E-1 C15-2020-0038 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday July 11, 2022 CASE NUMBER: C15-2020-0038 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (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 July 11, 2022 -RENOTICE: 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 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with condition that this variance only applies to the existing duplex structure located at 1409 Possum Trot, if structure is demolished the variance is rescinded; Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITION THAT THIS VARIANCE ONLY APPLIES TO THE EXISTING DUPLEX STRUCTURE LOCATED AT 1409 POSSUM TROT, IF STRUCTURE IS DEMOLISHED THE VARIANCE IS RESCINDED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the property was built in 1942 as a duplex and a single family residence on the same property 2. (a) The hardship for which the variance is requested is unique to the property in that: the tract was then annexed into the City of Austin four years later, on March 14, 1946, the property is not platted lot, but the COA issued a Land Status Determination on Sept. 27, 2002, the new property owner wishes to plat the property as two lots in order to bring it into conformance with the existing SF-3 zoning. (b) The hardship is not general to the area in which the property is located because: None of the surrounding properties have three residential units on a single SF-3 zoned tract lot. 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: the existing structures have existed in their current locations on the property since 1942. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for