ITEM 9 C15-2022-0061 ADV PACKET PART1

Board of Adjustment – Sept. 12, 2022

ITEM 9 C15-2022-0061 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0061 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____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: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez 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 postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 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: ITEM 9/1 (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 9/2August 26, 2022 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re. Request for Second Postponement: Case No. C15-2022-0061; Request for Side Yard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702 On behalf of the owner of the above referenced Property, we respectfully request an additional postponement of the case to October 10th to allow additional time to continue our discussions with the neighboring property owner and the East Cesar Chavez Neighborhood Plan Contact Team. We have begun discussions with them regarding a workable resolution of this matter and need some additional time to complete those discussions and provide them with plans. Attached to this letter are emails documenting those ongoing discussions with neighbors, as well as the previous case information requested by the Board at the July 11th meeting. Sincerely, Nikelle Meade ITEM 9/3From: Cort Chalfant Sent: Monday, August 8, 2022 12:04 PM To: Bryce Allison Subject: RE: C15‐2022‐0061 / 1401 E 3rd St Good morning Bryce, Do you have time for a quick call in the next day or two? Thx. JVCC 1 ITEM 9/4Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net From: Cort Chalfant Sent: Wednesday, July 13, 2022 9:50 AM To: Bryce Allison Subject: RE: C15‐2022‐0061 / 1401 E 3rd St Thanks very much for contacting me this morning. David, JVCC Further to your suggestion about a possible sale of your property, let me know what number works for you. We can quickly decide if we would want to factor that into the planning that we’re otherwise doing. If it works, great. If it’s too rich then we will simply work on our plans for a repurposing of our property while being sure to keep you and the HOA informed. I really appreciate your return call. Let’s keep in touch. P.S. – I return from well‐deserved time off on 7/30 but, I will be monitoring email and texts periodically while gone. Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 2 ITEM 9/5809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net From: Bryce Allison < Sent: Wednesday, July 13, 2022 9:38 AM To: Cort Chalfant Subject: Re: C15‐2022‐0061 / 1401 E 3rd St > Hi Alecia and Cortland, Thanks, David Allison 512‐522‐2792 Hi David, I wanted to make sure you had my contact information. Please feel free to reach out if you'd like to discuss the case. On Tue, Jul 12, 2022 at 3:47 PM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: I am reaching out to you to try and facilitate contact between you and the Owner/Agent of 1401 E 3rd St. The Agent – Alecia Mosadomi with Husch-Blackwell has reached out to me and would like to have communication with you on the above BOA case #/address as soon as possible. You can reach out to either the Owner or Agent or both to start these conversations. Owner: Cortlandt Chalfant 512-230-9867 Agent: Alecia Mosadomi 512-417-2083 3 ITEM 9/6 Yay! JVCC From: Cort Chalfant Sent: Friday, August 12, 2022 1:12 PM To: Eric Ryan Pace Cc: Kristen Heaney < Subject: RE: Initial Contact Re: 1401 E. 3rd Street Kristen, Eric and Cort at 1:30. Zoom invite is already in your inbox. See you then. Thanks! 1 ITEM 9/7Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net From: Eric Ryan Pace Sent: Friday, August 12, 2022 1:11 PM To: Cort Chalfant < Cc: Kristen Heaney Subject: Re: Initial Contact Re: 1401 E. 3rd Street I’ll be able to join. ‐ep Eric and Kristen, On Fri, Aug 12, 2022 at 12:02 Cort Chalfant < wrote: Very sorry for not responding yesterday. Was on the road all day. I am available from now thru 3 pm today if you can happen to hop on a call. Thx. JVCC 2 > ITEM 9/8Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net From: Eric Ryan Pace <e Sent: Thursday, August 11, 2022 11:54 AM To: Cort Chalfant Cc: Kristen Heaney < Subject: Re: Initial Contact Re: 1401 E. 3rd Street > >; Mosadomi, Alecia < Hi Cort, do you have availability tomorrow between 12‐2pm? ‐rp On Mon, Aug 8, 2022 at 1:20 PM Cort Chalfant wrote: Groovy. Will wait to hear from Eric. 3 ITEM 9/9Thx. JVCC Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net From: Kristen Heaney < Sent: Monday, August 8, 2022 12:26 PM To: Cort Chalfant > 4 ITEM 9/10Cc: Eric Ryan Pace < Subject: Re: Initial Contact Re: 1401 E. 3rd Street ; Mosadomi, Alecia > Thanks Cort. And to be clear I’m available after those times as well. Eric, please chime in. On Aug 8, 2022, at 12:10 PM, Cort Chalfant wrote: Thanks for circling back so promptly. Zoom works fine for me, too. As of right now, I can make either of your Tuesday (tomorrow) at 10:30 or Wednesday at 2:30. In both cases, I’m limited to 30‐mins but, I can’t image we would need more than about 15‐20 minutes anyway… I’ll wait to hear back from Eric and circulate a zoom invite thereafter. Kristen, Best, JVCC <image001.png> Real Estate Loans at the Speed of Business! 5 ITEM 9/11Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net <image002.png> From: Kristen Heaney <k Sent: Monday, August 8, 2022 12:04 PM To: Cort Chalfant < Cc: Eric Ryan Pace < Subject: Re: Initial Contact Re: 1401 E. 3rd Street Mosadomi, Alecia Hello Cort, While I do love an in person meeting it may be easiest to plan this on zoom. My availability this week is as follows. Eric, I’d love to have you. There as well so please follow up with your workable times. TU 8/9 ‐ After 10:30 AM W 8/10 ‐ After 2:30 PM TH 8/11 ‐ After 10:30 AM 6 ITEM 9/12Cheers! Good morning Eric, On Aug 8, 2022, at 11:41 AM, Cort Chalfant t> wrote: Just a quick follow up. I think I gave you the courtesy last week of setting the date and time for a short meet & greet. Please let me know if you can find 30‐mins this week to connect either on site or anywhere of your choice. Additional notes as follows:  Purpose for the preliminary meet & greet is: o You can meet me and I can meet you and Kristen. I’m a believer in personal rapport. o I can bring you up to speed briefly on our sob story. – Not that we’re asking for any special favors but, we’re transparent and you will learn about some of the constraints we’re wrestling with. They are relevant from a design development perspective. o I can listen. Specifically, your preliminary input will be factored into our design development. – I prefer not to put pen to paper without first getting fundamental input from the neighborhood. Otherwise, we can end up having to make major modifications to concepts that invest a lot of time into developing needlessly (if they are not ultimately endorsable for the neighborhood).  Our architect is not able to generate sufficient exhibits in time for us to make your August 17th agenda. They would have to come up with concepts, I would have to bless them and in both cases, we have no specific feedback from you and other neighbors yet. With that in mind, can I kindly ask you to pull us from the August 17th agenda, assuming we were on one?  Since we will not have advanced the ball far enough with neighborhood stakeholders by late August, we will either withdraw our variance request with the city or request a continuance on September 12th. We will not pursue any variance without sufficiently engaging neighborhood stakeholders. O.k., there’s a short update. Please circle back with a meeting date that works for you and Kristen when you can, please. All the best, 7 ITEM 9/13JVCC <image001.png> Real Estate Loans at the Speed of Business! Cortlandt (Cort) Chalfant Managing Member 809 S. Lamar, Suite D Austin, TX 78704 (m): (512) 230‐9867 www.nexuslending.net Texas R.E. Agent License #659349 Willing to write a Google Review? We would appreciate it! Click here: https://g.page/nexusprivatecapital/review?gm <image004.png> From: Eric Ryan Pace < Sent: Tuesday, August 2, 2022 8:36 PM To: Cort Chalfant <c Cc: Kristen Heaney ; Mosadomi, Alecia Subject: Re: Initial Contact Re: 1401 E. 3rd Street 8 ITEM 9/14Hi Cort, Best, ‐ep Greetings Eric, Absolutely, I’m happy to help. Did you have a day/timeframe in mind? I have a busy schedule these days, but we should be able to find a time that works. Also would be great to include our land use committee chair, Kristen Heaney (cc’d), if she’s available. On Tue, Aug 2, 2022 at 16:44 Cort Chalfant wrote: I received your contact information from Alecia Mosadomi, Husch Blackwell, who we have retained to assist with redevelopment of the property identified above. As you probably learned from her, our company is the reluctant owner of the property (we’re actually a lender that took possession of the property thru foreclosure). We (I) operating in a way that is very different from the prior owner. We pride ourselves on transparency and collaboration, which explains why you received a call from Alecia and now me. We are at the front‐end of planning work for the property and would like to expand our lines of communication with the neighborhood. With that in mind, would you be willing to meet me briefly so you can get a clear update on both history and our preliminary thinking/plans? Obviously, the more we hear directly from you and neighbors, the better we can produce a project that adds value to the neighborhood. – A goal that is important to me as I’m sure it is to you. Thanks for volunteering with the neighborhood association. I look forward to your thoughts. Best, 9 ITEM 9/15JVCC <image001.png> Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net <image002.png> 10 ITEM 9/16From: Cort Chalfant Sent: Tuesday, August 16, 2022 4:49 PM To: Subject: thanks! Greetings Kristen and Eric, Thanks very much for your time last Friday. I appreciate your giving me a chance to meet you “in person”. Question: What is the time and location for the Neighborhood meeting tomorrow? I plan on attending to say hello/meet & greet. Best, JVCC 1 ITEM 9/17Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net 2 ITEM 9/18 From: Kristen Heaney Sent: Thursday, August 18, 2022 11:14 AM To: Tomas Espinoza Cc: Cort Chalfant <c Subject: Re: Eastside Meeting Eric Ryan Pace My apologies. I forwarded an email that had been previously circulated with the meeting details and it used the word “tomorrow” which caused confusion. The agenda states the correct date of 8/17/2022 which I believe we shared with Cort in our phone call last week. Our general meetings are always the third Wednesday of the month. We’re looking forward to learning more about the projects progress and any specific asks you have of the team In September. 1 ITEM 9/19On Aug 18, 2022, at 11:09 AM, Tomas Espinoza > wrote: I asked yesterday at what time the meeting will be held and your response stated it was going to be today. Hello ECC Neighbors, The August ECC NPCT general meeting will be held tomorrow in a HYBRID format:   In-person at KMFA Studio located at 41 Navasota St, AND Virtually via this Zoom link: https://us02web.zoom.us/j/88307040492. Kristen, Thanks, Tomas From: Kristen Heaney Sent: Thursday, August 18, 2022 10:49 AM To: Cort Chalfant > Cc: Tomas Espinoza Subject: Re: Eastside Meeting Eric Ryan Pace The meeting was last night, friends. We shared an update on your project and have added you to our agenda for September On Aug 18, 2022, at 10:15 AM, Cort Chalfant <c wrote: Thanks Kristen, See you there. JVCC <image001.png> Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net 2 ITEM 9/20<image002.png> From: Kristen Heaney < Sent: Wednesday, August 17, 2022 2:36 PM To: Tomas Espinoza < Cc: Eric Ryan Pace < Subject: Re: Eastside Meeting ; Cort Chalfant 6 PM On Aug 17, 2022, at 2:24 PM, Tomas Espinoza wrote: Kristen, What time is the meeting at? Sent from my iPhone On Aug 17, 2022, at 2:20 PM, Kristen Heaney < > wrote: Hello ECC Neighbors, The August ECC NPCT general meeting will be held tomorrow in a HYBRID format:   In-person at KMFA Studio located at 41 Navasota St, AND Virtually via this Zoom link: https://us02web.zoom.us/j /88307040492. The meeting agenda is available online here, which includes updates from the Austin Transportation Department and RBJ Redevelopment. Also of note, we've invited each of the District 3 City Council candidates to introduce themselves at our September 21 general meeting. If you have not had a chance to visit KMFA's new home, I encourage you to take this opportunity 3 ITEM 9/21to visit the studio + engage with ECC neighbors. The meeting conference room is 788 square feet and provides ample space for attendance. On the other hand, if you're not a people person or don't have the capacity to attend in person, the virtual experience is relatively seamless thanks to new technology. In either case, I look forward to seeing everyone tomorrow evening! Please don't hesitate to contact me if you have any questions. Best, Eric Pace, Chair ECCNPCT 2022 General Meeting Dates August 17 September 21 - District 3 Candidates October 19 November 16 December 21 On Wed, Aug 17, 2022 at 11:57 AM Tomas Espinoza < wrote: Eric & Kristen, My I have the address where the meeting will be held today? Thanks 4 ITEM 9/22From: Cort Chalfant Sent: Thursday, August 25, 2022 11:12 AM To: Bryce Allison E. 3rd Street Good morning David, This is just a quick two‐part note: (a) thanks for calling me back late last week regarding an update on 1401 E. 3rd Street and for your feedback on our plans. We appreciate both very much. (b) I have a meeting with our architects tomorrow late morning to see their concept plans for the property for the first time. We have been collaborating closely so, I suspect I’ll like what I see. – Given our relatively tight schedule prior to the next Board of Adjustment meeting, etc. would you have time either late tomorrow, over the weekend or early next 1 ITEM 9/23week where I can show you what the architects have thus far come up with? I don’t want to overly impose on your time but, we value your input very much. Thanks again for working with us on this. We appreciate your input. Best, JVCC Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net 2 ITEM 9/24From: Cort Chalfant Sent: Thursday, August 25, 2022 3:20 PM To: Kristen Heaney < Cc: Eric Ryan Pace <e Subject: RE: Eastside Meeting Thanks Kristen, ; Tomas Espinoza Best, JVCC 1 Also, fyi, I’m meeting with Becky and Alfredo tomorrow to see their work product for the first time. We have been collaborating closely so I suspect I’ll like what I see. Assuming that holds up, I would love to put it in front of you and Eric for feedback either late tomorrow or early next week. Would that work for you? ITEM 9/25Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net From: Kristen Heaney <kr Sent: Thursday, August 25, 2022 1:11 PM To: Tomas Espinoza <t Cc: Cort Chalfant <c Subject: Re: Eastside Meeting > Yes, we are maintaining a hybrid option: ; Eric Ryan Pace <e In-person at KMFA Studio located at 41 Navasota St, AND  Virtually via this Zoom link: https://us02web.zoom.us/j/88307040492. On Aug 25, 2022, at 10:54 AM, Tomas Espinoza <tomas@nexuslending.net> wrote: What is the location of the meeting on September 21st? Is it the same location always? Kristen, Thanks, Tomas From: Kristen Heaney Sent: Thursday, August 18, 2022 11:14 AM To: Tomas Espinoza <t Cc: Cort Chalfant <c Subject: Re: Eastside Meeting > >; Eric Ryan Pace <e > 2 ITEM 9/26My apologies. I forwarded an email that had been previously circulated with the meeting details and it used the word “tomorrow” which caused confusion. The agenda states the correct date of 8/17/2022 which I believe we shared with Cort in our phone call last week. Our general meetings are always the third Wednesday of the month. We’re looking forward to learning more about the projects progress and any specific asks you have of the team In September. On Aug 18, 2022, at 11:09 AM, Tomas Espinoza t> wrote: I asked yesterday at what time the meeting will be held and your response stated it was going to be today. Hello ECC Neighbors, The August ECC NPCT general meeting will be held tomorrow in a HYBRID format:   In-person at KMFA Studio located at 41 Navasota St, AND Virtually via this Zoom link: https://us02web.zoom.us/j/88307040492. Kristen, Thanks, Tomas From: Kristen Heaney Sent: Thursday, August 18, 2022 10:49 AM To: Cort Chalfant < Cc: Tomas Espinoza <t ; Eric Ryan Pace The meeting was last night, friends. We shared an update on your project and have added you to our agenda for September On Aug 18, 2022, at 10:15 AM, Cort Chalfant < wrote: t> Thanks Kristen, See you there. JVCC 3 ITEM 9/27<image001.png> Real Estate Loans at the Speed of Business! Cortlandt (“Cort”) Chalfant Managing Member 809 S. Lamar Blvd., Suite D Austin, TX 78739 (512) 230‐9867 www.nexuslending.net <image002.png> From: Kristen Heaney < Sent: Wednesday, August 17, 2022 2:36 PM To: Tomas Espinoza Cc: Eric Ryan Pace < Subject: Re: Eastside Meeting > > ; Cort Chalfant 6 PM On Aug 17, 2022, at 2:24 PM, Tomas Espinoza < > wrote: Kristen, What time is the meeting at? Sent from my iPhone On Aug 17, 2022, at 2:20 PM, Kristen Heaney < wrote: > Hello ECC Neighbors, 4 ITEM 9/28The August ECC NPCT general meeting will be held tomorrow in a HYBRID format:   In-person at KMFA Studio located at 41 Navasota St, AND Virtually via this Zoom link: https://us02 web.zoom.us/j/883070404 92. The meeting agenda is available online here, which includes updates from the Austin Transportation Department and RBJ Redevelopment. Also of note, we've invited each of the District 3 City Council candidates to introduce themselves at our September 21 general meeting. If you have not had a chance to visit KMFA's new home, I encourage you to take this opportunity to visit the studio + engage with ECC neighbors. The meeting conference room is 788 square feet and provides ample space for attendance. On the other hand, if you're not a people person or don't have the capacity to attend in person, the virtual experience is relatively seamless thanks to new technology. In either case, I look forward to seeing everyone tomorrow evening! Please don't hesitate to contact me if you have any questions. Best, Eric Pace, Chair ECCNPCT 2022 General Meeting Dates August 17 September 21 - District 3 Candidates October 19 November 16 December 21 5 ITEM 9/29On Wed, Aug 17, 2022 at 11:57 AM Tomas Espinoza < > wrote: Eric & Kristen, My I have the address where the meeting will be held today? Thanks 6 ITEM 9/30CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday May 11, 2020 CASE NUMBER: C15-2020-0020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___*____William Hodge (abstained) ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jennifer Hanlen OWNER: Durham Trading Partners XII, LLC ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: currently under construction, layout error BOARD’S DECISION: BOA meeting April 13, 2020 CANCELLED MEETING; MAY 11 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Darryl Pruett nay, William Hodge abstained); POSTPONED TO JUNE 8, 2020. FINDING: because: 1. The Zoning regulations applicable to the property do not allow for a reasonable use 2. (a) The hardship for which the variance is requested is unique to the property in that: ITEM 9/31(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: ______________________________ Elanie Ramirez Executive Liaison ____________________________ Don Leighton-Burwell Chairman Diana Ramirez for ITEM 9/32May 5, 2020 Jennifer Hanlen 1401 E 3rd St Austin TX, 78702 Re: C15-2020-0020 Dear Jennifer, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O 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) setback requirements; to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) In order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES 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 ITEM 9/33BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0020 BOA DATE: April 13, 2020 ADDRESS: 1401 E. 3rd St OWNER: Durham Trading Partners COUNCIL DISTRICT: 3 AGENT: Jennifer Hanlen ZONING: SF-3-NP LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: reduce interior side setback from 5 ft. to 2.77 ft. SUMMARY: complete construction of a Single-Family residence ISSUES: layout error during construction ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-H-NP SF-3-NP SF-3-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 Barrio Unido Neighborhood Assn. Bike Austin Capital Metro Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town ITEM 9/34ITEM 9/35Previously Denied BOA case C15-2020-0020 ITEM 9/36Previously Denied BOA case C15-2020-0020 Portion of the City of Austin FROM 25-2-492 Land Development TO ALLOW A 2.77 ENCROACHMENT VARIANCE SING! E FAMII Y RESIDENCE Code applicant is seeking a variance from: INTO THE REQUIRED 5' SIDE SETBACK FOR EXISTING Section 2: Variance Findings The Board must determine finding s described Failure as part of your application. any additional Please incomplete. the existence Therefore, attach below. to do so may result you must complete of, sufficiency of evidence of, and weight each of the applicable Statements as Findings being rejected in your application supporting the supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant privilege not enjoyed by others similarly situated or potentially similarly with a special situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable The zoning Use regulations applicable to the property do not allow for a reasonable use because: SF-3 ZONING PROMOTES SINGLE FAMILY USES THIS LOT IS 4852 SF AND LOCATED AT THE SW CORNER OF NAVASOTA ST. AND EAST 3RD. THE STREET SIDE SETBACK ALONG NAVASOTA IS PUSHED BETWEEN fHE COA CONSJRI ICIION OF THE HQI ISE RES! II JED IN A 2 77 EOOI SEIBACK THE HQ! ISE CAN NOT EXIST AS PERMITTED STREE I SIDE SE i BACK AND INTERIOR WITHOUT A VARIANCE. 5' SE I BACK. A 1,985 SF HOUSE WAS PERMITTED BY 15FT. THE CURRENT HOUSE IS Hardship a)The hardship for which the variance is requested is unique to the property in that: THE 4,852 SF LOI IS A CORNER I or THE 15' STREET SIDE SETBACK REQUIRES ROUGHLY 40% OF THE LOT. THE REMAINING 2017. THE OWNER IS SEEKING A VARIANCE 2,000 OE THE 4,852 SE I or, SF RESIDENCE TO ALLOW THE 2.77 SETBACK ALONG THE 5' SIDE SETBACK. PORTION OF THE LOT HAS AN EXISTING PERMITTED II\ b)The hardship is not general to the area in which the property is located because: THERE ARE NO KNOWN SITES WITH THIS ISSUE IN THE AREA City of Austin I Board of Adjustment Variance General/Parking Application 09/11/2015 I Page 5 of 8 ITEM 9/37Previously Denied BOA case C15-2020-0020 ITEM 9/38Previously Denied BOA case C15-2020-0020 ITEM 9/39Previously Denied BOA case C15-2020-0020 March 19, 2020 City of Austin c/o Elaine Ramirez City of Austin Board of Adjustments One Texas Center 505 Barton Springs Austin, Texas 78704 BOA request for 1401 E 3rd St. to allow a 2.77’ setback in the required 5’ side setback • Legal tract located at 1401 E. 3rd St. is 4,852 SF; has had on-site utility service since 1926. • Original residence was demolished in 2017 and a new residential permit application was submitted to city of Austin. • Application was approved by city of Austin; new single-family residence constructed in accordance with plans. • The plot plan was accurate and was based on the accurate survey; however, an incorrect version of the survey was used to set the construction forms. • A survey error based on confusing ROW widths in the adjacent alley created a 2.7’ side yard setback during construction of the SFR & accessory apartment. • This was not known until contractor called for final inspection and certificate of occupancy and preparation of the owner occupying the residence. • Surveyor then surveyed entire block alley in order to understand where error was created. • The intersection of the rear public alley and intersecting Navasota Street have varying widths. These intersecting ROWs allowed multiple opportunities for error. • The new single-family residence has a varying encroachment into the 5’ side yard setback, creating a side yard setback ranging from 2.77’ to 4.0’. • There are no known examples like this in the immediate area, but is probable in the larger east Austin geography. • This small setback encroachment does not impair the intent of the zoning regulations, nor does it have any adverse impact on adjacent or surrounding properties. • All inspections have passed except the building permit’s final inspection. The Certificate of Occupancy can be granted if the variance is approved. Sincerely, David C. Cancialosi, Agent for Owner ITEM 9/40Previously Denied BOA case C15-2020-0020 ITEM 9/41Previously Denied BOA case C15-2020-0020 ITEM 9/42Previously Denied BOA case C15-2020-0020 ITEM 9/43Previously Denied BOA case C15-2020-0020 ITEM 9/44Previously Denied BOA case C15-2020-0020 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: • Does not meet the accessibility and visitability requirements defined in section R320.7; • Fails to ensure emergency fire egress via the two “accessible” ground-floor exits; Restricts first responder’s ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. • As you consider this variance request, please keep these measurements in mind: • • • • 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street is 82” (6’-10”). The City’s official side-lot setbacks call for 10’ of clearance; the as-built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43”. Since the fence between properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street is 18”. Note that the existing sidewalk straddles over the lot line by approximately 10”. 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA–compliant width of 33”. Consider also the explanation in Permit Partner’s March 19th letter: “[Durham Partners used] an incorrect version of the survey…to set the construction forms.” The City’s development guidelines do not allow for this type of error. Per the City’s published Residential Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. As a homeowner, I was able to negotiate City’s residential development process successfully. It is more than reasonable to expect a professional developer to do so. While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this project, one company’s financial concerns cannot take precedence over public safety. Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley ITEM 9/45Previously Denied BOA case C15-2020-0020 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property owner ever moves the fence to the property line—as is common during redevelopment activities—the sidewalk clearance will decrease from the existing 43” to a non-ADA–compliant width of 33” (2.78 feet). ITEM 9/46Previously Denied BOA case C15-2020-0020 EXHIBITS The City of Austin’s published Residential Inspection flowchart clearly indicates that a 3rd Party Form Survey is a prerequisite to any pre-foundation construction activities. This process ensures that a licensed surveyor has confirmed and verified the foundation form locations before the developer sets anything is set in stone. Permit Partner’s March 19th statement indicates that: “the plot plan was accurate and was based on an accurate survey” If so, the only explanation for a side lot setback error is that Durham Trading Partners failed to retain its 3rd party professional, Waterloo Surveyors, to visit the site to conduct a form survey. While that oversight is unfortunate, it does not merit a variance. The BOA should not reward bad actors. ITEM 9/47Previously Denied BOA case C15-2020-0020 EXHIBITS A member of the East Cesar Chavez Planning Team brought the questionable side-lot setback at 1401 E 3rd Street to Durham Trading Partner’s attention as early as Q1 2018. City staff were also informed, per this email record: From: Thompson, Jeffrey - BC Sent: Friday, March 02, 2018 9:59 AM To: Johns, Renee <Renee.Johns@austintexas.gov>; Olsen, Dillon <Dillon.Olsen@austintexas.gov> Subject: Re: 1401 E 3rd Street But the foundation is easily less than 5 ft from the property line. Here is a picture of the actual building. Jeff Thompson District 3 Planning Commissioner Office: 512-314-1830 ITEM 9/48Previously Denied BOA case C15-2020-0020 This is an approved plan and there is a projection into the 5 foot setback. This is a common concern, but the code does allow for eaves and other incidentals to project 2 ft. into any setback, LDC 25-2-513 B. If you look at sheet A201, you can see the elevation view of the proposed residence. On this elevation, you can see the footprint of the building stops at the 5 ft. setback and the eaves project into the setback. Again this is an allowed and common design. From: Johns, Renee Sent: Thursday, March 1, 2018 3:41:33 PM To: Thompson, Jeffrey - BC; Olsen, Dillon Subject: RE: 1401 E 3rd Street Jeffrey, I hope this answers your question. Renee Johns Planner Senior – Expedited Review City of Austin Development Services Department One Texas Center, 505 Barton Springs Road, 7th Floor Office: 512.974.2260 From: Thompson, Jeffrey - BC Sent: Thursday, March 01, 2018 3:08 PM To: Johns, Renee <Renee.Johns@austintexas.gov>; Olsen, Dillon <Dillon.Olsen@austintexas.gov> Subject: 1401 E 3rd Street Hi Dillon, I'm looking into a case on behalf of a district 3 constituent. She is concerned that the house being built at 1401 E 3rd does not have a 5 foot side setback. Looking at the plan (2017-043148 PR), it clearly shows that the house encroaches on the 5 foot set back line. Can you tell me if this is in fact an approved plan and if so can you please explain why? Thank you so much for your time. Jeff Thompson District 3 Planning Commissioner Office: 512-314-1830 ITEM 9/49Previously Denied BOA case C15-2020-0020 From: To: Subject: Date: Bryce Allison Ramirez, Elaine C15-2020-0020 Friday, May 08, 2020 6:32:26 PM *** External Email - Exercise Caution *** Dear Elaine, I just received notice in the mail about case C15-2020-0020. 1401 E 3rd St is requesting a variance on the interior setback from 5 to 2.77 feet. I own the property adjacent at 1403 E 3rd St. I am against granting this variance. I have been extremely concerned about this as it puts the neighboring property way too close to my own and will devalue my property and privacy. I am also concerned that the property appears to be a multi-tenant property when it is described and zoned as a single family residence. Can you shed any light on this? I would like to have the opportunity to speak at the meeting on May 11. Thank you, Bryce Allison 512-522-2792 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 CSIRT@austintexas.gov. ITEM 9/50