Board of AdjustmentNov. 14, 2022

ITEM6 C15-2022-0061 ADV PACKET 11-14 PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item 11 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates OUT _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade OUT _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 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. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT VARIANCE REQUEST: RENOTICE-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 street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling ITEM6/1 unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: 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: 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 forITEM6/2 October 28, 2022 Nikelle Meade 111 Congress Ave., Suite 1400 Austin TX, 78701 Re: C15-2022-0061 Dear Nikelle, 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 request from LDC Section 25-2-492 at 1401 E 3rd St. 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 Cody.Shook@austinenergy.com ITEM6/3 E . 3 R D S T . 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ K C A B T E S " 9 . 6 ' 3 2 E G A R E V A B S K C A B T E S ' 5 2 I G N N O Z R E P 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ S69°40'49"E 35.88 N 2 0 ° 5 3 4 7 " E ' 1 3 9 . 0 3 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ E N I L Y T I L I T U D A E H R E V O K C A B T E S " 9 . 6 ' 3 2 E G A R E V A B S ' 4 1 . 9 3 1 ' W " 8 4 1 0 ° 1 2 S : 6 3 3 - 3 3 3 K C A B T E S ' 5 2 I G N N O Z R E P D o c . 2 0 1 2 1 7 7 8 6 4 T C D R D a v d B i r y c e A l l i s o n b y W D 1 0 / 1 7 / 2 0 1 2 N A V A S O T A S T . POLE Y U G W/D O.H. UTIL. CL SHELVES PANTRY L N69°30'11"W 35.55' A L L E Y 336-471: N21°01'48"E, 0.74 336-423: S21°01'48"W, 1.64 1 PLOT PLAN Scale: 1/16" = 1'-0" 2 MAIN UNIT, 1ST FLOOR Scale: 1/8" = 1'-0" 3 MAIN UNIT, 2ND FLOOR Scale: 1/8" = 1'-0" 4 REAR UNIT, 1ST FLOOR Scale: 1/8" = 1'-0" N69°30'11"W 35.55' A L L E Y EAST 3RD RESIDENCE SCHEMATIC PLANS DRAWING TITLE DRAWING TITLE SEPT 2022 ITEM6/4 ITEM6/5 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez (out) _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______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. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT 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: ITEM6/6 (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 ITEM6/7 BOA GENERAL REVIEW COVERSHEET RENOTIFICATION CASE: C15-2022-0061 BOA DATE: October 10th, 2022 ADDRESS: 1401 E 3rd St OWNER: Cortlandt Chalfant COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP (East Cesar Chavez) LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: decrease the minimum street side yard setback from 15 feet to 10 feet. SUMMARY: complete construction of a Single-Family residence and Accessory Dwelling unit ISSUES: corner lot and substandard lot 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 ITEM6/8   October 10, 2022 Nikelle Meade 111 Congress Ave, Ste 1400 Austin TX, 78701 Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Re: C15-2022-0061 Dear Nikelle, 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 25-2-492 at 1401 E 3rd St. Austin Energy cannot approve this variance request until plans have been reviewed and approved by AE’s Transmission Engineering Department. Please send georeferenced CAD drawings for this project to Cody.Shook@austinenergy.com, along with any site plans or surveys you have showing the overhead electric transmission lines located along Navasota St. Any development on this site must meet 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 Cody.Shook@austinenergy.com ITEM6/9 ITEM6/10 ITEM6/11 ITEM6/12 ITEM6/13 ITEM6/14 ITEM6/15 ITEM6/16 ITEM6/17 ITEM6/18