ITEM03 C15-2024-0018 GRANTED DS W CONDS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0018 ____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: Walter Olden ADDRESS: 921 52ND ST  (requested)  (requested), VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to: decrease the minimum street side yard setback from 15 feet (required) to 0 feet decrease the minimum rear yard setback from 10 feet (required) to 0 feet in order to complete a remodel and addition of 2nd FL residence to an existing detached garage in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (North Loop 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 with a friendly amendment that the exterior garage remodel be completed with fire resistant product (a.k.a hardi-board); Board member Jeffery Bowen second on 11-0 votes; GRANTED WITH A FRIENDLY AMENDMENT THAT THE EXTERIOR GARAGE REMODEL BE COMPLETED WITH FIRE RESISTANT PRODUCT (a.k.a hardi-board). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: lot has 3 heritage Pecan trees that are each over 100 year old, the tree diameters are 28”, 32” and 32”, therefore the critical root zones make any expansion very limited, would like to retain the existing non-complying garages as part of the building footprint. 2. (a) The hardship for which the variance is requested is unique to the property in that: the space available to construct the proposed garage apartment is very limited because of the critical root zones of three existing Pecan trees. (b) The hardship is not general to the area in which the property is located because: this property is a corner lot with non-complying garage location that was built in the 1950’s and limited area available for development that will not impose on the half critical root zones of three heritage trees. 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 garage was built in the 1950’s and ahs been established in the neighborhood for more than 20 years, the remodel that is planned will not interfere with any other property owners. Elaine Ramirez Executive Liaison Jessica Cohen Chair for