ITEM-6 C15-2022-0043 ADV PACKET — original pdf

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Item-6/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) OUT _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH ST 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 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: Item-6/2 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 Item-6/3 ____________________________________________________________________________ Land Development Code, Section 25-2-492, Site Development Regulations for a rear yard ____________________________________________________________________________ setback of 10-ft (required) to 9-ft (requested) ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ a) b) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application | Page 5 of 8 Item-6/4 ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ - - 1. 2. 3. 4. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application | Page 6 of 8 Item-6/5 Item-6/6 Item-6/7 Item-6/8 CITY OF AUSTIN Board of Adjustment Decision Sheet G-3 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0043 ___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: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH ST 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 9 feet (requested) in order to maintain an existing Single- Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) -3-CO- BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. POSTPONED TO JUNE 13, 2022 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: Item-6/9 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 Item-6/10 From: To: Cc: Subject: Date: Attachments: lisa gray Ramirez, Elaine Ramirez, Diana Re: July 11th, 2022 Presentation & Virtual Speaker registration deadline Wednesday, June 29, 2022 12:56:34 PM image001.png image002.png image003.png *** External Email - Exercise Caution *** Hi! Could we request a postponment? We are working on getting a letter from Preservation Austin and rewording our hardship. Thanks, Lisa On Monday, June 27, 2022, 07:16:38 AM CDT, Ramirez, Elaine <elaine.ramirez@austintexas.gov> wrote: Good morning Applicants on the Mon. July 11th, 2022 BOA mtg. Agenda, Please read this entire e-mail The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is Friday, July 1st, before 3p.m. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) Presentation: If you would like the Board to follow along with you as you are giving your presentation (You will have 5 minutes to hone in on the main aspects of the case as you are presenting the case to the Board), you will need to have your Presentation completed and sent to me in PDF Item-6/11 CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0043 _______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: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH ST 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 9 feet (requested) in order to maintain an existing Single- Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) -3-CO- BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT POSTPONED TO JUNE 13, 2022 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: Item-6/12 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 Item-6/13 May 11, 2022 Lisa Gray 3530 Bee Caves Rd #218 Austin TX, 78746 Re: C15-2022-0043 Dear Lisa, Property Description: 100X140FT BLK 3 OLT 7-8 DIVISION C Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-492 at 509 E 38th Street. 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 BOA GENERAL REVIEW COVERSHEET Item-6/14 CASE: C15-2022-0043 BOA DATE: May 9th, 2022 ADDRESS: 509 E 38th St OWNER: Red Door LLC, Lisa Gray COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-CO-NP (Hancock NP) LEGAL DESCRIPTION: 100X140FT BLK 3 OLT 7-8 DIVISION C VARIANCE REQUEST: decrease the minimum rear yard setback from 10 feet to 9 feet SUMMARY: maintain an existing Single-Family Residence ISSUES: structure(s) is an existing non-complying structure ZONING LAND USES Site North South East West SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council CANPAC Central Austin Community Development Corporation Friends of Austin Neighbors Hancock Neighborhood Assn. Homeless Neighborhood Association Neighborhood Empowerment Foundation Preservation Austin SELTexas Sierra Club, Austin Regional Group Item-6/15 May 5, 2022 Lisa Gray 3530 Bee Caves Rd Austin TX, 78746 Re: C15-2022-0043 Dear Lisa, Property Description: 100X140FT BLK 3 OLT 7-8 DIVISION C Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-492 at 508 E 38th Street. Austin Energy cannot release the rear yard setback at this time due to our existing facilities along the rear of this site. Any permanent structure on this lot is required to meet 10’ clearance from the outside conductor of the overhead electric distribution line along the rear lot line. To approve this variance request, AE will need proof (site plan or survey showing distances, etc.) that this clearance will be met. Also, any proposed or existing improvements must 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 cody.shook@austinenergy.com (512) 322-6881 Item-6/16 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0043 509 E 38TH STREET 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 and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Item-6/17 Item-6/18 Item-6/19 Item-6/20 Item-6/21 Item-6/22 Item-6/23 Item-6/24 Item-6/25 Item-6/26 Item-6/27 Item-6/28 * * * 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 * * * D a t e : S u b j e c t : F r o m : C 1 5 - 2 0 2 2 - 0 0 4 3 W e d n e s d a y , M a y 0 4 , 2 0 2 2 3 : 1 2 : 5 4 P M 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 . Item-6/29 Sista Irie Easement hearing for May 9 Wednesday, May 04, 2022 4:28:33 PM *** External Email - Exercise Caution *** From: To: Subject: Date: Hi Elaine, I was contacted by a close neighbor regarding a new owner on the block who is requesting an easement change from the City and has a hearing slated for May 9. The owner is Red Door LLC. There are three 'side by side' neighbors who live on this block and have some initial objections. I mistakenly threw out my objection form. We would like to ask for the hearing to be rescheduled so in order to request a meeting with Red Door LLC and ask for more information regarding the project. It is quite possible the meeting will allow us to stop the objections so it is important to everyone that we speak as a group. One of the neighbors who lives right behind them is reaching out to them later today to set up a time. Please let me know how to delay the hearing while we speak with the applicants and make sure we are all comfortable with any changes to the current City guidelines. Thank you, Beverly Shaw 512.619.1239 Beverly "Sista Irie" Shaw Media Professional, Photojournalist, Radio Broadcaster Community Radio Consultant Majesty Media, Island Stage Magazine, United Reggae 502 Texas Ave, Austin, Texas 78705 512.619.1239 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. Item-6/30 Item-6/31 From: To: Subject: Date: Abbey Ames Ramirez, Elaine Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Thursday, May 05, 2022 1:46:14 PM *** External Email - Exercise Caution *** Hi Elaine, I am emailing about the following permit/case: Permit/Case: 2022-000032 BA Reference File Name: C15-2022-0043 Address: 509 E 38th Street I would like to request a delayed hearing. I have tried to contact the applicant with questions I have regarding her exemption request. I have not heard back, so I do not believe I could give a well-informed opinion at the upcoming meeting about agreement/objection. Can you let me know you received this? If there is anything else I need to do, please let me know. Best, Abbey Ames 508 Texas Ave. Austin, tx 78705 713-444-0272 Sent from my iPhone 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. Item-6/32 From: To: Cc: Subject: Date: Attachments: Sista Irie Ramirez, Elaine Request for Postponement Thursday, May 05, 2022 3:39:52 PM city.pdf *** External Email - Exercise Caution *** Hello Elaine, Please find attached my copy of a request to postpone the hearing on May 9 regarding an Easement request for Lisa Gray at Red Door LLC. The property in question is at 509 E 38th Street and can be found by Case Number C15-2022-0043. The request for postponement is being made because the neighbors closest to this property do not feel we have enough information to allow the request to be approved without us further understanding what it is they are proposing to build. There are young children who live right behind this house and long time home owners who greatly value the less density of our neighborhood, keeping the noise to a minimum and to not encourage additional traffic. People already cut through this very intersection to avoid the Duval light. Anything that will encourage more unnecessary residential traffic is a reduction in quality of life while our property taxes increase at a wildly out of control rate. Please accept this form as my request for a postponement in an effort to allow the impacted neighbors to meet with the applicant in an effort to understand the reason for the request. Warm regards, Beverly Gould Show Radio host and producer, photojournalist Co-owner Majesty Media Publicity Texas Ave Homeowner since 1993. 512-619-1239 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. Item-6/33 From: To: Subject: Date: Attachments: Abbey Ames Ramirez, Elaine Re: Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Sunday, July 10, 2022 11:41:01 PM image001.png *** External Email - Exercise Caution *** Hi Elaine, I was planning on attending tomorrow's meeting in reference to file C15-2022-0043. Unfortunately I have had to go out of town unexpectedly and won't be able to attend. Could you please add the following to be included in the discussion? Please let me know you received it and will be included. Thanks, Abbey 713-444-0272 To Whom It May Concern, My name is Abbey Ames and I live at 508 Texas Ave, which backs up to 509 E 38th Street. I oppose the proposal for code variance as they have created this conflict with their drawn subdivision plans. Ultimately, I am concerned how this plan would allow them to easily subdivide the lot into a north and south lot. By doing so, the house they intend to build (on south lot) will be closer to my property line and backyard. There have been some drawings of the current property that indicate trees in "poor health" (on the southernmost property line). I am concerned that, in order to build a house on the proposed southern lot, they will seek to eliminate such tree. They do not appear sick to my untrained eye and I know the city does a wonderful job protecting trees, but I am concerned it will continue to decrease the privacy and charm of neighborhood. I spoke with applicant who said they avoid tearing down trees, but I'm not sure how they can build a house on the south lot without removing some of the existing trees. Lastly, With the lots not facing 38th, there will be increased parked cars & therefore traffic on Liberty Street, which can already get congested. I recognize the lot can be subdivided. Though I believe their proposed plans will negatively impact my home's value and privacy, which is why I am opposed to the code variance. Sincerely, Abbey Ames Sent from my iPhone On May 5, 2022, at 1:52 PM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Item-6/34 Hi Elaine, I am emailing about the following permit/case: Permit/Case: 2022-000032 BA Reference File Name: C15-2022-0043 Address: 509 E 38th Street I would like to request a delayed hearing. I have tried to contact the applicant with questions I have regarding her exemption request. I have not heard back, so I do not believe I could give a well-informed opinion at the upcoming meeting about agreement/objection. Can you let me know you received this? If there is anything else I need to do, please let me know. Best, Abbey Ames 508 Texas Ave. Austin, tx 78705 A 713-444-0272 Sent from my iPhone 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. 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.