ITEM05 C15-2024-0022 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0022 ___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) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Gerardo Maximiliano Martinez ADDRESS: 1012 VARGAS RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from lot width requirements to decrease the front lot width from 50 feet (required) to 44 feet (requested), in order to subdivide one lot into two separate lots in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Montopolis Neighborhood Plan). BOARD’S DECISION: JUNE 10, 2024 Chair Jessica Cohen’s motion to postpone to July 8, 2024 (due to not having enough board members for voting purposes), Board member Suzanne Valentine second on 8-0 votes; POSTPONED TO JULY 8, 2024, at PDC, 6310 Wilhelmina Delco Drive, Event Center, 1st floor. July 8, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the existing SF-3 lot has 12,470 sq ft of land area, there is enough land area to create 2 SF-3 lots above 5.750 sqft to provide more housing in the neighborhood 2. (a) The hardship for which the variance is requested is unique to the property in that: the subject property was sized to be a corner lot however COA does not have plans, a flag lot is not feasible on this lot because the flag portion of the subdivision does count towards the total lot area and there is not enough area to complete two standard SF-3 lots. (b) The hardship is not general to the area in which the property is located because: the subject tract is configured in such a way that it is large enough for two standard SF-3 lots but not wide enough to provide the required 50’ of frontage. 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: Vargas Road is made up of mostly 6,000 to 8,000 SF single family lots, proposing to subdivide an existing 12,000 SF lot into 2 -6,000 SF lots, doing so will not impair COA’s zoning intent for this area. Jessica Cohen Chair Elaine Ramirez Executive Liaison for