ITEM06 C15-2024-0034 ADV PACKET — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0034 BOA DATE: October 14th, 2024 ADDRESS: 705 Brownlee Cir OWNER: Brad Hoskins COUNCIL DISTRICT: 9 AGENT: Robert Allison ZONING: MF-3-NP (Old West Austin) LEGAL DESCRIPTION: LOT 32 PARK VIEW VARIANCE REQUEST: Land Development Code, Section, 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (B) (7) Impervious Coverage to increase from 45 percent (maximum allowed) to 65 percent (requested) (E) (4) F.A.R to increase from 40% (required) to 50% (requested) o o SUMMARY: remodel existing residence ISSUES: zoning change the owner’s received against the preferences of the neighborhood ZONING LAND USES MF-3-NP Site North SF-3-NP South CS-MU-V-CO-NP East MF-4-NP West MF-4-NP Multi-Family Single-Family General Commercial Services-Mixed Use Multi-Family Multi-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Old West Austin Neighborhood Association Old West Austin Neighborhood Plan Contact Team Preservation Austin Save Barton Creek Association Shoal Creek Conservancy ITEM06/1September 30, 2024 David Webber 705 Brownlee Cir Austin TX, 78703 Re: C15-2024-0034 Dear David, Property Description: LOT 32 PARK VIEW Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-733(B)(7) & 25-2-733(E)(4)(b) at 705 Brownlee Circle. 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 Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM06/2ITEM06/3ITEM06/4ITEM06/5ITEM06/6ITEM06/7ORDINANCE NO. 20230209-062 AN 035) NANCE 1EZON-NG AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 705 BROWNLEE CIRCLE IN THE OLD WEST AUSTIN NE G BOR_-OOD PLAN AREA FlON FAIV_-Y RESIDENCE- NEIGHBORHOOD PLAN (SF-3-NP) COMB NING D STR CT TO MULTIFAMILY RESIDENCE kED-UlV DENSI-Y-NEIGHBORHOOD PLAN (MF-3-NP) CONBIN-NG D-STR CT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from family residence-neighborhood plan (SF-3-NP) combining district to multifamily residence medium density-neighborhood plan (MF-3-NP) combining district on the property described in Zoning Case No. C 14-2022-0084, on file at the Housing and Planning Department, as follows: LOT 32, PARK VIEW, a subdivision in the City of Austin, Travis County, Texas, according to the map or plat thereof recorded in Volume 5, Page 69, of the Plat Records of Travis County, Texas, (the "Property"), locally known as 705 Brownlee Circle in the City of Austin, Travis County, Texas, generally identified in the map attached as Exhibit "A". PART 2. Except as specifically modified by this ordinance, the Property is subject to Ordinance No. 020926-26 that established zoning for the Old West Austin Neighborhood Plan. PART 3. This ordinance takes effect on February 20,2023. PASSED AND APPROVED February 9 ,2023 /41 94 Kirk Watson Mayor APPROVED:/(-?816 - ATTEST: Deborah Thomas Interim City Attorney Myrna Rts City Clerk Page 1 of 1 ITEM06/8UNIVERSITY OF TEXAS UNZ e y jr I M -4-N N 4 S- P M- P 0 -3- b p M -4- P P F -H NP 4. F - 11 112 Y 974 (31,0 aP 47 M- 0 e P F- -N <f -N ? 0t S- MF S -N Cl 04-0 410 4-el 10 04-01 28 87487 0 112 CO DOS P7/ 4 i. S- 0 MFA-NP ID--ENTS 1 *G -\ F-3-N -H - S -3- Cl 4-01.05 -N F.4 -HD- C14 201 12 SF- -H- 0 .4 009- 4-01 Cl 7 06 - 4-3. Hb•*AP .2.429, /- 0/ SF- k e P # 4- 5 MF 4-HD P P 112 P VWESTAUST PARK /2 F-3- P I lotk. ' ap Z P S C14-60·014 3- MF-2-NP ; / MF-3-NP .V XMF?P,; 70- /44..9.- -t (e/.4-04·014903 .. ,.24hkbla.HDNP 7#.f?S'**t l ? ©7?<bF·daH-HO-* -d?-3-? 419013.MRA-SFF»kl??t £ 3. 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CS-MU-V-CO-Nlp C142007-0237 I £S-H-NI? CS- 14-2 7 02 . Co 0 4/St 4,9, 2 Gj AS AG m APY 4 tD J CS-H-NP ce -MU?5 4 7· RE?-4 C C 7 Si/3 0/C 2 7. . S U -C - 4 07-0 37 ·0 98?Of E-- Q I SH P P CE TER P- -N : 41. I. $3 228 a ET L EN R SP .11 C 4 El. '40 L -CO-NP RESTAURANT ROSEST 4U C, 0 7 12 S. ... C14-2021-0111 C14-2012-0015 LI-PDA-NP RESERVE RD TOWNE LAKE PARK P-NP SPC 97-111C HUMANE SOCIETY ANIMAL- SHELTER 02·0112 LI-CO-NP LI- TRA STA ON TOWNE LAKE PARK ·0031/ YMCA ZONING ZONING CASE#: C14-2022-0084 I1 Im 2 4kzIt/v. o. p 17?FIE '4 q-200A231 i rN i 4- 4 4/ 7 / / IL\-PDA-MP / ll₺1440134 / 1 -Po? 1 1 1% //04- 1 7-04772./ &3 94=6Lf GENERAL\RETAIL 04 r - SPC-04-004X / I -? DMU Mk eli lit- m SP97-018+ SP.03-02-(1 7 / SUR,60 '14/.1 Ti#44-99 0,2 crt- EXHIBIT A //6.F-7/, 0 N 35£99 //12-e X.P-NPO 0 02?112 P-NP ?--?-1 PENDING CASE i-? SUBJECT TRACT ZONING BOUNDARY 1 " = 400' This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. This product has been produced by the Housing and Planning Department geographic reference. No warranty is made by the City of Austin regarding specific accuracy or for the sole purpose of 6 0-:M>-/4 Created: 6/27/2022 ITEM06/9ITEM06/10705 BROWNLEE CIRCLE VARIANCE REQUEST: IMPERVIOUS COVER & FAR Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 COVER SHEET 1 ITEM06/11Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 LOCATION MAP & SURVEY 2 ITEM06/12Required Findings Reasonable Use: Hardship: Area Character: The zoning regulations applicable to the property do not allow for a reasonable use because: The zoning regulations do permit a reasonable use via MF-3 Zoning, a zoning that the clients received via a many months-long arduous re-zoning process, against the preferences of the neighborhood, to accommodate what the newly enacted HOME ordinance now nearly fully accommodates. The owners, with the anticipated support of the neighborhood, wish to adhere to SF-3 use that reflects the lower impact build that was always their intent. The intended use's zoning does not allow for a reasonable use because: A: Impervious Cover: The impervious cover limit of the desired SF-3 use (.45) provides inadequate hardscape needed for one of the residents, confined to a wheelchair, to access the majority of the site. Note: The owners are committed to the use of pervious concrete for the driveway and parking areas which will lessen the impact of the variance request. B: Square Footage: The overall design of the home does comply with the gross square footage permissible under the new HOME ordinance, however, the FAR of the primary unit exceeds the single-unit limit due to the square footage required for a van-accessible 2-car garage, an elevator and associated landings on multiple floors. A) The hardship for which the variance is requested is unique to the property in that: The clients are required to have a zoning they don't prefer, and that the neighborhood doesn't want, in order to comply with the basic accessibility clearances needed to accommodate the multi-generational home, with a unit for live-in medical help, that was always the intent and that is now accommodated by the new HOME ordinance. B) the hardships is not general to the area in which the property is located because: The only area on the site that accommodates the garage, its access, turning radii, the elevator, stair, and the required landings and their clearances, is behind the existing structure which necessitates more driveway coverage to access. 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: We believe that the granting of this will not only not impair, but will uphold and be compatible with the SF-3 zoning in the area of the neighborhood. Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 REASONALBE USE, HARDSHIP 3 ITEM06/13Members of the Board of Adjustments Our son, Peter, uses a wheelchair at all times and requires around the clock medical supervision. He is currently unable to live in or even visit our home in Rollingwood, which is located on an extremely steep slope and on multiple levels. Redeveloping our property at 705 Brownlee allows us to have a completely accessible home with space for our multi-generational blended family and caregivers as needed. From the beginning, our intention has been to build more of a family compound than an apartment building, We have gone forward with a design which meets compatibility setbacks, does not significantly alter the footprint of the existing dwelling and respects the character of the neighborhood. Adding an additional dwelling unit to our lot in Old West Austin allows our family to live together close to our city’s vibrant core. In October of 2022 we proposed re-zoning this property to allow us to rebuild an existing carport as a garage and add a third unit to the site as a second story above the existing duplex that would be served by the addition of an elevator. At that time, there was no provision to allow for three units on a lot zoned SF3, so in January of 2023, Planning Commission recommended approval to change the zoning from SF-3 to MF-3. As you can see in the Commission’s hour long deliberation at that meeting (case 34 at https://austintx.new.swagit.com/videos/196522) both our neighbors who had opposed the zoning change and the commissioners themselves all seemed to agree that our project SHOULD be allowed under SF Zoning [PREVIOUS CASE: C14-2022-0084 - 705 Brownlee Circle Rezone] but our land development code made that impossible. In the time since this was approved, the HOME code amendments have passed which do allow development of up to 3-units on single family property. Furthermore, over the course of the design and permitting process for MF-3, it has become clear that the project will be subject to cost and infrastructure requirements under the commercial permitting process that are intended for larger developments and not small lot, 3-Unit developments like this one. We would like to be able to seek permitting for the project under the HOME act, however, two of the regulations in HOME are prohibitive to our desired use, and we are here to ask that the property instead be subject to the limits in the comparable MF-3 Zoning due to the previously established hardship: #1) Impervious Cover: [ORD # 20231207-001: 25-2-773: (B) (7)] Requesting permission to increase the impervious cover limit from 45% permissible under SF-3 / HOME to 65% which would be permissible under MF-3. • The additional 20% provides much needed hardscape, driveway, and parking areas, all of which are critical to the needs of a family with a son in a wheelchair, as well as the turning / parking requirements of an accessible van. • Our neighbors had previously cited concerns about additional on-street parking. Our design allows for two more off-street parking spaces. • Diagrams are attached on the following pages showing the current impervious cover, the proposed under MF-3, and the allowable under SF-3. #2) Limit one unit FAR to .4: [ORD # 20231207-001: 25-2-773: (E) (4) (b)] Requesting permission to up this limit from 40% to 50% [1000SF] (there is no single unit limit in MF-3). • With lot size of 10,000 SF, HOME caps the maximum single unit size on this property at 4,000 SF. • The intent of the original rezoning was to develop the property as a multigenerational home with a fully accessible third unit (Unit C) on the second story. The design of Unit C incorporates the following: • An elevator (& landings) that connects all levels so Peter has access to the entire Unit takes up 80 SF / Floor • A van accessible garage. Under MF-3, garages are not counted as floor area, while under SF-3, they are counted. The 2-car garage with room for a van-accessible parking spot and circulation takes up 640 SF. • Oversized circulation spaces, turning radii, hallway widths, door widths, etc. due to accessibility requirements, as compared to standard residential takes up an estimate 120 SF throughout the home Elevator & associated landings: 80 SF x 4 (Basement, Ground, 2nd Floor, Rooftop) = 320 SF 2 Car, van accessible garage & circulation = 640 SF Increased circulation space as required by accessibility needs = 120 SF Total: 1,080 SF • With the amount of accessible / multigenerational space required to meet the intent of the original re-zoning, the amount of living space needs to be reduced in order to stay under the 40% limit in HOME. • The total FAR of the property does NOT need to change, just the maximum percentage of Unit C. In summary, we previously received approval for rezoning our property to MF-3. Now we would like to develop it under SF-3 (HOME), however two stipulations of SF-3 HOME are prohibitive and would not apply under MF-3 Thank you for your consideration Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 NARRATIVE 4 ITEM06/14PERVIOUS AREA 50% DECK POOL 3,401 sq ft 111 sq ft 54 sq ft 224 sq ft PLPL IMPERVIOUS COVER ANALYSIS LOT AREA: 10,003 SF IMPV COVER LIMIT MF-3: 65% MAX IMPERVIOUS COVER: 6,502 SF PERVIOUS GROUND COVER: DECK COVERING GRADE (COUNT 50%): POOL (COUNTED PERVIOUS): TOTAL PERVIOUS COVER 3400 SF 82.5 SF 224 SF 3,706.5 SF IMPERVIOUS COVER PROPOSED: 63% F F PLPL PL PL Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 Exhibit A: Impervious Cover 65% EXH-A ITEM06/15PERVIOUS AREA 50% DECK POOL 5,226 sq ft 111 sq ft 224 sq ft PLPL IMPERVIOUS COVER ANALYSIS LOT AREA: 10,003 SF IMPV COVER LIMIT SF-3: 45% MAX IMPERVIOUS COVER: 4,501.3 SF PERVIOUS GROUND COVER: DECK COVERING GRADE (COUNT 50%): POOL (COUNTED PERVIOUS): TOTAL PERVIOUS COVER 5226 SF 55.5 SF 224 SF 5,505.5 SF IMPERVIOUS COVER PROPOSED: 44.96% " 4 - ' 2 1 " 0 - ' 9 F F " 0 9'- PLPL PL PL Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 Exhibit B: Impervious Cover 45% EXH-B ITEM06/16