ITEM08 C15-2022-0061 ADV PACKET DEC 12 PART2 — original pdf
Backup
ITEM8/34 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: ITEM8/35 (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 ITEM8/36 August 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 ITEM8/37 From: 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 ITEM8/38 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: 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 were otherwise doing. If it works, great. If its 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. Lets 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 ITEM8/39 809 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 ITEM8/40 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 Yay! JVCC Kristen, Eric and Cort at 1:30. Zoom invite is already in your inbox. See you then. Thanks! 1 ITEM8/41 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: 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 Ill 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 > ITEM8/42 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: 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 ITEM8/43 Thx. 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 ITEM8/44 Cc: Eric Ryan Pace < Subject: Re: Initial Contact Re: 1401 E. 3rd Street ; Mosadomi, Alecia > Thanks Cort. And to be clear Im 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, Im limited to 30 mins but, I cant image we would need more than about 15 20 minutes anyway Ill 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 ITEM8/45 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 <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, Id 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 ITEM8/46 Cheers! 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. Im a believer in personal rapport. o I can bring you up to speed briefly on our sob story. Not that were asking for any special favors but, were transparent and you will learn about some of the constraints were 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., theres a short update. Please circle back with a meeting date that works for you and Kristen when you can, please. All the best, 7 ITEM8/47 JVCC <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 Subject: Re: Initial Contact Re: 1401 E. 3rd Street ; Mosadomi, Alecia 8 ITEM8/48 Hi Cort, Best, ep Greetings Eric, Absolutely, Im 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 (ccd), if shes 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 (were 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 Im sure it is to you. Thanks for volunteering with the neighborhood association. I look forward to your thoughts. Best, 9 ITEM8/49 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 <image002.png> 10 ITEM8/50 From: 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 ITEM8/51 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 ITEM8/52 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. Were looking forward to learning more about the projects progress and any specific asks you have of the team In September. 1 ITEM8/53 On 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 ITEM8/54 <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 ITEM8/55 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 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 ITEM8/56 From: 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 Ill 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 ITEM8/57 week where I can show you what the architects have thus far come up with? I dont 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 ITEM8/58 From: 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, Im meeting with Becky and Alfredo tomorrow to see their work product for the first time. We have been collaborating closely so I suspect Ill 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? ITEM8/59 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 <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 ITEM8/60 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. Were 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 ITEM8/61 <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 ITEM8/62 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://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 ITEM8/63 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 6 ITEM8/64 CITY 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: ITEM8/65 (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 Diana Ramirez for ____________________________ Don Leighton-Burwell Chairman ITEM8/66 May 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 interior side setback from 5 feet (required) to 2.77 feet (requested) setback requirements; to decrease the minimum 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 ITEM8/67 BOA 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 ITEM8/68 ITEM8/69 ITEM8/70 ITEM8/71 ITEM8/72 ITEM8/73 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 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 widt 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- 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. inspection. The Certificate of Occupancy can be granted if the variance is approved. Sincerely, David C. Cancialosi, Agent for Owner ITEM8/74 ITEM8/75