ITEM04 C15-2024-0019 GRANTED DS W CONDS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0019 ___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) APPLICANT: David Chace OWNER: Michael and Caroline Hinson ADDRESS: 2913 WESTLAKE CV 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 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) in order to complete a remodel and addition to an existing 2 story single-family residence in a “LA”, Lake Austin zoning district. Note: This subsection of the Land Development Code applies to a lot included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted, and that is located in an LA district. For the above address the LSD tract was acknowledged by COA per attached document as approved legal tract in March 2008 by COA DAC staff via C8I-2008-0096. The separate instrument #2004165487 for lot 14 Lago Valla Addition Subdivision deed was recorded in August 2004 but existed in current configuration March 1982 per Volume 8027, page 352 T.C.P.R then received utility service May 1984. In this section: SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) (1) (2) shoreline that is prescribed in this section. (3) setback. SHORELINE SETBACK AREA means an area between the shoreline and the shoreline (B) This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1) The shoreline setback is: (a) 75 feet; or (b) 25 feet, if: (i) the lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the requirements to plat; and (ii) the distance between the shoreline and the front lot line, or the property line of a legal tract, is 200 feet or less. (C) This subsection specifies lot width and impervious cover restrictions in a Lake Austin (LA) district. (3) For a lot included in a subdivision plat recorded before April 22, 1982, or a tract that is not required to be platted, impervious cover may not exceed: (a) 35 percent, on a slope with a gradient of 15 percent or less; (b) 10 percent, on a slope with a gradient of more than 15 percent and not more than 25 percent; (c) 5 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (d) 40 percent, if impervious cover is transferred under Subsection (D). 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 tied to the advanced packet drawing - Item04/8, marked as Exhibit 2 Proposed Site Plan; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED TIED TO THE ADVANCED PACKET DRAWING -ITEM04/8, MARKED AS EXHIBIT 2 PROPOSED SITE PLAN.  FINDING: 1. 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 LA zoning regulations and current request to remodel interior and add second floor above existing first floor to better accommodate growing family and mobility issues in contemporary layout. 2. (a) The hardship for which the variance is requested is unique to the property in that: a handful of noncompliance issues currently prohibiting any administrative remedy, the owner is forced to seek remedy from BOA, the gross site area of the lot is in conflict, the proposed remodel/addition proposes to add a 2nd floor to portions of the existing 1 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 the COA between 2006-2017, the attached exhibits reflect application mistakes and conflicting information found inside COA AMANDA entries for this property, despite the prior errors which now have resulted a list of erroneous approvals which prohibit the property from being from any improvements, therefore a variance is required, the hardship is that without the BOA variance approval, no work, no remodeling , no updating can be done on it’s property. (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 12 years. 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: the requested variances for partial shoreline reduction, reduce side yard setbacks, allow reduction of impervious coverage, all will have zero adverse impact to adjacent properties. Elaine Ramirez Executive Liaison Jessica Cohen Chair forITEM04/8