ITEM 6 C15-2022-0043 ADV PACKET PART1

Board of Adjustment – Sept. 12, 2022

ITEM 6 C15-2022-0043 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item-6 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0043 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____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; Aug 8, 2022 Due to lack of board members applicant requests to postpone, Chair Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO September 12, 2022. FINDING: ITEM 6/11. 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 forITEM 6/2updated Hardship - 8/20/2022 ITEM 6/3updated Hardship - 8/20/2022 The lot is 14,027 with a 1954 home. The lot size is large enough to allow a subdivision, but for this site, the placement of the existing 1954 home would be 10 inches into the new required setback. If the home had been built just 10 inches closer to 38th street, this would not be a problem. Preserving the home is important to the area character and desired by the owners. In order to subdivide the lots without a variance, the house would have to be demolished. There is no way to preserve the house without a variance according to our Subdivision Engineer (email attached). And without a variance a demolition is required according to the city (email attached). Because of the placement of the existing home, it is only possible to have a 9 foot 2 inch rear setback, but a ten foot setback is required by the zoning code. Therefore, we are asking for a variance of only one foot. Without this one-foot variance, the city will require us to do a demolition in order to subdivide. We want to avoid a demolition to subdivide the lot, and instead preserve the existing home that is a part of the area character. Its a cute house that adds to the character of the neighborhood. The property is twice the size of many other lots in the area and has frontage on two streets. The placement of the existing home (built in 1954) is just 10 inches from a placement that would allow reasonable and legal use of the property (subdivision). Without a one foot variance, the subdivision would still be allowed, but the home would have to be demolished. The current home is suitable for habitation and is part of the fabric of the community. Preserving the existing home is strongly desirable to maintain the area's character. The width of the new lot (Lot 2) created from the subdivision is as small as it can be and still meet city code. Therefore, a new lot cannot be created in a way that avoids this setback issue (unless the house is demolished). This lot is large (about twice the size as most lots) and has frontage on 2 streets - two characteristics many of the area properties do not have. The original placement of the 1954 home is only 8 inches away from a placement that would not require a variance. ITEM 6/4updated Area Character - 8/20/2022 Several of the properties within blocks are not complying with their rear setback (see attached). Additionally once the property is subdivided it will actually be more similar to the sizes of the surrounding lots in the area (around 7000 sq ft). ITEM 6/58/20/2022 8/20/2022 78701 78701 Eric Goﬀ 600 Congress Ave, Suite 1400 512-632-7013 ITEM 6/6Neighboring setback encroachments & lots ITEM 6/7COA Subdivision Reviewer Email ITEM 6/8Engineer Email SERVANT ENGINEERING & CONSULTING, PLLC 12000 Manchaca Rd Suite C Austin, Texas 78748 F-16504 Tel. 512-368-5251 July 22, 2022, Board of Adjustment Development Services Department City of Austin 6310 Wilhelmina Delco Dr Austin, TX 78752 Variance Request – Support Document Liberty and 38 509 E 38th Street Austin, Texas 78705 To whom it may concern, The owner of the above-mentioned property is seeking to do two single family lot re-subdivision. The existing site is legal by land status. The site consists of 14,000 square feet and it is currently developed with a single family home., However the house is located in such position that once a new lot line is created, it will not comply with the 10 ft rear setback. The house will be within 9.37 ft of the new lot line. The minimum lot width is 50 ft for SF-3 zoning and that is the proposed lot with for new lot facing Liberty Street. The proposes subdivision can not be approved without a variance for the existing house to stay within the 10 ft setback of the new lot line (9.37 ft) or if variance is not granted, the house (or portion of it) will need to be demolished/removed. We need to get this variance approved prior to subdivision approval/submittal as a prerequisite for subdivision plat application. Proposed plat (cid:68)(cid:81)(cid:71)(cid:3) (cid:71)(cid:72)(cid:80)(cid:82)(cid:79)(cid:76)(cid:87)(cid:76)(cid:82)(cid:81)(cid:3) (cid:83)(cid:79)(cid:68)(cid:81)(cid:3) is attached for reference. Should you have any questions, please contact me at (512) 368-5251 or via email at mauricio@servanteng.com. Sincerely, Mauricio Quintero-Rangel, P.E. cc: encl.: file Subdivision Plat 1 ITEM 6/9ITEM 6/10CITY 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 6/112. (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 6/12____________________________________________________________________________ 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 6/13____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ - - 1. 2. 3. 4. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application | Page 6 of 8 ITEM 6/14ITEM 6/15ITEM 6/16ITEM 6/17CITY 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 6/183. 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 6/19From: 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 6/20CITY 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 6/213. 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 6/22May 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 ITEM 6/23BOA GENERAL REVIEW COVERSHEET 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 6/24May 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 6/25! ! ± 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 6/26ITEM 6/27ITEM 6/28ITEM 6/29ITEM 6/30ITEM 6/31ITEM 6/32ITEM 6/33ITEM 6/34ITEM 6/35ITEM 6/36ITEM 6/37* * * 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 6/38Sista 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 6/39ITEM 6/40