ITEM05 C15-2024-0007 ADV PACKET MAY13 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday March 11, 2024 CASE NUMBER: C15-2024-0007 ___Y___Thomas Ates (D1) ___-___VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___Y___Jeffery Bowen (D6) ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-___Kelly Blume (Alternate) (M) ___-___Suzanne Valentine (Alternate) (M) ___-___VACANT (Alternate) (M) APPLICANT: Hector Avila OWNER: Joel Beder and Joe Yu ADDRESS: 1503 ROBERT WEAVER AVE VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 25 feet (required) to 14 feet (requested) in order to erect an attached garage in a “SF-3-NP”, Single-Family - Neighborhood Plan zoning district (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to April 8, 2024; Board member Jeffery Bowen second on 10-0 votes; POSTPONED TO APRIL 8, 2024. Due to cancelled BOA meeting for April 8, 2024: Postponement case Item03 C15-2024-0007 – 1503 Robert Weaver Avenue, Board member Melissa Hawthorn’s motion to rescind previous action (postpone to April 8, 2024), Chair Jessica Cohen second on 10-0; Board member Melissa Hawthorne’s motion to postpone case C15-2024-0007 to May 13, 2024; Chair Jessica Cohen second on 10-0 vote; POSTPONED TO MAY 13, 2024. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: Item05/1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 Chair forItem05/2 updated 4/25/24 C15-2024-0007 13262464 0200050104 SF-3-NP Council District: 3 Item05/3updated 4/25/24 Section 2 Item05/4Item05/5Item05/612 4 12 4 EXIST. ROOF 4:12 PITCH Item05/7PROP. GARAGE ADDITION FOR JOE BEDER 1503 ROBERT WEAVER AVE AUSTIN, TX. 78702 ” C1 1 Item05/8Item05/9From: To: Cc: Subject: Date: Attachments: Ramirez, Elaine Re: Variance for 1503 Rover Weaver Ave Friday, March 22, 2024 6:20:58 PM image001.png image002.png image.png External Email - Exercise Caution Thank you Elaine, I just wanted to follow up here with an update on this variance request. I just spoke on the phone with the applicant expeditor Mr Avila and that made us more concerned. We aren't opposed to neighbors just building a garage, but there are other issues with this variance request and these are the four we're most concerned about: 1. Mr Avila expressed that part of the area that has been used by the residents as our pocket park is a fire department hammerhead and intended to be paved over. I've been a transportation site plan reviewer for years and this doesn't sound accurate at all. Our cul-de-sac is designed for emergency access and we've seen two of the largest AFD quint fire trucks pull head-in and head-out in the years we've lived here without any additional fire lane hammerhead. This pocket park has been used by the residents for 50 years and is identified on all of the original site plan documentation. It is also a stop on the City's Tejano Historic Walking Trail and regularly sees visitors walking in from the street. It is maintained by UT student volunteers organized by former Councilmember Renteria. It would be a really big deal for both the residents and the public who volunteer for the Tejano Trail if any of that park space in the ROW was paved over for a wider driveway or new fire lane. I also want to note that the owners/applicants told us that they didn't know Mr Avila was going to state anything about emergency access or the hammerhead in their variance request and that they didn't want this language in the application. When I mentioned this to Mr Avila, he said he wouldn't be removing the language from the application. We're asking that this variance application have any mention of emergency access removed from it (which is also the owner/applicant's wish) so that the variance request will have to stand as what it is: a request to build reduce the setback for a private garage. 2. The existing driveway that used to be the sidewalk access to the park is 8' wide. In the application packet, they include a site plan drawing that shows it as 22' wide. See below. This is very concerning because it shows the intent to widen the driveway and claim that it was existing like this. That would put a lot more impervious cover over the 1/2 CRZ of two VERY large heritage live oaks. When I brought this up to Mr Avila, he confirmed that they do intend to widen this driveway to this degree and that they would not be subject to any of these impervious cover requirements because it would be outside of their property. This is very troubling that they intend to have so much impact to those trees. This doesn't even seem like a question: we're asking that this variance application have the site plan show the existing driveway accurately and label it as "8' wide existing driveway to remain". Item05/103. There are two heritage live oaks, one on each side of the proposed driveway widening. Only 1 is shown in the site plan, but both would be impacted. In my experience, there is only one reason that applicants keep heritage trees off their site plans: because they don't intend to comply with the tree regulations. We're asking that this variance application have the site plan and survey revised to accurately show all of the trees. 4. When we've spoken to our neighbors about this, many of us have been denied our own setback variance requests or otherwise had to comply with stringent tree requirements. Even for our own home at 1502 Robert Weaver, we began the process for a front setback variance to build a front porch in 2015. We were told by Leane Heldenfels in the Planning Department that it was very likely not worth applying because there would be no grounds to grant a variance.Because of this, we were required to build back towards the back setback, which worked out fine. Others in our cul-de-sac have had similar experiences and I would hope that just having the money to pay an expeditor doesn't allow people to get around rules. We've spoken with several of our other neighbors about this and we all agree that we were asked to sign a form in support of this variance because we were told this would only be a garage construction. None of us were aware that this would include at least 2000 square feet of additional concrete impervious cover in the public ROW just from the driveway widening. This will seriously impact the experience of people using the pocket park. I can go around and collect signatures to this effect if it would be helpful. For now, we're asking that our name and signature for 1502 be removed from the application as we're not supportive of the variance and we don't believe us or our neighbors were given the full details of the impact when we were asked to sign. Again, we're not opposed to a garage. But we are opposed to a major expansion of driveway (which is not possible for any of the other 9 homes) over heritage trees and impacting our pocket park. I know that this email will result in Joel and Joe coming to our door again and explaining that they need a garage. We want to be neighborly. But the fact is, none of these 10 homes have a garage. The home didn't have a garage when they bought it. And it's probably not wise to buy a home expecting that you'll be able to push the City into granting a variance to build one. I hope that the City will hold the applicant to the same rules we're all following or at least require the application be revised to be factually accurate. Thank you for your time, Mike and Carmen Schofield 1502 Robert Weaver Ave Item05/11On Mon, Mar 4, 2024 at 2:52 PM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Hi Mike, The Support/Opposition Letter(s) has/have been received and will be included in the Late Back-up that the Board will receive the day of the meeting, Mon. 3/11/24. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 Item05/12PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: Mike Schofield < Sent: Monday, March 4, 2024 1:23 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: Variance for 1503 Rover Weaver Ave You don't often get email from Learn why this is important External Email - Exercise Caution Ms. Ramirez, Sorry to write again, but I just noticed that in the City's permit portal the owners put in their variance application that the variance is related to the driveway being an emergency vehicle turnaround. This is not true AT ALL. Like I said in the previous email, this was previously a sidewalk and was converted to a driveway by the previous owner. This is not a fire lane or emergency vehicle turnaround and never has been. In the 12 years we've lived in our home, there have been ambulances, 2 fire trucks, street sweepers and weekly garbage trucks that pull into our cul-de-sac and use the street space to loop around and leave. Emergency access or egress has never been an issue and it's troubling that the owners of 1503 or framing this as an emergency hardship for them. We were not planning to fight this variance at all, but it's troubling to see them making these untrue arguments in their request. It's also troubling to see the application says that this variance will "add to the character of the neighborhood". It's pretty self-serving to say that our neighborhood (which has had a great character for many years) will have a better character if they can build a garage within Item05/13the setback. Thank you again for your consideration. Carmen and Mike Schofield 1502 Robert Weaver Ave On Mon, Mar 4, 2024 at 1:02 PM Mike Schofield > wrote: Hi Ms. Ramirez, We are neighbors of the 1503 property and live at 1502 Robert Weaver Ave. My wife and I wanted to make sure that you have the attached letter that we provided to the owners of 1503 (Joel and Joe) asking for a variance for their setback. We asked them to submit this letter with their application to make it clear that our signature of support was tentative and that we would want more information about the plans. Hopefully they already submitted this with their variance request. For context about our concern and what we said in our letter, please note that the area in front of 1503 is not typical street ROW, it is parkland dedicated when LBJ donated this land for these homes in 1968. See screenshot below. The outlined area in green is the park area shared with the public. This is from the plaque outside the cul-de-sac. Members of the public often stop by in this park area because it is one of the listed stops on the City's Tejano Historic Walking Trail, with discussion about these homes' in the context of this desegregation project. In the pamphlet at this link, we are stop #9. The previous owners of 15030 were already dishonest with their application for a driveway permit and told the city that they were replacing an existing driveway. In fact, no one previously had driveways and we all park out front in the lot. What they claimed as their driveway was previously a wide sidewalk in the park space and it has since been much less comfortable for the public to walk. Our main concern is that approval of a garage within the setback area would further encroach towards that park space and make it less usable for us neighbors and the public to walk. Note that none of these 10 homes have garages because it wasn't intended for any vehicles to pull in past the curb of the parking lot area. Item05/14The city arborists have frequently stopped by here and said they are concerned about the heritage live oaks in the cul-de-sac because of cars pulling up onto their root zones. Michael Embesi at DSD used to be the contact for this, but I believe he has since retired. Note that the tree survey in the applicant's variance site plan does not show one of the two large (over 50") heritage oaks. The planned garage would be inside of the CRZ of that oak. Thanks you for hearing our concerns. Carmen and Mike Schofield 1502 Robert Weaver Ave Item05/15-- "Every time I see an adult on a bicycle, I no longer despair for the future of the human race." ~H.G. Wells CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook or forward to cybersecurity@austintexas.gov. -- "Every time I see an adult on a bicycle, I no longer despair for the future of the human race." ~H.G. Wells Item05/16BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0007 BOA DATE: Monday, March 11th, 2024 ADDRESS: 1503 Robert Weaver Ave OWNER: Joel Beder & Joe Yu COUNCIL DISTRICT: 3 AGENT: Hector Avila ZONING: SF-3-NP (East Cesar Chavez) LEGAL DESCRIPTION: LOT C BLK 2 OLT 69 DIV O AUSTIN OAKS SIXTY EIGHT VARIANCE REQUEST: decrease the minimum front yard setback from 25 feet to 14 feet. SUMMARY: erect an attached garage ISSUES: abnormal street configuration and turn around for emergency vehicles affects the lot ZONING LAND USES SF-3-NP Site North CS-MU-V-CO-NP SF-3-NP South SF-3-NP East SF-3-NP West Single-Family Commercial - Mixed-Use Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Del Valle Community Coalition Non-Profit East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friendly Fiends of Haskell Street Friends of Austin Neighborhoods Guadalupe Neighborhood Development Corporation Homeless Neighborhood Development Neighborhood Empowerment Foundation Preservation Austin Tejano Town Item05/17March 5, 2024 Hector Avila 109 S Center St Austin TX, 78704 Re: C15-2024-0007 Dear Hector, Property Description: LOT C BLK 2 OLT 69 DIV O AUSTIN OAKS SIXTY EIGHT 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 1503 Robert Weaver Ave. 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 III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com Item05/18C15-2024-0007 13262464 0200050104 SF-3-NP Council District: 3 Item05/19Item05/20Item05/21Item05/22PROP. GARAGE ADDITION FOR JOE BEDER 1503 ROBERT WEAVER AVE AUSTIN, TX. 78702 ” C1 1 Item05/23PROP. GARAGE ADDITION FOR JOE BEDER 1503 ROBERT WEAVER AVE AUSTIN, TX. 78702 updated Site Plan ” C1 1 Item05/24Item05/25Item05/26Item05/27Item05/28Item05/29Item05/30Item05/31Item05/32Item05/33Item05/34Item05/35Item05/36Item05/37Item05/38Item05/39From: To: Subject: Date: Attachments: Ramirez, Elaine Re: Variance for 1503 Rover Weaver Ave Monday, March 4, 2024 1:23:07 PM image.png You don't often get email from mrschofieldesq@gmail.com. Learn why this is important External Email - Exercise Caution Ms. Ramirez, Sorry to write again, but I just noticed that in the City's permit portal the owners put in their variance application that the variance is related to the driveway being an emergency vehicle turnaround. This is not true AT ALL. Like I said in the previous email, this was previously a sidewalk and was converted to a driveway by the previous owner. This is not a fire lane or emergency vehicle turnaround and never has been. In the 12 years we've lived in our home, there have been ambulances, 2 fire trucks, street sweepers and weekly garbage trucks that pull into our cul-de-sac and use the street space to loop around and leave. Emergency access or egress has never been an issue and it's troubling that the owners of 1503 or framing this as an emergency hardship for them. We were not planning to fight this variance at all, but it's troubling to see them making these untrue arguments in their request. It's also troubling to see the application says that this variance will "add to the character of the neighborhood". It's pretty self-serving to say that our neighborhood (which has had a great character for many years) will have a better character if they can build a garage within the setback. Thank you again for your consideration. Carmen and Mike Schofield 1502 Robert Weaver Ave On Mon, Mar 4, 2024 at 1:02 PM Mike Schofield wrote: Hi Ms. Ramirez, We are neighbors of the 1503 property and live at 1502 Robert Weaver Ave. My wife and I wanted to make sure that you have the attached letter that we provided to the owners of 1503 (Joel and Joe) asking for a variance for their setback. We asked them to submit this letter with their application to make it clear that our signature of support was tentative and that we would want more information about the plans. Hopefully they already submitted this with their variance request. For context about our concern and what we said in our letter, please note that the area in front of 1503 is not typical street ROW, it is parkland dedicated when LBJ donated this land for these homes in 1968. See screenshot below. The outlined area in green is the park area shared with the public. This is from the plaque outside the cul-de-sac. Members of the public often stop by in this park area because it is one of the listed stops on the City's Tejano Item05/40Historic Walking Trail, with discussion about these homes' in the context of this desegregation project. In the pamphlet at this link, we are stop #9. The previous owners of 15030 were already dishonest with their application for a driveway permit and told the city that they were replacing an existing driveway. In fact, no one previously had driveways and we all park out front in the lot. What they claimed as their driveway was previously a wide sidewalk in the park space and it has since been much less comfortable for the public to walk. Our main concern is that approval of a garage within the setback area would further encroach towards that park space and make it less usable for us neighbors and the public to walk. Note that none of these 10 homes have garages because it wasn't intended for any vehicles to pull in past the curb of the parking lot area. The city arborists have frequently stopped by here and said they are concerned about the heritage live oaks in the cul-de-sac because of cars pulling up onto their root zones. Michael Embesi at DSD used to be the contact for this, but I believe he has since retired. Note that the tree survey in the applicant's variance site plan does not show one of the two large (over 50") heritage oaks. The planned garage would be inside of the CRZ of that oak. Thanks you for hearing our concerns. Carmen and Mike Schofield 1502 Robert Weaver Ave Item05/41Joel and Joe, Thanks for stopping by last night. It was nice to meet you both. Apologies I wasn’t more engaged- I was recovering from an illness when you stopped by (and the stove was on for dinner). Carmen and I have had some time to think about your request for our support for your project and we want to clarify that we provided our signature in good faith that you will be building what you said you plan to build -a small garage with no impacts to other properties or access to other properties. Without having seen a planset, we are not comfortable consenting full support until we understand that is what you’ll be building. The City will send us a letter when the variance is submitted and we will tell them the same- that our support is contingent on the nature of the impacts from the proposed structure. We’ve talked with the neighbors today and primarily we would be concerned with the following: ● Attempting a vacation of the public space. The previous owner attempted this and was not approved. ● Building in a way that blocks access to the public space by any of the other nine homes. ● Demolishing the historic homes. This cul-de-sac was one of the first desegregation projects and it would be a shame to demolish any of them. We do understand the desire to have a garage space and we hope the design/plans are ones we can support. In regards to parking- the community has gotten by fine with the current parking situation for 56 years. There was talk several years ago about getting permitted residential parking for the cul-de-sac. The City even performed a study and evaluated usage of the parking lot- however the data did not support a need as there were always available spaces in the lot. In the 13 years that we’ve lived here, there has never been a day that we’ve been unable to park in the shared lot. I hope we can talk more and get to know you both. We will have a copy of this letter on file for when the variance request comes through from the City. Please include this letter with our signature of support if you submit the signatures as a condition of our support. Thank you. Mike and Carmen Schofield 1502 Robert Weaver Avenue Item05/42