ITEM7 C15-2022-0065 ADV PACKET 11-14 — original pdf

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WITHDRAWN by applicant on 10/29/22 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0065 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Richard Smith ___-____Agustina Rodriguez (out) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Daniel Strinden ADDRESS: 1700 LORETO DR VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 15 feet (requested) in order to erect a detached Two-Family residential unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (MLK Neighborhood Plan) Note: Per LDC 25-2-515 Rear Yard of Through Lot for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Madam Chair Jessica Cohen second; Board member Michael Von Ohlen withdraws the motion to Approve and motions to Postpone to November 14, 2022, Board member Brooke Bailey second on 11-0 vote; POSTPONED TO NOVEMBER 14, 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: ITEM7/1 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 forITEM7/2From: To: Subject: Date: Attachments: Danny Strinden Ramirez, Elaine Re: REMINDER: November 14, 2022 Advanced Packet deadline Saturday, October 29, 2022 1:03:24 PM image001.png *** External Email - Exercise Caution *** Rather than request postponement, I think I would like to withdraw my case or take whatever action which would allow me not to spend any more money. At this point, I do not believe it would be feasible for me to build on the rear lot of my property, because of interference with the critical root zone of at least two heritage trees on my lot. The purpose for the postponement would be to conduct a tree survey which is required for the City Arborist to agree to do an on-site consultation. However, those would end up costing me a lot of additional time and money, and I feel that I have already spent too much money on attempting to request a variance, only for the result to be a likely 'No'. I appreciate your direction and assistance in this process, but I do not believe there is any more value for me in my case continuing. On Tue, Oct 25, 2022 at 6:31 AM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: You can request a PostPonement, it will just have to be to a specific date and there is fee that will have to be paid of $272.38. In the letter you will need to state you are requesting a PostPonement, available BOA meeting date (see available BOA meeting dates at the end of this e-mail), and state the reason(s) why. Once you have completed the letter, e-mail it to me in PDF format. Please be aware you still need to be available in-person or virtually for the November meeting in case the Board has questions for you. I am assuming it will be virtually so you must register before the deadline for the November 14 BOA meeting. Once they have granted or denied the PostPonement request you may disconnect the call. Hi Elaine, Regards, Danny Hi Danny, Applicants/Speaker Virtual registration: You have until Monday, November 7th, before 3p.m. to register if you would like to participate virtually for the November 1, 2022 BOA meeting. The ITEM7/3BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0065 BOA DATE: September 12th, 2022 ADDRESS: 1700 Loreto Dr OWNER: Daniel Strinden COUNCIL DISTRICT: 1 AGENT: N/A ZONING: SF-3-NP (MLK) LEGAL DESCRIPTION: LOT 14 BLK A OLT 24 DIV B MCKINLEY HEIGHTS TERRACE VARIANCE REQUEST: decrease the minimum rear yard setback from 25 feet to 15 feet. SUMMARY: erect a detached Two-Family residential unit ISSUES: property is bordered on three sides by streets ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-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 Del Valle Community Coalition East Austin Conservancy East MLK Combined Neighborhood Plan Contact Team Friends of Austin Neighborhoods Homeless Neighborhood Association Martin Luther King Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM7/4August 31, 2022 Daniel Strinden 1700 Loreto Dr Austin TX, 78721 Re: C15-2022-0065 Property Description: LOT 14 BLK A OLT 24 DIV B MCKINLEY HEIGHTS TERRACE Dear Daniel, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-515 at 1700 Loreto Drive. 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. FYI: The second dwelling unit proposed on this lot will be required to meet 15’ radial clearance from the overhead electric distribution lines adjacent to Tillery Street. 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 Cody.Shook@austinenergy.com ITEM7/5CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, C15-2022-0065 12986323 0210151206 Section 1: Applicant Statement 1700 Loreto Drive MCKINLEY HEIGHTS TERRACE 14 24 SF-3-NP Daniel Strinden July 27 2022 detached 2nd dwelling A B Council District: 1 ITEM7/6Portion of the City of Austin Land Development Code applicant is seeking a variance from: LDC, Section 25-2-515 Rear Yard of a Through Lot for a Rear Yard setback of 25 ft. (required) ____________________________________________________________________________ to 15ft (requested) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: The property is bordered on 3 sides by streets and thus subject to setbacks which make ____________________________________________________________________________ erecting a second dwelling (as allowed by current zoning) infeasible. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: Nearly all other through-lots are not bordered on 3 sides by streets ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ b) The hardship is not general to the area in which the property is located because: As far as I can tell, it is the only property in the area that is subject to the same constraint except ____________________________________________________________________________ one other one located at the other end of the street at 3305 E MLK. That property is also quite ____________________________________________________________________________ different, because MLK is subject to much higher and faster traffic flow. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 0 / /20 | Page 5 of 8 ITEM7/7Area Character 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: It would simply allow full use of the existing SF-3 zoning classification for the property, which is ____________________________________________________________________________ the same as adjacent properties which are not subject to the same hardship. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 0 / /20 | Page 6 of 8 ITEM7/8Section 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: _____________ 07/27/2022 Daniel Strinden Digitally signed by Daniel Strinden DN: C=US, CN=Daniel Strinden, E=dstrinden@gmail.com Reason: I am the author of this document Location: Date: 2022-07-27 13:53:34 Foxit Reader Version: 9.4.1 Applicant Name (typed or printed): ___________________________________________________ Daniel Strinden Applicant Mailing Address: __________________________________________________________ 1700 Loreto Dr City: ________________________________________ State: ________________ Zip: _______ Austin 78721 TX Phone (will be public information): ____________________________________________________ (936) 414-1417 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: _____________ 07/27/2022 Owner Name (typed or printed): ______________________________________________________ Daniel Strinden Daniel Strinden Digitally signed by Daniel Strinden DN: C=US, CN=Daniel Strinden, E=dstrinden@gmail.com Reason: I am the author of this document Location: Date: 2022-07-27 13:54:28 Foxit Reader Version: 9.4.1 Owner Mailing Address: ____________________________________________________________ 1700 Loreto Dr City: ________________________________________ State: ________________ Zip: _______ Austin 78721 TX Phone (will be public information): ____________________________________________________ (936) 414-1417 Email (optional – will be public information): ____________________________________________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Agent Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ____________________________________________________ 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 0 / /20 | Page 7 of 8 ITEM7/9ITEM7/10Property Profile Legend Property Jurisdictions (No Fill) FULL PURPOSE Jurisdictions Fill Jurisdiction FULL PURPOSE 0 350 700 ft 7/27/2022 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. Notes ITEM7/11From: *** External Email - Exercise Caution *** 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. Sent from my iPhone ITEM7/12From: To: Subject: Date: Ramirez, Elaine Notice of public hearing land Development Wednesday, September 07, 2022 6:13:58 PM This message is from Chevale Ross. [ chevalejanuary55@gmail.com ] # c15-2022-0065, Location:1700 Loreto Drive, ( I object) nothing on this side of town is not affordable determine Affordable y'all just raising taxes because it's not low income. ITEM7/13From: To: Subject: Date: Amanda Ramirez, Elaine C15-2022-0065 Monday, September 12, 2022 4:27:56 PM *** External Email - Exercise Caution *** 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. ITEM7/14