ITEM04 C15-2024-0019 ADV PACKET PART1 JUNE10 — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0019 BOA DATE: June 10th, 2024 ADDRESS: 2913 Westlake Cv OWNER: Caroline & Michael Hinson COUNCIL DISTRICT: 8 AGENT: David Chace ZONING: LA LEGAL DESCRIPTION: LOT 14 PLUS PT ADJ LAGO VILLA VARIANCE REQUEST: Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the two minimum interior side yards setback from 10 feet (required) to 5 feet (requested). Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (a) from shoreline setback requirements to decrease from 75 feet (required) to 50 feet (requested) for the portion within 40 feet of the north side property line. Section 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (maximum allowed) to 47.5 percent (requested), (54% existing) SUMMARY: remodel/addition to existing residence ISSUES: substandard lot & mix of slopes ZONING LAND USES Site LA North LA South LA LA East SF-2/LA West Single-Family Single-Family Single-Family Lake Austin Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Neighborhoods Council City of Rollingwood Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin Save Our Spring Alliance TNR BCP – Travis County Natural Resources The Island on Westlake Owners Association ITEM04/1May 20, 2024 David Chace 710 Hawthorne Loop Driftwood, TX 78619 Re: C15-2024-0019 Dear David, Property Description: LOT 14 PLUS PT ADJ LAGO VILLA Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Sections 25-2-551(D)(1)(a), 25-2-551(D)(3)(a), and 25-2-492(D) at 2913 Westlake Cove. 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 ITEM04/2Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # C15-2024-0019 ROW # 13323727 Tax # 0123090203 Section 1: Applicant Statement Street Address: 2913 Westlake Cove Subdivision Legal Description: Lago Villa Subdivision Vol. 8057, page 352, Travis County, Texas Lot(s): 14 Outlot: _ Block(s): Division: Zoning District: Lake Austin Council District: 8 I/We David Chace c/o Texas Excavation Solutions on behalf of myself/ourselves as authorized agent for Michael and Caroline Hinson affirm that on Month April , Day 1 , Year 2024 , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Remodel and Addition – remodel / addition to existing residence. Type of Structure: single family residence City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 4 of 12 ITEM04/3Portion of the City of Austin Land Development Code applicant is seeking a variance from: 1. LDC Ch. 25-2-551(c)(3)(a): Reduce impervious cover in 0-15% slope (35% required) from 54% IC existing to 47.5% IC proposed. 2. LDC Ch. 25-2-492(d): 10' side setback (required) reduced to 5' (proposed) on both property lines to allow existing (permitted) HVAC to remain 3. LDC 25-2-551(b)(1)(a): LA Shoreline reduction from 75 (required) partially reduced to 50’ (proposed) for a width of 40’ to allow existing (permitted) HVAC to remain Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: Property originally constructed in 2006 on substandard lot less than 1 acre required by Lake Austin zoning regulations via demolition and new construction permits issued by city of Austin. Current request to remodel interior and add second floor above existing first floor to better accommodate growing family and mobility issues in contemporary layout. House type and size is similar to surrounding properties scattered on a mix of slopes and different sized lots in immediate area. Proposed use is consistent with single-family residential zoning standards outlined in land development code, and is consistent with actual single-family uses found in area despite highly restrictive land use entitlements enforced as a result of LDC (i.e.,Lake Austin) zoning regulations combined with a series of erroneous city of Austin permit approvals on this specific property occurring between 2006 - 2017, resulting in a handful of noncompliance issues currently prohibiting any administrative remedy. The owner is forced to seek remedy from BOA via three (3) simple variance requests in order to return property to unclouded title and utilize property as intended for pre-1982 tracts. The following (3) three variance requests are necessary to remedy outstanding compliance issues and reasonably utilize the property for single-family residential use: 1. Reduce side setbacks to 5’ along both PL’s to remove HVAC footprints approved by COA; 2. Partially reduce 75’ shoreline for width of 40’ to maintain HVAC footprint approved by COA 3. Reduce impervious cover in 0-15% gradient from 54% to 47.5% to maintain majority of footprint approved by COA. Current remodel proposes minor change to entry but reduces IC per exhibits. City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 5 of 12 ITEM04/4Hardship a) The hardship for which the variance is requested is unique to the property in that: The following hardships are unique to the property and affect reasonable redevelopment: 1. The gross site area of the lot is 31,286 ft.² (.71 ac) TCAD vs. lot size of 43,560 ft.² for LA zoning; 2. Lot 14 Lago Villa Addition issued Legal Tract Determination dating site to March 1982; 3. The lot is subject to a 75’ shoreline setback resulting in net site area of 18,928.ft²; 4. The 75’ shoreline setback is 8,595 ft.²; 5. The inundated land area is 3,763 ft.²; 6. The combined 40’ front and 10’ side zoning setbacks are 6,960 ft.²; 7. Shoreline + inundation + side yards = ~19,000 sf of ~32,000 sf tract, or ~66%; 8. 0–15% slope category allows 35% maximum IC, or 6,154 ft.²; 9. Existing 0-15% IC = 9,491 ft.² , or 54% 10. Proposed 0-15% IC = 8,884 ft.² , or 47.5% 11. The rear portion HVAC erroneously approved within 75’ shoreline setback; 12. Portions of residence encroach into 10’ side setback as result of 2014 LDC code changes; 13. The site is further encumbered by several protected tree CRZ’s and required OSSF field; 14. The property title is currently clouded and unable to reasonably transact; 15. No reasonable development can be performed; 16. The site is severely restricted given constraints beyond owner’s control. The proposed remodel / addition proposes to add a 2nd floor to portions of the existing 1st floor residence in order to allow for contemporary floorplan suited to aging owner’s mobility and overall use of property. No administrative remedy is available to property given series of continuous permitting errors approved by City of Austin between 2006 – 2017. The attached exhibits reflect application mistakes, misstated lot size, incorrect impervious coverage numbers, and incomplete plot plans, as well as corresponding (and conflicting) information found inside COA AMANDA entries for referenced pool, house, and various remodel permits that were reviewed, approved, issued, then inspected numerous times (for each permit) before ultimately being issued a Certificate of Occupancy upon completion of said construction. The standards in place for Lake Austin development have remained consistent since 1984 via Ordinance No. 840913-S which changed the applicable zoning from “A/ AA” First Height and Residential” wherein gross lot area calculations were allowed, but were then changed to the current long standing net site area calculations required for each slope gradient on lots within LA zoning category. This code change occurred in 1984. The City’s process for reviewing LA zoned applications and related exhibits has evolved over time, but certainly the internal review standards were established by the early 2000’s and were absolutely in place as late as the 2017 via hundreds of application approvals that required substantially complex impervious cover charts, engineer or survey sealed slope gradient maps regarding impervious coverage compliance, and a host of highly technical information on each slope map or plot plan. City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 6 of 12 ITEM04/5The application requirements as they relate to compliance with impervious coverage, slope maps, and various zoning regulations among other administrative compliance requirements have been even more established in recent years, yet in this particular case and for some unknown reason, the City continued to ignore its own regulations in place since 1984, competent nor reliant internal review processes, and ultimately, the city failed in its statutory duty to correctly process applications in accordance with the regulations codified in its own Land Development Code as required by State law, at least as it relates to the proper enforcement of land use regulations in support of protecting the general health, welfare, and safety of the citizens – again, in this case the municipal regulations dating back several decades were simply not enforced, whether it be knowingly or unknowingly. Despite prior errors, numerous review and inspection failures on this property continued and now have resulted in a list of blatant erroneous approvals which substantially and unreasonably prohibit the property from any improvements whatsoever, sans relief from the Board of Adjustments. b) The hardship is not general to the area in which the property is located because: The applicant nor homeowner is aware of any property in the area which has experienced this degree of errors spanning almost twelve (12) years via at least eight to ten (8-10) erroneous permit approvals and dozens of corresponding field inspections, which now require the homeowner to seek remedy utilizing their own resources in lieu of any administrative relief from the City of Austin Development Services Department. City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 7 of 12 ITEM04/6Area Character 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: The requested variances for: 1. Partial shoreline reduction from 75’ to 50’ for a width of 40’ to maintain existing HVAC;, 2. Reduce side yard setbacks from 10’ to 5’, and 3. Allow reduction of impervious coverage from 54% to 47.5% in the 0-15% slope category; All will have zero adverse impact to adjacent properties. The reduced impervious is better for the drainage and overall environmental features adjacent to the lake as well as surrounding properties (which do not seem impacted whatsoever by current ~55% IC). The addition of HVAC above existing HVAC (first floor previously approved via COA permits dating back to 2006-08) has no adverse impact on surrounding property and is in keeping with residences within the subdivision. Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 8 of 12 ITEM04/7 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 9 of 12 ITEM04/8Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: David Chace Date: April 1, 2024 Applicant Name (typed or printed): D a v i d C h a c e Applicant Mailing Address: 710 Hawthorne Loop City: Driftwood State: TX Zip: 7 8 6 1 9 Phone (will be public information): 5 Email (optional – will be public information): Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . Date: Owner Name (typed or printed): Michael and Caroline Hinson Owner Mailing Address: 2913 Westlake Cove City: Austin State: TX Zip: 78746 Phone (will be public information): Email (optional – will be public information): c h r i s @ t h e p i n n a c l e c o m p a n i e s . c o m Section 5: Agent Information Agent Name: David Chace c/o Texas Excavation Solutions Agent Mailing Address: 710 Hawthorne Loop City: Driftwood State: TX Zip: 78619 Phone (will be public information): Email (optional – will be public information): d Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 10 of 12 ITEM04/9