long Bow Trail and Karl Van Nostrand of 2706 Long Bow Trail we identified some false and misleading information that they provided as described below. I want to point out that I don’t oppose legitimate opposition but when the opposing party’s provide false and misleading information it is now fair as we are Heald under Oath and it appears that they are now. 3. When doing this map, I have identified that the house owned by Craig Lesley who opposed this project and stated in his testimony the following. a. b. “The size of the houses planned in the variance we are seeking seem excessive to him and more modest footprint is better for the environment, better for the natural aesthetics and for the community as a hole” “no other houses the size that we are talking about putting there around there” you can see by the map that I provided this is a false statement and even his own house is the size we are requesting. i. Response: In fact, his own home that is directly across the street is 2,408 SF based on TCAD and 2,461 sf based on the building permit application he provided at the time of construction. c. “My wife and I built years ago under the same requirements” i. Response: Although his plans do show net site area calculations his permit was approved on 2- 5-2014 but the COA LA ordinance was not approved until June 26, 2014 so I am not sure why F-1/10they designed in that manner. d. “that’s why they had to build further up because there are a lot of nice oak trees” i. Response: The reason that the houses are being put up on the hill is to leave room in the best location for the septic field on the lower portion of the property. Response to BOA members: During the hearing there were several very legitimate concerns raised by the board members and I have noted the questions and answers below. 1. Creative Design: The design of the structure is utilizing 3 story vertical design and that is the tallest that residential construction allows. The location of the house was determined by the location of the protected size tree’s on the property and the best operating location of the septic system. 2. Septic System: Since the last meeting we had the septic permit for the property has already been approved by Austin Water for the septic’s for both houses. The location of the septic systems is located at the front of the property to allow for the best peculation rate and long term functionality of the system. 3. Use of Piers: The use of piers for a foundation system does not change the impervious coverage calculations with the City of Austin. This is a method to reduce the impervious coverage calculations on projects in the past and the development department has rejected it every time. 4. Cut in steep part of lot: The question was raised as to why the houses were placed into he steepest part of the properties. This was done as that is the portion of the lot that has the lowest peculation rate so the added impervious coverage will have the smallest impact in those locations. 5. Protected Tree’s: There were several questions about the trees and the health of them in their current state. Due to this question, I had a certified Arborist do a Tree Risk Report for all the protected sized tree’s on the property. I have attached those reports to this report for your review. The main item is the heritage tree on the front of the right lot (2715) and that tree is unfortunately not in the greatest condition due to its age and according to the COA regulations for tree’s it is eligible for removal since more than 50% of the tree needs to be removed but we have no plans on removing it and are trying to save it. You can also see that we are not encroaching in the ¼ CRZ of any tree’s and will utilize a low impact foundation design commonly accepted when having to develop within the ½ CRZ. 6. Drinking Water Protection: The protection of the drinking water was a concern among the BOA. I have spoken with two different Civil Engineers and they both agree that they can do a site design that will be able to capture any runoff and additional water flows created by the proposed development. This item can be a condition of approval for the development permit and the engineer can provide the calculation numbers to prove their design much like they do on any commercial project. 7. House Design: I provided an updated site plan for both properties showing the site layout and the actual impervious coverage needed to be able to build the house. Conclusion: As you can see based on the information provided in this report and the prior documentation that was provided there should be no reason that these lots are not allowed to be developed allowing the construction of the proposed houses that conform to the community sizes while being able to provide proof that there is no adverse impact on Lake Austin due to engineered site design. Regards, Jonathan Kaplan Managing Member Urban Building Services of Texas LLC 512-768-2789 ext. 501 F-1/11F-1/12(cid:32)Legend Streets Jurisdiction FULL PURPOSE LIMITED PURPOSE OTHER CITY LIMITS OTHER CITIES ETJ TCAD Parcels Lot Line EXTRATERRITORIAL JURISDICTION 2 MILE ETJ AGRICULTURAL AGREEMENT 0.2 0 0.08 0.2 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 4,800 Notes F-1/13F-1/14F-1/15F-1/16F-1/17F-1/18F-1/19F-1/20F-1/21F-1/22F-1/23F-1/24F-1/25F-1/26F-1/27F-1/28F-1/29F-1/30F-1/31F-1/32F-1/33F-1/34F-1/35F-1/36F-1/37F-1/38CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday February 14, 2022 CASE NUMBER: C15-2022-0011 OUT OUT APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 40 percent (requested) (b) percent and not more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) than 25 percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) 35 percent to 40 percent (requested), in order to complete a Single-Family increase the maximum impervious cover on a slope gradient greater than increase the maximum impervious cover on a slope with a gradient of more 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. For the above address the Subdivision Plat was recorded on November 17, 1969 F-1/39(E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a non- mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022. FINDING: for F-1/40From: To: Cc: Subject: Date: Attachments: Importance: Jon Kaplan Ramirez, Elaine Ramirez, Diana; Re: REMINDER: Mar. 14, 2022 Advanced Packet deadline Thursday, February 24, 2022 7:04:54 PM 1.png 2.png High *** External Email - Exercise Caution *** Good Evening Elaine, We are doing our best to get all the necessary information for our case but due to all of the pushback and questions that we got from the BOA and the two people contesting it. We request that we can push our hearing the the April hearing date to be able to provide the additional information that the board has requested. Regards Jon Kaplan C.P.B.D. - 44-752 ICC Combination Inspector - 9061592 Urban Building Services of Texas LLC www.ubstx. P: (512) 768-2789 EXT: 501 CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. ---- On Fri, 18 Feb 2022 12:00:08 -0600 Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote ---- Good afternoon Applicants on the Mon. March 14th, 2022 BOA mtg. Agenda, Please read this entire e-mail F-1/41BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0011 BOA DATE: February 14th, 2022 ADDRESS: 2715 Long Bow Trl OWNER: David Scott Kosch COUNCIL DISTRICT: 6 AGENT: Jonathan Kaplan ZONING: LA LEGAL DESCRIPTION: LOT 876 APACHE SHORES SEC 2 VARIANCE REQUEST: (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 40 percent (requested) (b) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more (c) than 25 percent from 10 percent (allowed) to 40 percent (requested) 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 40 percent (requested) (d) increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 percent (requested) SUMMARY: complete a Single-Family residence ISSUES: non-conforming lot, platted prior to LA regulations ZONING LAND USES Site North South East West LA LA LA LA LA Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Friends of Austin Neighborhoods Lake Travis ISD Population and Survey Analysts Sierra Club, Austin Regional Group TNR BCP Travis County Natural Resources F-1/42February 8, 2022 Jonathan Kaplan 2715 Long Bow Trl Austin TX, 78734 Re: C15-2022-0011 Dear Jonathan, Property Description: LOT 876 APACHE SHORES SEC 2 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 25-2-551 (C) - 3 Impervious coverage restrictions based on a slope analysis of the property 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-1/43CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, Section 1: Applicant Statement 2715 Long Bow Trail, Austin TX 78734 LOT 876 APACHE SHORES SEC 2 876 LA - Lake Austin Jonathan Kaplan 2715 Long Bow Trail LLC & David Kosch September 11 2021 Single family residence. F-1/44Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ 25-2-551 (C)-3 Impervious coverage restrictions based on a slope analysis of the property. ____________________________________________________________________________ Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) a slope with a gradient of 15 percent or less from 35 percent (allowed) to 40 percent (requested) (b) a slope with a gradient of 15 percent and not more than 25 percent from 10 percent ____________________________________________________________________________ (allowed) to 40 percent (requested), (c) 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 40 percent (requested), (d) a slope gradient greater than 35 percent from 0 percent (allowed) to 26 percent (requested) Section 2: Variance Findings 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: ____________________________________________________________________________ Per 25-2-492 site development regulations a LA zoned lot must be a minimum of 43,560 SF in ____________________________________________________________________________ size (1 acre), and the lot in question is only 8,822.11 sf (.20 acres). In addition, this regulation ____________________________________________________________________________ was set in place due to 25-2-551 (C)-3 Impervious coverage restrictions based on a slope ____________________________________________________________________________ analysis of the property. This core requires a slope analysis of the current topography of the land and based on the existing conditions of this lot no reasonable development can be ____________________________________________________________________________ constructed on this property. ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ This lot is a non-conforming lot to the minimum lot size required to be zoned for LA zoning and ____________________________________________________________________________ the subsequent Impervious Coverage regulations including the NET site area calculations. We ____________________________________________________________________________ are seeking an increased Impervious Coverage allowance for this lot allowing for 3,300 sf of ____________________________________________________________________________ Impervious Coverage 37.4% to be more consistent with traditional development codes of Single ____________________________________________________________________________ Family Residential codes. b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ This area of LA zoning is unique as lots were platted and have been sold before the existence ____________________________________________________________________________ of the LA regulations. There is a lot of houses that have been built in the area prior to the LA ____________________________________________________________________________ zoning and exist to this day. This lot is only two lots (82 feet) away from being outside of the ____________________________________________________________________________ COA building jurisdiction and LA zoning allowances. ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 0 / /20 | Page 5 of 8 F-1/45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 area that this lot is located (Apache Shores) has a lot of new construction going on and ____________________________________________________________________________ houses just like the one being proposed are being constructed throughout the area. The zoning ____________________________________________________________________________ district will not be effected as the construction (house or lot) is not visible from the Lake, and ____________________________________________________________________________ since the slope is so steep on the proposed area that once construction is complete the ground ____________________________________________________________________________ will have a better ability to absorb water runoff than the current high slope of the lot. ____________________________________________________________________________ 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: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 0 / /20 | Page 6 of 8 F-1/46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: _____________ ___________________________________________ __________________________________________________________________ _______________ _____ 09/15/2021 Applicant Name (typed or printed): ___________________________________________________ Jonathan Kaplan Applicant Mailing Address: __________________________________________________________ 214 Sailors Run, City: ________________________________________ State: ________________ Zip: _______ Lakeway 78734 Texas Phone (will be public information): ____________________________________________________ (512) 920-3439 j 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. Owner Signature: ______________________________________________ Date: _____________ 09/12/2021 Owner Name (typed or printed): ______________________________________________________ David Scott Kosch Owner Mailing Address: ____________________________________________________________ 4307 MIchaels Cove City: ________________________________________ State: ________________ Zip: _______ Austin 78746 TX Phone (will be public information): ____________________________________________________ (310) 714-6821 Email (optional – will be public information): __________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Jonathan Kaplan Agent Mailing Address: ____________________________________________________________ 214 Sailors Run City: ________________________________________ State: ________________ Zip: _______ Lakeway 78734 TX Phone (will be public information): ____________________________________________________ (512) 920-3439 Email (optional – will be public information): ________________________________ Section 6: Additional Space (if applicable) 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). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 0 / /20 | Page 7 of 8 F-1/47Lot sizes in Apache Shores Tradi onal LA zoned lots 1+ acres Exis ng non conforming construc on This diagram shows that the tradi onal Lake Aus n zoned lots (1+ acre) are located on the ease side of the river while the west side (Apache Shores) consists of all non conforming lots but have houses constructed on them. A lot of these houses were built prior to the LA regu la ons that were put in place but the approval of this Variance will not e ect the area in a nega ve way. F-1/48COA LA Zoning area ETJ with no zoning or IC restric ons This diagram shows that the loca on of the Lake Aus n zoning (in green) and the ETJ (in Blue) and that this lot is less than 100’ away from an area that has no impervious coverage re stric ons. F-1/49In this image you will see the exis ng lot with the red lines showing the ap proximate boundaries of the lot F-1/50Loca on of lot This aerial map can provide you an understanding of the development in the area and an ex ample of how this construc on will match the neighboring community. F-1/51(cid:32)Legend Addresses Jurisdiction FULL PURPOSE LIMITED PURPOSE OTHER CITY LIMITS OTHER CITIES ETJ Jurisdiction FULL PURPOSE LIMITED PURPOSE EXTRATERRITORIAL JURISDICTION 2 MILE ETJ AGRICULTURAL AGREEMENT EXTRATERRITORIAL JURISDICTION 2 MILE ETJ AGRICULTURAL AGREEMENT OTHER CITY LIMITS OTHER CITIES ETJ 0.0 0 0.01 0.0 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 600 Notes F-1/52F-1/53F-1/547 2 149' - 11 23/32" 5 4 T 5 5' U.E. (P)(NOTE 2) & B.L. (NOTE 2) T 4 D V = 3 6 T W M 1 8 " C M P " 0 - ' 0 6 L 1 & B . L . ( N O T E 2 ) ' 1 0 U . E . ( P ) ( N O T E 2 ) 1 / 2 " I R F l i a r T 5 w 4 o 1 B . g 6 n 5 o L 5 1 7 2 I W N O V R = ' 0 5 INV=539 24" CMP ' 2 5 B . L . ( P ) T 6 L O V A T C A 8 N T L O 7 T 6 T 2 T 3 5' U.E. (P)(NOTE 2) & B.L. (NOTE 2) T 1 STACKED ROCK & STONE BORDER ON LINE 149' - 10 21/32" S 33°34' W 150 01' (P) T 8 9 5 1 / " I R F ' 5 U . E . ( P ) & B . L . ( N O T E 2 ) ' 6 U . E . ( N O T E 2 ) " 6 1 5 / 1 - ' 0 6 L 2 896 1/2" IRF Slope Analysis - Net Site Area Material: Range Material: Area 0.00% to 15.00% 2545 SF 15.00% to 25.00% 1567 SF 25.00% to 35.00% 1002 SF 35.00% to 4459.59% 4958 SF C L L l i a r T w o B g n o L 5 1 7 2 X T n i t s u A , l i a r T w o B g n o L 5 1 7 2 t s e u q e R e c n a i r a V N O I T A M R O F N I T C E J O R P 12/28/2021 7:17:13 PM F-1/55From: To: Subject: Date: Attachments: Omega170 Ramirez, Elaine Re: Monday, February 07, 2022 9:28:36 AM image001.png Charles Thomas Westerman 2667 Crazyhorse Pass Austin, TX 78734 512 300 6173 my T-Mobile 4G LTE Device Get Outlook for Android From: Sent: Monday, February 7, 2022 9:27:23 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: Case number c15-2022-0011 2715 Long Bow Trail Sent from my T-Mobile 4G LTE Device Get Outlook for Android From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Monday, February 7, 2022 9:23:43 AM To: Omega170 Subject: RE: Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 In order for me to accept this e-mail. You will need to include the case #, address of property in question and you will need to include your name and address. PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s F-1/56From: Omega170 Sent: Monday, February 07, 2022 9:17 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: *** External Email - Exercise Caution *** I am against the new changes that are being sought to build these new homes.in Apache Shores especially the one they are requesting a permit for on Long Bow Trail. These developers trash the land and overbuild and overpopulated on this area oft here and enough is enough. You should see the concrete trucks that dump there slag right into the creeks here when they build these million dollar California dream atrocities. Sent from my T-Mobile 4G LTE Device Get Outlook for Android 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-1/57From: To: Subject: Date: Sam W Ramirez, Elaine; Clerk, City C15-2022-0011 Monday, February 07, 2022 9:58:20 AM *** External Email - Exercise Caution *** I'm not really sure what the process to file opposition to some requested changes to lot restrictions, but I live just a few houses down from this. C15-2022-0011 From what I see they want to take both lots and then put a significantly higher than normally allowed impervious cover on it. This suggests not only a lot more drainage into the lake and into the park from the lot, it also sounds like they are just going to cover it in concrete. These coverage rules exist for a reason and I don't see why this person should get any exception. Hi, Thank you, Sam 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-1/58To Elaine Ramirez, February 7, 2022 My name is Charles Thomas Westerman, I live at 2667 Crazyhorse Pass, Austin, TX 78734. I am writing in Opposition to Case number C15-2022-0011 / 2715 Long Bow Trail AND C15-2022-0012 / 2717 Long Bow Trail. I am against the new changes that are being sought to build these new homes.in Apache Shores especially the one they are requesting a permit for on Long Bow Trail. These developers trash the land and overbuild and overpopulated on this area oft here and enough is enough. You should see the concrete trucks that dump there slag right into the creeks here when they build these million dollar California dream atrocities. The repercussions of this out of check building out here is horrible. Traffic is bad and this building will constitute a HUGE fire hazard should an evacuation ever need take place due to a fire. There is a post on the Next-door app out here that shows my photos I took as well as others took of the developers allowing the concrete truck that pour the slabs to leave the waste at the bottom of the hill that runs straight into the water system out here. They are building unchecked houses that raise the property value and tax out people that have owned houses and lived here their whole life. That doesn't even include all the new coyotes that are out and because there is nowhere left for them to go. Let alone all the water pipes damaged by the constant water pressure checks on all of these over unit overpriced Hollywood McMansions. I will not waste any more of your time since your position is not a tax payer funded position. I hope you heed my concerns. Sincerely, Charles Thomas Westerman F-1/59From: To: Subject: Date: Jamie McKenzie Ramirez, Elaine Long bow trail variance Tuesday, February 08, 2022 7:35:42 PM *** External Email - Exercise Caution *** Elaine, I am writing as a concerned citizen that lives in Apache Shores subdivision where a variance is being requested on a property on Long Bow Trail. As a professional in the building industry and someone who wants to see our beautiful lake preserved I would strongly advise you not to grant this variance. The impervious cover that they are asking for would cause rain water runoff in excess to dump into the lake and adversely affect the water quality endangering the native plants and animals. 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-1/60* * * E x t e r n a l E m a i l - E x e r c i s e C a u t i o n * * * T o : F r o m : D a t e : S u b j e c t : i C n d y M a r a b i t o R a m i l i r e z , E a n e ; R a m i r e z , E a n e l i C o m m e n t s C a s e # C 1 5 - 2 0 2 2 - 0 0 1 1 o h F r i d a y , F e b r u a r y 1 1 , 2 0 2 2 8 : 2 0 : 0 3 A M T h a n k y o u , C i n d y M a r a b i t o A t t a c h e d i s m y f o r m . P l e a s e l e t m e k n o w i f y o u n e e d f u r t h e r i n f o r m a t i o n . P l e a s e c o n s i d e r m y c o n c e r n s r e g a r d i n g t h e r e q u e s t s f r o m J o n a t h a n K a p l a n C E O o f B u i l d w o r k s L L C a n d D a v i d S c o t t K o s c h K o s c h C a p i t a l a n d B u i l d w o r k s w h o “ s p e c i a l i z e i n l u x u r y r e s i d e n t i a l c o n s t r u c t i o n . C A U T I O N : T h i s e m a i l w a s r e c e i v e d a t t h e C i t y o f A u s t i n , f r o m a n E X T E R N A L s o u r c e . P l e a s e u s e c a u t i o n w h e n c l i c k i n g l i n k s o r o p e n i n g a t t a c h m e n t s . I f y o u b e l i e v e t h i s t o b e a m a l i c i o u s a n d / o r p h i s h i n g e m a i l , p l e a s e f o r w a r d t h i s e m a i l t o c y b e r s e c u r i t y @ a u s t i n t e x a s . g o v . F-1/61From: To: Subject: Date: Attachments: Cindy Marabito Ramirez, Elaine Re: Comments Case #C15-2022-0011 oh Friday, March 11, 2022 5:46:09 AM 2715-2717 Long Bow Trail lots-compressed.pdf Geronimo homes-compressed.pdf Long Bow homes-compressed.pdf *** External Email - Exercise Caution *** Hi Elaine: I’ve compressed three pdf files of photographs of our Apache Shores neighborhood to show the board members so they have a clear idea of the issues being addressed in regards to the lots in question at 2715 and 2717 Long Bow Trail. The first file includes photographs of the actual lots at 2715/2717 Long Bow Trail. The owner made claims there were no oaks on the lots, just one dead oak. I counted at least twenty included in the photos, all healthy with images of the tops of the trees greening for springtime. 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. The next two files entitied Geronimo homes and Long Bow homes illustrate the home sizes in our neighborhood adjacent to the lots. These photographs include a majority of homes well under 2000 square feet. Please let me know if these came through properly and if you need further documentation. Thank you so much. Cindy Marabito 2718 Long Bow Trail Austin TX 78734 On Mar 9, 2022, at 7:51 AM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Hi Cindy, You can send this in but it must be in PDF attachment format, (DO NOT send in a drop box, link, google drive, etc. as our systems do not support these formats). Any information you send in will be added to the Late Back-up. FYI the applicant has requested a PostPonement to the April 11, 2022 BOA meeting, please keep in mind it more than likely will be Granted but not always guaranteed. So it is possible it will be heard on Monday, March 14. If so, you can participate in Opposition or Support, will you be participating virtually or in-person? If you would like you can attend the meeting in-person you F-1/62may(information is below) or watch it live in the comfort of your home (link provided below). What you can do, if you are comfortable, is show up to the meeting to speak in Support/Opposition. Please make sure all persons wishing to speak at the hearing, sign up and register in the BOA Registration book the day of the meeting, Mon. 3/14/2022 at City Hall –Council Chambers, Rm 1001; doors should open at 5p.m. to the public, meeting begins at 5:30p.m.. Due to limited contact + the City of Austin moving to paperless, you will not be able to speak with or give hand-outs to the Liaison(s) at Council Chambers, any questions you may have will need to be e-mailed to Elaine.Ramirez@austintexas.gov You can also participate virtually. If you wish to speak virtually you must send the information below before the deadline of 12p.m. on Sunday, 3/13/2022. E- mail me the following information below and I will put you on the list to speak. 1. Speaker’s name 2. Are you in Opposition or Support 3. A good phone number, if you have a landline this will be the best phone number to provide. It has to be the phone number that the Speaker will be calling from on Monday, March 14, 2022 to speak at the meeting (it cannot be a different number, your call will not be accepted) 4. Speaker’s address 5. Speaker’s e-mail address that will be easily accessible to his/her e-mails 6. case number you are in Opposition or Support of 7. address you are in Opposition or Support of March 14, 2022 BOA meeting will be held: Hybrid meeting – both in-person and virtual 2nd Monday of the Month Austin City Hall - 301 West 2nd Street Council Chambers - 1st Floor / Room 1001 Begins @ 5:30 PM, if you wish to participate in-person please show up at 5:30p.m. as the Board can and will move items/cases on the Agenda around. The meeting will be broadcasted live and can be publicly viewed live at:http://www.austintexas.gov/page/watch-atxn-live F-1/63Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 <image001.png> PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: Cindy Marabito [ Sent: Tuesday, March 08, 2022 4:54 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Comments Case #C15-2022-0011 oh *** External Email - Exercise Caution *** Hi there Elaine. I am writing to ask about the upcoming meeting mid-March. The issues regarding 2715/2717 Long Bow Trail Austin TX 78734 got postponed. Couple of things. Should we resend further comments to the board? And, also, after listening to the property owner’s statements to the board about home sizes here in Apache Shores and also regarding the oaks on his two lots, I uploaded some photographs to share in albums on Google. I’m hoping to be able to send those links to you and the board so that they can have a realistic view of the neighborhood and actual home sizes. Also, in a separate album, I photographed at least 20 oaks and they are healthy trees, not dead as was claimed by the owner. I even photographed the tops leafing green for spring. Thank you so much. I look forward to hearing back from you. Have a nice day. Cindy Marabito 2718 Long Bow Trail Austin, TX 78734 On Feb 11, 2022, at 8:22 AM, Cindy Marabito > wrote: F-1/64Begin forwarded message: From: Cindy Marabito Subject: Comments Case #C15-2022-0011 oh Date: February 11, 2022 at 8:19:42 AM CST To: elaine.ramirez@austintexas.gov,Elaine.Ramirez@austinte xas.gov Please consider my concerns regarding the requests from Jonathan Kaplan CEO of BuildworksLLC and David Scott Kosch Kosch Capital and Buildworks who “specialize in luxury residential construction. Attached is my form. Please let me know if you need further information. Thank you, Cindy Marabito <image4.jpeg> 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 tocybersecurity@austintexas.gov. F-1/65F-1/66F-1/67F-1/68F-1/69F-1/70F-1/71