ITEM03 C15-2024-0026 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday September 9, 2024 CASE NUMBER: C15-2024-0026 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) OUT ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) RESIGNED ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Ryan Scurlock ADDRESS: 4812 PALISADE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin (LA) District Regulations) (C)(3) from setback requirements to: (a) less from 40.75 percent (maximum allowed) to 41.15 percent (requested) (b) more than 25 percent from 17.10 percent (maximum allowed) to 18.32 percent (requested), in order to construct a swimming pool 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 a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on September 23, 1980. Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) (1) (2) prescribed in this section. (3) increase the maximum impervious cover on a slope with a gradient of 15 percent or SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. 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 shoreline that is increase the maximum impervious cover on a slope with a gradient of 15 percent and not This subsection specifies shoreline setbacks in a Lake Austin (LA) district. The shoreline setback is: 75 feet; or 25 feet, if: The lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the (B) (1) (a) (b) (i) 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 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: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve; Vice Chair Melissa Hawthorne second on 9-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the impervious coverage on the property is unaltered from when the home was permitted and built in 1984 under LA zoning 2. (a) The hardship for which the variance is requested is unique to the property in that: due to the size and shape of the lot the applicants are unable to built since the impervious coverage limits exceeded/limitations when the original hose was built in1984 under LA zoning therefore a variance is required to allow any additions on the lot. (b) The hardship is not general to the area in which the property is located because: this is one of the smallest properties in the Cliff of Lake Austin subdivision significantly below the LA zoning minimum lot size requirement. 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: this will not change the character of the CLIFF over Lake Austin as many adjacent properties have a pool and will be consistent with them. Elaine Ramirez Executive Liaison Jessica Cohen Chair for