F-2 C15-2022-0012 DENIED DS RECONS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0012 ___Y____Thomas Ates ___N____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne OUT ___N____Barbara Mcarthur ___N____Darryl Pruett ___Y____Agustina Rodriguez ___N____Richard Smith ___N____Michael Von Ohlen ___N____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2717 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent or increase the maximum impervious cover on a slope with a gradient of 15 percent VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) less from 35 percent (allowed) to 40 percent (requested) (b) and not 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) to 27 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 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 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 Michael Von Ohlen motions to deny; Board Member Nicholl Wade seconds on a 10-1 vote (Board member Kelly Blume nay); DENIED. RECONSIDERATION REQUESTED: MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY APPLICANT Board member Kelly Blume motions to reconsider the case; Board member Jessica Cohen seconds on a 5-6 vote (Board members Brooke Bailey, Barbara Mcarthur, Darryl Pruett, Richard Smith, Michael Von Ohlen, Nicholl Wade nay); Motion fails, 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