G-2 C15-2022-0035 GRANTED DS — original pdf
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CITY OF AUSTIN Board of Adjustment Decision Sheet G-2 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0035 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___--___Melissa Hawthorne OUT ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Mike Mchone OWNER: DC+CJ San Pedro LLC, Cater Joseph ADDRESS: 2609 SAN PEDRO ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Article 3, Division 9 – University Neighborhood Overlay District Requirements, Section 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street (required) to 24 feet from the centerline of adjacent street (requested) in order to erect a Multi-Family SMART Housing Building in an “MF-4- NP”, Multi-Family-Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: Per LDC 25-2-757 SETBACKS; COMPATIBILITY (E) A building must be at least 12 feet from the front face of the curb of the adjacent street and at least 30 feet from the centerline of the adjacent street, 12 ft. from the face of curb for the required UNO Streetscape will be provided. BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL); JUNE 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve; Board member Brooke Bailey seconds on an 11-0, vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the UNO District LDC requirement of a building setback of 30 ft from the center line of the 30ft wide San Pedro St prohibits the reasonable redevelopment use o 2609 San Pedro which is only 75.2 ft deep. 2. (a) The hardship for which the variance is requested is unique to the property in that: 2609 San Pedro created in 1928 is only 4791 sq ft and can best meet the requirement of LDC by opting in the requirement of the UNO district, UNO is unique with the 30 ft from the center line on the adjacent street requirement, San Pedro is a unique street in UNO in that it is a one way 30ft or ROW street (b) The hardship is not general to the area in which the property is located because: Most properties in UNO are much larger and either have more options for building placement or are not adjacent to a street with only 30 ft of ROW 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: 2609 San Pedro is located in the Outer West Campus Sub district of UNO, the new building on this property will comply with the provisions of UNO (wide well lighted streetscape, design guidelines and SMART Housing) ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for