ITEM05 C15-2024-0007 DENIED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday May 13, 2024 CASE NUMBER: C15-2024-0007 ___Y___Thomas Ates (D1) ___A___Bianca A Medina-Leal (D2) -ABSTAIN ___Y___Jessica Cohen (D3) ___A___Yung-ju Kim (D4) -ABSTAIN ___N___Melissa Hawthorne (D5) ___Y___Jeffery Bowen (D6) ___Y___Janel Venzant (D7) ___- ___Margaret Shahrestani (D8) -OUT ___Y___Brian Poteet (D9) ___- ___Michael Von Ohlen (D10) -OUT ___Y___Marcel Gutierrez-Garza (M) ___- ___VACANT (Alternate) (M) ___Y___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: March 11, 2024 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. May 13, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to approve; Board member Jeffery Bowen second on 8-1-1 votes (Vice-Chair Melissa Hawthorne nay, Board member Yung-ju Kim abstain); motion fails; Vice-Chair Melissa Hawthorne rescinds previous motion, Chair Jessica Cohen second on 8-0-2 votes (Board members Bianca A. Medina-Leal and Yung-ju Kim abstain); Vice- Chair Melissa Hawthorne motion back to original motion to Approve with same findings, Board member Janel Venzant second on 7-1-2 votes (Vice-Chair Melissa Hawthorne nay, Board members Bianca A. Medina-Leal and Yung-ju Kim abstain); motion fails, DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: this is a very odd lot configuration as well as a very odd street configuration in having such a trapezoidal shape, would be very difficult with current house placement to offer any kind of covered parking. 2. (a) The hardship for which the variance is requested is unique to the property in that: some ways in that the trapezoidal shape makes it very difficult to have any kind of protrusion in the front yard. (b) The hardship is not general to the area in which the property is located because: as it is greatly affected by heritage trees that are not within the property line. 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: as the existing driveway will remain in its configuration as well as the screening for the heritage trees that are not actually located on the property and will be built in a manner of material of the existing house. Elaine Ramirez Executive Liaison Jessica Cohen Chair for