ITEM07 C15-2024-0023 GRANTED DS W CONDS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item07 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0023 ___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) OWNER/APPLICANT: Miki Agrawal ADDRESS: 1607 KENWOOD AVE 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 rear yard setback from 10 feet (required) to 5.7 feet (requested)  Section 25-2-492 (Site Development Regulations) from building coverage requirements to increase from 40 percent (maximum allowed) to 50.77 percent (1,599.40 sq. ft.)(requested) Section 25-2-492 (Site Development Regulations) from impervious coverage  requirements to increase from 45 percent (maximum allowed) to 60.37 percent (1,901.90 sq.ft.) (requested)  Section 25-2-963 (Modification and Maintenance of Non-complying Structures) (F) (2) to increase the additional length of the front wall from 31’-2” (50% of this is 15’-7”) to 18’- 1 ½” (requested) Section 25-2-963 (Modification and Maintenance of Non-complying Structures) (F)  (2) to increase the additional length of the side wall from 16’-1 ¾” (50% of this is 8’-1”) to 15’- 4 ¾” (requested) in order to complete a remodel/addition to an existing Single-Family residence in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (South River City Neighborhood Plan). Land Development Code Section 25-2-963 Modification and Maintenance of NonComplying Structures. (A) Except as provided in Subsections (B), (C), and (D) of this section, a person may modify or maintain a noncomplying structure. (B) The following requirements must be met in order to modify, maintain, or alter a non-complying residential structure: (1) Demolition or removal of walls must comply with the following requirements: (a) No more than fifty percent of exterior walls and supporting structural elements of the existing structure may be demolished or removed, including load bearing masonry walls, and in wood construction, studs, sole plate, and top plate. For purposes of this subsection, exterior walls and supporting structural elements are measured in linear feet and do not include the roof of the structure or interior or exterior finishes. (b) Replacement or repair of structural elements, including framing, is permitted if required by the building official to meet minimum health and safety requirements. (2) Replacement or alteration of an original foundation may not change the finished floor elevation by more than one foot vertically, in either direction. (3) For any residential use other than a single-family use in an SF-3 or more restrictive zoning district, the following requirements must be met in order to add square footage or convert accessory space into conditioned or habitable space: (a) If the lot is non-complying with current lot size or lot width requirements, the cost of improvements may not exceed 20 percent of the value of the structure before the improvements. (b) Compliance with current parking and occupancy regulations is required. (4) If a noncomplying portion of a structure is demolished, it loses its noncomplying status and may only be rebuilt in compliance with current code. (C) Except as provided in Subsections (E) and (F), a person may not modify or maintain a noncomplying structure in a manner that increases the degree to which the structure violates a requirement that caused the structure to be noncomplying. (E) A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if: (1) the increase is made to a portion of the building that: (a) does not exceed the existing maximum height of the building; and (b) complies with the yard setback requirements of this title; (2) the increase does not exceed 15 percent of the existing maximum height of the building; and (3) after modification, the height of the modified portion of the building does not exceed the existing maximum height of the building. (F) A person may modify a building that is a noncomplying structure based on a yard setback requirement of this title if: (1) the modified portion of the building: (a) does not extend further into the required yard setback than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section; (b) unless located in a street side yard, is not greater in height than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section; and (c) complies with the height requirements of this title; and (2) the additional length of a modified portion of the building does not exceed the lesser of 50 percent of the length of the noncomplying portion of the building or 25 feet measured from the existing building and parallel to the lot line. (G) Subsection (F) applies to each yard setback requirement with which the existing building does not comply. (H) A person may modify a noncomplying building once under Subsection (E) and once under Subsection (F). This section does not prohibit a person from modifying a building along more than one yard setback as part of a single project. Source: Sections 13-2-820 and 13-2-823; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. 20100624-149; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 4, 7-7-14. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve with conditions of a maximum impervious coverage of 60% of the lot size of 3,150.54 sq. ft. and impervious coverage mitigation consisting of rain water collection and rain gardens; Board member Suzanne Valentine second on 10-0-1 votes (Board member Yung-ju Kim abstained); GRANTED WITH CONDITIONS OF A MAXIMUM IMPERVIOUS COVERAGE OF 60% OF THE LOT SIZE OF 3,150.54 SQ. FT. AND IMPERVIOUS COVERAGE MITIGATION CONSISTING OF RAIN WATER COLLECTION AND RAIN GARDENS. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot is exceptionally small at 3150 sq ft, significantly smaller than the standard 6,000 sqft lot size, makes it extremely challenging to build a livable structure under current zoning regulations. 2. (a) The hardship for which the variance is required is unique to the property in that: the property is uniquely constrained by the size and shape , it is a subdivided lot of 3150 sq.ft. much smaller than the typical lot size in the area, additionally the lot has a significant slope further complicating construction and compliance with zoning regulations. (b) The hardship is not general to the area in which the property is located because: most properties in the area do not face the same size and topographical constraints. 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 proposed construction aims to maintain the historic character and integrity of the area. Elaine Ramirez Executive Liaison Jessica Cohen Chair for