E-1 C15-2020-0038 ADV PACKET JULY 11, 2022

Board of Adjustment – July 11, 2022

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BOA GENERAL REVIEW COVERSHEET RE-NOTIFICATION CASE: C15-2020-0038 BOA DATE: July 11th, 2022 COUNCIL DISTRICT: 10 AGENT: Jim Wittliff ADDRESS: 1409 Possum Trot OWNER: Amir Kalantari ZONING: SF-3-NP (WANG Neighborhood Plan) LEGAL DESCRIPTION: W 91.2 FT OF LOT 5 & NW 20X90 AV OF LOT 6 BLK 6 WESTFIELD A VARIANCE REQUEST: decrease rear setback from 10 ft. to 5 ft. SUMMARY: maintain a duplex ISSUES: property has 3 units that was built in 1942 in an SF-3 zoning district ZONING LAND USES Site SF-3-NP North MF-3-NP South SF-3-NP East MF-3-NP SF-3-NP West Single-Family Multi-Family Single-Family Multi-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group E-1/1CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday July 12, 2021 CASE NUMBER: C15-2020-0038 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Jim Wittliff OWNER: Braden Crockett ADDRESS: 1409 POSSUM TROT VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) in order to maintain an existing Duplex in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (West Austin Neighborhood Plan). BOARD’S DECISION: July 12, 2021 POSTPONED TO JAN 10, 2022 -AE DENIAL; POSTPONED INDEF DUE TO AE ISSUES 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: FINDING: 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 Diana Ramirez for ____________________________ Jessica Cohen Chair E-1/2BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0038 BOA DATE: July 12th, 2021 ADDRESS: 1409 Possum Trot OWNER: Braden Crockett COUNCIL DISTRICT: 10 AGENT: Jim Wittliff ZONING: SF-3-NP (WANG NP) LEGAL DESCRIPTION: W 91.2 FT OF LOT 5 & NW 20X90 AV OF LOT 6 BLK 6 WESTFIELD A VARIANCE REQUEST: decrease the minimum rear yard setback from 10 feet to 5 feet SUMMARY: maintain an existing Duplex ISSUES: property not platted; only property in SF-3 area that has 3 units: a duplex and Single-Family residence ZONING LAND USES SF-3-NP Site SF-3-NP North South SF-3-NP East MF-3-NP SF-3-NP West Single-Family Residential Single-Family Residential Single-Family Residential Multi-Family Residential Single-Family Residential NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Save Historic Muny District Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group E-1/3August 25, 2020 Jim Wittliff 1409 Possum Trot Austin TX, 78703 Re: C15-2020-0038 Dear Jim, Property Description: W 91.2 FT OF LOT 5 & NW 20X90 AV OF LOT 6 BLK 6 WESTFIELD A Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) in order to maintain an existing Duplex in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (West Austin Neighborhood Plan). Denied by Austin Energy (AE) The existing structure and features at the above address, as they relate to our existing facilities are in direct conflict with Austin Energy’s clearance requirements. Applicant must contact ae lead Electric Distribution designer James Rowin, at 512-505-7665 to start the process of relocating the existing overhead lines at the rear of this property. When the relocation of the existing facilities, occurs, and the existing structure meets our required clearances from permanent structures. then the above Board of Adjustment case can be approved by Austin Energy. Attached is the link to our clearance requirements. https://austinenergy.com/wcm/connect/8bb4699c- 7691-4a74-98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES - see page 93- 94 - 1.10.3 Permanent Clearances from AE Overhead Lines and Facilities If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 E-1/4E-1/5E-1/6E-1/7E-1/8Section 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: _____________ 05-23-22 Jim Wittliff Applicant Name (typed or printed): ___________________________________________________ Jim Wittliff Applicant Mailing Address: __________________________________________________________ 3606 Winfield Cove City: ________________________________________ State: ________________ Zip: _______ Austin TX 78704 Phone (will be public information): ____________________________________________________ 512-416-6611 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: _____________ 05-23-2022 Amir Kalantari Owner Name (typed or printed): ______________________________________________________ Owner Mailing Address: ____________________________________________________________ 2413 Enfield Rd City: ________________________________________ State: ________________ Zip: _______ 78703 Austin TX Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ 512-458-3151 Section 5: Agent Information Agent Name: ____________________________________________________________________ Jim Wittliff / Land Answers, Inc. Agent Mailing Address: ____________________________________________________________ 3606 Winfield Cove City: ________________________________________ State: ________________ Zip: _______ Austin TX 78704 Phone (will be public information): ____________________________________________________ 512-416-6611 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 2/9/22 | Page 7 of 8 E-1/9E-1/10E-1/11Duplex at 1409 Possum Trot E-1/12Legend Addresses Jurisdiction FULL PURPOSE LIMITED PURPOSE 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 E-1/13Legend Addresses Jurisdiction FULL PURPOSE LIMITED PURPOSE 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 E-1/14Ramirez, Elaine From: Sent: To: Cc: Subject: Elaine, Thank you, Jim Wittliff Jim Wittliff Wednesday, July 07, 2021 10:11 AM Ramirez, Elaine Amir Kalantari Re: REMINDER: Speaker Registration Deadline for Mon. July 12, 2021 BOA. mtg. Austin Energy estimates it will take up to 23 weeks (5.75 months) to move the overhead line. Therefore, I think this BOA hearing will need to be postponed until the first BOA hearing date of 2022. I will pay the $302.64 renotification fee, but I am paying it under protest, because this is Austin Energy’s delay, not ours or the property owner’s. It doesn’t seem fair that the property owner needs to pay because Austin Energy has such ridiculously long timeframes to move a simple wire. Please tell the Board that Austin Energy’s schedule requires us to postpone this case until the January 2022 hearing date. From: "Ramirez, Elaine" <Elaine.Ramirez@austintexas.gov> Date: Tuesday, July 6, 2021 at 2:06 PM To: Jim Wittliff < Subject: RE: REMINDER: Speaker Registration Deadline for Mon. July 12, 2021 BOA. mtg. Hi Jim the Board will not want to move forward without an approval from AE. Do you have a date or month on when this approval could take place? The reason asking is they are not going to grant a Postponement each month, the Board is going to want a date. And if it is more than 60 days then a re-notice will need to be sent out, which include a re-notice fee that needs to be paid of $302.64 I think it is best you request a Postponement but with a date set as well. These are our next available BOA mtgs. BOA Mtg. Schedule 2021 (BOA meets on the 2nd Monday of the Month) Aug. 9 Sept. 13 Oct. 11 Nov. 8 Dec. 13 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 1 E-1/15PER 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: Jim Wittliff [ Sent: Tuesday, July 06, 2021 1:30 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: REMINDER: Speaker Registration Deadline for Mon. July 12, 2021 BOA. mtg. *** External Email - Exercise Caution *** Elaine, My BOA powerpoint presentation is attached. However, I am confused regarding whether the Board can act on this case, since Austin Energy stated that an overhead electric line will need to be rerouted before AE can recommend approval of the variance. AE only recently provided a cost to relocate the line, which our client has to pay to AE before they will do the work. Should this case be postponed again until the overhead electric line is rerouted? Jim Wittliff From: "Ramirez, Elaine" <Elaine.Ramirez@austintexas.gov> Date: Tuesday, July 6, 2021 at 12:41 PM Cc: "Ramirez, Diana" <Diana.Ramirez@austintexas.gov> Subject: REMINDER: Speaker Registration Deadline for Mon. July 12, 2021 BOA. mtg. Good afternoon Applicants on the Mon. July 12th, 2021 BOA mtg. Agenda, Regardless if you went before the Board last month or previous months, I will still need you to register to speak at the meeting, if you do not register you will not be able to call in and the Board can either Postpone or Deny your case. Also the deadline for Presentations was yesterday, but because it was a City Holiday, IT is giving us to 3p.m. today to turn in all Presentations, please e-mail me your Presentation as well before 3p.m. today along with Speaker Registration information. Please read this entire e‐mail The deadline to submit Speaker Information (who will speak at the meeting and/or available for questions) is Tuesday, July 6th, before 3p.m. 2 E-1/16July 12th BOA Deadlines Please make sure that when submitting the Advanced Packet and the Presentation that each is labeled as such The deadline for Opposition and Support letters is Mon. July 12th, before 9:00a.m. Applicant Speaker Registration: If you will be speaking/giving presentation or be on the list for the Board to possibly call on you for questions I will need the following information: No late Speakers will be accepted after 3p.m. on Tues. July 6th. 1. Name of speaker (Primary) to give presentation on BOA Case, are you the applicant, Homeowner, Land Surveyor, Architect, etc. I will need the primary speaker listed as Primary. 2. Addtl. possible Speakers name(s) and who they are 3. Address of BOA Case 4. Case # 5. 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 July 12th, 2021 to speak at the meeting (it cannot be a different number, your call will not be accepted). Once you send me the number it cannot be changed, it is sent to City Clerk’s office to accept the calls E-mail Address, it will need to be an e-mail address that the Speaker will be able to easily access his/her e- mails? 6. Please note: Any late support that will be accepted after this deadline date of June 25th, 2021 will only be for Opposition and Support letters for this case. Support and Opposition Letters can be received up to Monday, July 12th, before 9a.m. in order for the Board to have access to them during the meeting. Anything after the deadline will not be viewed by the Board but will be added to the BCIC website. 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 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 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. 3 E-1/17E-1/18E-1/19Molly Nefkens Wednesday, July 07, 2021 9:30 PM Ramirez, Elaine Comments for hearing on case # C15-2020-0038 Please include these comments in the hearing relating to case# C15-2020-0038: We are the owners of 1403 Possum Trot Street. We are not opposed to the new owners of 1409 Possum Trot creating 2 lots from the current single lot. We understand that the stand alone single dwelling at the back of the property is currently not in compliance with the city’s 10 feet set back regulation, and that this will be overlooked in creating the additional lot. This is not a problem so long as this 5 foot set back is not viewed by owner or city as a precedent which can be perpetuated should construction or renovations take place now or in the future. If this new variance allows the owners to bypass city mandated set back distances in the future for new construction or for renovations, then we do oppose this variance. Ramirez, Elaine From: Sent: To: Subject: Hi Elaine, Sincerely, Molly & Mike Nefkens 650-644-5053 On Jul 7, 2021, at 7:31 AM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Good morning Molly, As stated before the Applicant’s contact information is there in case the public has further questions and wishes to contact the applicant to gather more information. If you have any support comments or opposition comments you want the Board to read/see you can forward that to me and label as such. As stated on the Notice you will need to submit that to me before 9a.m., Monday, 7/12 in order for the Board to view it at the meeting. 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> 1 E-1/20PER 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: Molly Nefkens [m Sent: Tuesday, July 06, 2021 6:44 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: case # C15‐2020‐0038, 1409 Possum Trot Street Okay, thanks. The documents only show phone numbers of the applicants but not emails. Is it okay if I phone them to make inquiries? And are you able to pass along my comments to the hearing on the 12th or I must I provide my comments via a different path? Thanks, Molly On Jul 6, 2021, at 4:38 PM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Hi Molly, If you have questions on what the applicant is proposing to do, you can contact them directly. Applicant contact information is on the Notice for anyone that may have further questions for them. The Liaisons are not Plan Reviewers so we do not know what they are proposing to do, in other words we are not part of the Plan Review process. 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: Molly Nefkens [m Sent: Tuesday, July 06, 2021 3:44 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: case # C15‐2020‐0038, 1409 Possum Trot Street Hi Elaine, 2 E-1/21Thanks for the link with further info about this variance request. I need a little help further understanding if this petitioner wants to do construction (does not appear so) or if they are merely asking to divide the lot and leave things as-is? We would be fine with this, but not fine with anything that would establish a precedent for any future construction on this lot. In other words, fine to leave things as-is and divided the lot into 2 parcels, but if later renovations or construction occur, those improvements must meet current code. Can you please advise if I am understanding this correctly? Thanks, Molly On Jul 6, 2021, at 12:27 PM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Hi Molly, You can view all that is submitted for the above case at the following linkhttps://www.austintexas.gov/cityclerk/boards_commissions/meetings /15_1.htm , it is item # D-1. Once you have taken a look you can e-mail your Support or Opposition for this case. Please note: Any late support, Support and Opposition Letters can be received up to Monday, July 12th, before 9a.m. in order for the Board to have access to them during the meeting. Anything after the deadline will not be viewed by the Board but will be added to the BCIC website. 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: Molly Nefkens [m Sent: Tuesday, July 06, 2021 11:01 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: case # C15‐2020‐0038, 1409 Possum Trot Street 3 E-1/22*** External Email - Exercise Caution *** Hi Elaine, I am the homeowner at 1403 Possum Trot Street and understand there will be a hearing on July 12th regarding approving a new rear setback for the property at 1409 Possum Trot Street. I investigated this issue online but am still unsure of what is being decided. Is this a ruling to allow the setback to remain as it is outside of the 10 foot minimum requirement or is the city asking the new owner to come into compliance and remove the dwelling to make it within the 10 foot setback requirement? We would not seek to have the new owner remove any existing structures, however we are opposed to allowing additional construction that would be less than the code allowance of 10 feet minimum setback. And, we are opposed to any decision which would allow future construction the right to a reduced setback. Are you able to help us better understand what is being asked for by the new owner of this property? I am traveling outside the country at the time of the Monday July 12th hearing and will not be able to join by zoom to hear/participate, so any advance information you are able to provide is appreciated. Thanks and best regards, Molly Nefkens 650-644-5053 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. 4 E-1/23Wednesday, July 07, 2021 Hi Elaine, Please include these comments in the hearing relating to case# C15-2020-0038: We are the owners of 1403 Possum Trot Street. We are not opposed to the new owners of 1409 Possum Trot creating 2 lots from the current single lot. We understand that the stand alone single dwelling at the back of the property is currently not in compliance with the city’s 10 feet set back regulation, and that this will be overlooked in creating the additional lot. This is not a problem so long as this 5 foot set back is not viewed by owner or city as a precedent which can be perpetuated should construction or renovations take place now or in the future. If this new variance allows the owners to bypass city mandated set back distances in the future for new construction or for renovations, then we do oppose this variance. Sincerely, Molly & Mike Nefkens 650-644-5053 E-1/24