ITEM02 C15-2024-0024 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday August 12, 2024 CASE NUMBER: C15-2024-0024 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) OWNER/APPLICANT: CHRISTI LANE ADDRESS: 2104 WESTOVER RD VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and (2) a solid fence is a fence other than an ornamental fence. (C) The height restrictions of this section do not apply to an ornamental fence. (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up. (E) If there is a change in grade of at least one foot measured along any run of a solid fence along a property line, then the portion of the fence where the grade change occurs may be constructed to a maximum height of seven feet. (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or ITEM02/1(2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six-foot fence and gain access to a hazardous situation, including a swimming pool. (G) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. (H) A solid fence may be constructed to a height of eight feet if the fence is located between a residential use and: (1) property zoned as a commercial or industrial base district; (2) property used for a commercial or industrial use; or (3) an alley that separates a residential use and: (a) property zoned as a commercial or industrial base district; or (b) property used for a commercial or industrial use. (I) Except as provided in Paragraph (1), a fence shall be constructed in accordance with this subsection. (1) This subsection does not apply to a fence that: (a) was constructed before July 31, 2023; or (b) is more than six feet in height and located on a property with a non-residential use. (2) When more than 50 percent of the total linear distance of an existing fence is replaced, the entire fence must comply with this subsection. (3) For new or replacement fences that follow historic design standards, this subsection will control if there is a conflict with the historic design standards. (4) A fence may not include: (a) spiked pickets, spiked bars, or other spiked decorative elements above the top horizontal backer rail; (b) vertical pickets above the top horizontal backer rail if the vertical pickets are separated by more than two inches and less than nine inches; (c) razor-like wire; or (d) barbed wire unless the fence is enclosing an airport or other landing area for aircraft and the use of barbed wire is required by Federal Aviation Administration regulation. (5) A fence that creates a substantial risk of entrapment or impalement is prohibited. (6) A solid chain link fence shall use knuckle selvage. (J) A fence used as a swimming pool barrier shall comply with Chapter 25-12, Article 14 (Swimming Pool and Spa Code). Source: Section 13-2-308; Ord. 990225-70; Ord. 031211-11; Ord. 050127-64; Ord. No. 20141120-181, Pt. 1, 12- 1-14; Ord. No. 20230720-156, Pt. 2, 7-31-23. BOARD’S DECISION: POSTPONED TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 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: Elaine Ramirez Executive Liaison Jessica Cohen Chair Diana Ramirez for ITEM02/2BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0024 BOA DATE: August 12th, 2024 ADDRESS: 2104 Westover Rd OWNER: Christi Lane COUNCIL DISTRICT: 10 AGENT: N/A ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: .17 AC OF LOT 3 BLK 4 BROWN HERMAN ADDN VARIANCE REQUEST: increase the fence height from eight (8) feet (maximum allowed) to twelve (12) feet (requested) SUMMARY: maintain 12 ft fence constructed without a permit ISSUES: original lot was diagonally bisected for development of Mopac ZONING SF-3-NP Site North UNZ South East Mopac frontage road West SF-3-NP SF-3-NP LAND USES Single-Family State owned land Single-Family Mopac frontage Rd Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Preservation Austin Save Barton Creek Association Shoal Creek Conservancy TNR BCP – Travis County Natural Resources West Austin Neighborhood Group ITEM02/3August 1, 2024 Christi Lane 2104 Westover Rd Austin TX, 78703 Re: C15-2024-0024 Dear Christi Lane, Property Description: .17 AC OF LOT 3 BLK 4 BROWN HERMAN ADDN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC 25-2-899(H) at 2104 Westover Road. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Support Services | Austin Energy 4815 Mueller Blvd, 2nd Floor Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM02/4Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ C15-2024-0024 13349278 0118020104 Section 1: Applicant Statement Street Address: ___2104 Westover Rd Austin, TX 78703 Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Outlot: Herman Brown Addition Division: Subdivision recorded in book 5, page 98 Lot(s): 3 Block(s): 4 Zoning District: SF-3-NP (WANG) Council District: 10 I/We Christi Lane. on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month June , Day 25 2024, Year , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 4 of 9 ITEM02/5Type of Structure: Fence. Portion of the City of Austin Land Development Code applicant is seeking a variance from: BOA variance code 25-2-899 for fence height of 8 feet increased to 12 between residential and commercial/industrial (in this case, Department of Transportation) property line. Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: Original lot was diagonally bisected for the development of MoPac. Frontage road exists in the exact proximity where the other half of the yard used to be along the length of the diagonal. The juxtaposition of this property line exposes the remaining property to vehicle impact and hazardous debris at highway speeds and property damage has resulted. _________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: Similar properties in the area are rare. None have lot bisected, but all reflect protective measures already in place with a 12-15 foot concrete wall. Other lots in the area with the same traffic impact and proximity to MoPac have a 15’ wall built by the department of transportation protecting the property from the frontage road. Photos are lots and the wall in an attached file. The photo of my property shows a long length of unprotected area. When the experimental height of an 8’ fence was first in place, windows continued to break at the back of my house. Car parts and rock were found to be the penetrating objects inside my house. Because of this, another panel was added to the fence structure creating a 12’ height and my property damage ceased. Currently I do not use the backyard as the fence has been partially destroyed again by a vehicle collision and the temporary fence is only 6-8 feet. The collection of hazardous debris in the attached photo document were collected over the course of 5 days (one photo for each day) with this 6-8 foot fence in place. ____________________________________________________________________________ shown of these b) The hardship is not general to the area in which the property is located because: The bisection of the lot, proximity to MoPac and high downtown traffic, elevation of the lot relative to the frontage road (12’ fence still below grade/altitude of highest velocity point of City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 5 of 9 ITEM02/6frontage road) and absence of a protective wall are unique features solely of my property. These variables combined have proven to make an 8’ fence inadequate to protect my property and myself from physical harm. Area Character 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 only property shared with the property line is owned by the DOT. There is no residence/neighbor adjacent to the property and DOT use is not impaired by the vertical structure. The footprint of the grey fence is only the 8 inch square posts and 3/8 inch boards. Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 6 of 9 ITEM02/7____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: 6/25/2024 Applicant Name (typed or printed): Christi Lane Applicant Mailing Address: 2104 Westover Rd City: Austin. State: Texas Zip: 78703 Phone (will be public information): 5 Email (optional – will be public information): ____________________________________________ Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: 6/25/2024 Owner Name (typed or printed): Christi Lane Owner Mailing Address: 2104 Westover Rd City: Austin State: Texas Zip: 78703 Phone (will be public information): Section 5: Agent Information Email (optional – will be public information): ____________________________________________ Agent Name: ____________________________________________________________________ Agent Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 7 of 9 ITEM02/8ITEM02/9ITEM02/10ITEM02/11Photos: Hazards and Property Comparisons In addition to the dangerous destruction of my property, the first wreck also almost went through the neighbor's home where his daughter was sleeping. This was a drunk driver and law enforcement deciphered that no brakes were applied. The driver fled the scene leaving homeowner’s insurance to pay for damages. ITEM02/12ITEM02/13Damage with the 12’ fence was less. The brakes went out on this truck and it continued to accelerate from highway speeds on the downward slope of the exit ramp my lot was split to create. Property damages were $37,000 of which the driver’s insurance may pay $27,000 . ITEM02/14ITEM02/15ITEM02/16Debris collected in the backyard over the course of 5 days (June 12-16) with a 6-8 foot temporary fence. These objects enter my property at a velocity of highway speeds. I have replaced the windows of the back of my house three times and currently keep a set of backup windows on hand. Only debris deemed hazardous is displayed for efficiency. All other objects such as soft trash have been eliminated/not collected because the photos would be too extensive. At this time with the fence partially removed from the last wreck, I do not use the backyard of my property for myself or dogs out of fear of injury or death. One of the objects in the first photo is a railroad tie. Other objects include glass, including alcohol bottles,car and other machinery parts and construction debris and occasionally toys. ITEM02/17