ITEM02 C15-2024-0013 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday May 13, 2024 CASE NUMBER: C15-2024-0013 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____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: Bhavani Singal OWNER: Veronica Lew ADDRESS: 3701 ROBBINS RD VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (3) from side property line & interior side yard setback requirements of 10 feet (required) to 0 feet (requested), in order to erect a Boat Dock in a “LA”, Lake Austin zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (3) A dock may not be constructed closer than 10 feet to the side property line, regardless of the side-yard setback generally applicable within the base zoning district. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to approve; Board member Jeffery Bowen second on 10-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: existing boat dock was erected some time ago and needs to be replaced and the neighboring boat dock are adjacent to each other and in the setback, strict compliance to the code to relocate, it would affect the environmental impact as opposed to just leaving it where it is. 2. (a) The hardship for which the variance is requested is unique to the property in that: the boat dock has been in the same location for more than 40 years and the wetlands are very well established next to it. (b) The hardship is not general to the area in which the property is located because: as a lot of the surrounding properties have adjacent complying boat docks. 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 boat dock will be in the same location, the neighbor also has dock all on that shared lot line and rebuilding it in the same location will not alter the character or the use of the property. Elaine Ramirez Executive Liaison Jessica Cohen Chair for