ITEM04 C15-2024-0019 ADV PACKET PART2 JUNE10 — original pdf

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ITEM04/10 City of Austin Board of Adjustments c/o Elaine Ramirez City of Austin Development Services Department Re: 2913 Westlake Cove: Requesting: 1) partial setback reduction 75’ shoreline to 50’ (for width of 40’); 2) maintain 5’ side yard setbacks in lieu of 10’ required; 3) propose 48% IC in 0-15% slope (reduced from 54%) in lieu of required 35% IC in 0-15% slope Board of Adjustment Members: The proposed project seeks a mixture of setback variances to remedy a history of erroneous permit approvals and inspections approved by the City of Austin as a result of improper application information, incorrect AMANDA records for corresponding permit approvals, and to ultimately remedy the currently clouded title and non-compliant impervious coverage and setback encroachments resulting from 8-10 permit approvals and numerous subsequent building inspection approvals by the City of Austin over the span of a decade ranging from 2006 – 2017. The current requests would allow a remodel and addition to occur while reducing the various setback and impervious coverage compliance issues caused by a series of erroneous approvals. 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) per 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. 0–15% slope category allows 35% maximum IC, or 6,154 ft.²; 8. Existing 0-15% IC = 9,491 ft.² , or 54% 9. Proposed 0-15% IC = 8,884 ft.² , or 47.5% 10. The rear portion HVAC erroneously approved within 75’ shoreline setback; 11. Portions of residence encroach into 10’ side setback as result of 2014 LDC code changes; 12. The site is further encumbered by several protected tree CRZ’s and required OSSF field; 13. 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. The following (3) three variance requests are necessary to remedy outstanding compliance issues: 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 current HVAC footprint approved by COA; 3. Reduce impervious cover in 0-15% gradient from 54% IC to 47.5% IC. ITEM04/11 The exhibits attached herein reflect existing and proposed site conditions, a 3D rendering of proposed HVAC addition atop existing first-floor HVAC, and copies at least eight (8) known erroneous permit approvals issued by the COA spanning almost twelve (12) years between 2006 – 2017. As a result of the City’s continuous approval of incomplete and incorrect development applications multiple Certificates of Occupancy were subsequently issued despite blatant errors by both prior applicants as well as City review staff. The approvals reflect obvious differences in lot size numbers, degree of specificity on required plot plans, incorrect math, substandard application exhibits, and a host of seemingly contradictory information in the COA AMANDA permit system - especially when compared to applicant information delineated on (the same) application or site plan document, yet the AMANDA information does not match the application data. The main eight (8) permits for single-family residence, pool, and eventual remodel were approved and issued CO’s; however, in one way or another none of the approved permits meet the minimum standard for Lake Austin impervious cover slope maps, nor the LDC Chapter 25-2-551 requirements as they relate to Lake Austin impervious coverage nor setback regulations. The applicant is emphatic to the nature of human mistakes; however, the glaring disparities in site calculations, changes in zoning setback allowances, and approval of contradictory data has resulted in a bundle of unreasonable restraints on the property at no fault of the owner. Unfortunately, the property owner now bears the heavy burden of individual remedy in lieu of any administrative assistance from COA. Thus, we seek remedy from the Board. The current request allows the homeowner to maintain sections of previously approved HVAC footprint while reducing via the proposed redevelopment the net impervious coverage on the site. This HVAC space is slightly within the rear 75’ shoreline. And the residence’s sidewalls are built to 5’zoning setbacks as allowed at time of construction. Last, the improper LA zoning slope calculations utilized on prior applications has resulted in ~54% IC vs the allowed 35% maximum within the 0-15% slope category. The redevelopment proposes a reduction to 47.5% IC. These variances to maintain the side yard setbacks, maintain the HVAC space within the rear shoreline area, and reduce the net site area impervious coverage – all in order to clear a clouded title and allow reasonable development of the homesteaded residence. The proposal to remodel the interior and add HVAC atop existing HVAC is reasonable and comparable with surrounding structures. Many lots in this area are less than the required one (1) acre lot size for LA zoned properties. The site also has multiple cut-ins at the shoreline despite the platted lot line extending into the water. This both creates loss of 3,663 sf under water plus 8,595 sf in the 75’ shoreline area despite the lot being substandard sized to LA zoning requirements. Further it would be unreasonable to require demolition of the HVAC currently located within small portions of the 10’ side and 75’ shoreline setbacks, especially due to those improvements being approved via COA building permits and issued Certificates of Occupancy. Last, even with a slightly expanded net-site-area as a result of the minor shoreline reduction, the impervious coverage is substantially reduced from 54% to 47.5% IC. The owner is willing to make concessions as needed. The proposed plan removes a custom (approved) paver driveway in lieu of concrete ribbons in order to reduce the impervious coverage. The owner is also open to other typical concessions such as rain gardens, french drains, or rain barrels and similar, typical improvements as recommended by the Board. ITEM04/12 If approved, there will be zero adverse impact on adjacent properties. All other applicable zoning and building code regulations will be complied with. Many lots in this neighborhood coexist with similar permitting and lot restriction issues enacted by widespread application of Lake Austin zoning upon its initial adoption in the early 1980’s. As a result, the site’s land use entitlement issues created by the City of Austin are absolutely compounded by the application of Lake Austin zoning to an area otherwise deemed appropriate for SF-2 zoning. As a result of these actions taken by the city spanning three+ (3+) decades, this lot and others inside the neighborhood have experienced unreasonably difficultly developing the lots as they were intended for upon initial subdivision creation. Despite these challenges, the proposed design shown concurrent with solutions to the outstanding non- compliance issues bears zero adverse impact on any adjacent neighbor in any way. Please see attached exhibits such as pictures, site plans, and maps for quick reference. Thank you for your consideration of this matter. Sincerely, David Chace, agent for owner c/o Texas Excavation Solutions, LLC cc: Michael and Caroline Hinson, property owners ITEM04/13