ITEM02 C15-2024-0015 DENIED DS RECON REQ — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 RECONSIDERATION REQUEST DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0015 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___-____Yung-ju Kim (D4) ABSTAINED ___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: Chris and Shannon Renner ADDRESS: 1306 ROCKCLIFF RD 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 minimum front yard setback from 40 feet (required) to 20 feet (requested) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (east side) from 10 feet (required) to 5 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or is a legal tract exempt from the requirement to plat. For the above address the Subdivision Plat was recorded on December 1, 1976 Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) In this section: (1) SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. (2) SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the shoreline that is prescribed in this section. (3) SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. (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 requirement 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. BOARD’S DECISION: BOA MEETING MAY 13, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to approve covering only the areas of the exiting house and current setbacks, and are only for the existing house configuration that already encroach and tie to presentation drawings- Item03/7, Item03/8 and Item03/9; Board member Jeffery Bowen second on 10-0 votes; GRANTED COVERING ONLY THE AREAS OF THE EXITING HOUSE AND CURRENT SETBACKS, AND ARE ONLY FOR THE EXISTING HOUSE CONFIGURATION THAT ALREADY ENCROACH AND TIE TO PRESENTATION DRAWINGS- ITEM03/7, ITEM03/8 AND ITEM03/9. RECONSIDERATION REQUEST BY APPLICANT: 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. RECONSIDERATION REQUEST: July 8, 2024 Madam Chair Jessica Cohen motion to deny the reconsideration request; Board member Jeffery Bowen second on 10-0-1 votes (Board member Yung-ju Kim abstained); RECONSIDERATION REQUEST DENIED. FINDING:  1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the home was constructed in 1958 and it was legally platted in 1976, house partially encroaches into the front setback and partially into the eastern side setback and into the near shoreline setback, this motion will be for the rear shoreline setback to be zero, the location and the length of the existing cut and slip period that the front setback will be reduced, the front setback will be modified to 20 feet where the existing structure is only for that protrusion and the eastern side yard setback decrease to 5 feet with the existing house configuration, if house get longer then it needs to comply to 10 feet and not 5 feet, if it’s bigger than the house that there none, existing structure on the lot, the lot is actually oddly configured and not actually square, there is an existing cut in boat slip in the 25 feet shoreline setback with heritage trees and the septic field in the front, and on the sides makes it hard to shift the house into some other configuration, so with the confines of the existing structure modifies the setbacks to allow a rebuild. 2. (a) The hardship for which the variance is requested is unique to the property in that: lot is oddly shaped, there are heritage trees most of lots are actually deeper allowing this section of Rockcliff because it does have an existing structure of that age it’s better to reconstruct as opposed to remodel a house of that age. (b) The hardship is not general to the area in which the property is located because: won’t see another one exactly like this one, all different, this is not as deep as most of them of the Lake Austin lots most are much deeper. 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 house already exists with these setback in its ancient life, the remodel replacement of the existing house to a newer house located in the same footprint will be alignment with the other structures, along Rockcliff, there been number of variances overtime as LA overlay with all the slope and other items, the slope map categories and such make it very difficult to actually remodel and this lot is lesser than the LA zoning, most LA zoned properties should be completely in alignment with the other structures along Rockcliff. Elaine Ramirez Executive Liaison Jessica Cohen Chair for