ITEM06 C15-2024-0034 GRANTED DS W CONDS — original pdf

Backup

CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0034 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Robert Allison OWNER: Brad Hoskins ADDRESS: 705 BROWNLEE CIR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the 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 o percent (requested) (E) (4) F.A.R to increase from 40% (required) to 50% (requested) o in order to remodel a residence in a “MF-3-NP”, Multi-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). 25-2-773 - DUPLEX, TWO-UNIT, AND THREE-UNIT RESIDENTIAL USES. (A) To the extent of conflict, this section supersedes the base zoning district regulations. (B) For a duplex, two-unit, and three-unit residential use: (1) minimum lot area is 5,750 square feet; (2) minimum front yard setback is 15 feet; (3) minimum rear yard setback is: (a) the base zoning district minimum rear yard setback; or (b) five feet when the lot is adjacent to: (i) an alley; or (ii) another lot with a use that is permitted in a multifamily base zoning district or less restrictive base zoning district; (4) minimum street-side yard setback for a lot located on a corner and: (a) on a Level 1 street is the greater of five feet from the property line or 10 feet from curb, or in the absence of curbs, from the edge of the pavement; or (b) on a Level 2, Level 3, or Level 4 street is 10 feet from the property line; (5) minimum number of street-facing entrances is one; (6) maximum building coverage is 40 percent; and (7) maximum impervious cover is 45 percent. (E) This subsection applies to the area established in Subsection 1.2.1 of Chapter 252, Subchapter F (Residential Design and Compatibility Standards). (1) In this subsection, (a) EXISTING DWELLING UNIT means a dwelling unit that is: (i) legally permitted and occupied before December 7, 2023; or (ii) described in an application for a residential permit that was submitted on or before December 7, 2023. (b) GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls, except as provided in this subsection. (2) Gross Floor Area Exclusions. (a) For a property that includes an existing dwelling unit that was constructed on or before December 31, 1960, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met. (b) For a property that includes an existing dwelling unit that was constructed on or after January 1, 1961, and is at least 20 years old, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met. (3) Floor-to-area ratio for a duplex or two-unit residential use. (a) The maximum floor-to-area ratio for the site is the greater of 0.55 or 3,200 square feet. (b) Except for an existing dwelling unit, a dwelling unit may not exceed the greater of 0.4 or 2,300 square feet. (4) Floor-to-area ratio for three-unit residential use. (a) The maximum floor-to-area ratio for the site is the greater of 0.65 or 4,350 square feet. (b) Except for an existing dwelling unit, a dwelling unit may not exceed the greater of 0.4 or 2,300 square feet. (c) Except for two existing dwelling units, two dwelling units may not exceed the greater of 0.55 or 3,200 square feet. Source: Section 13-2-254; Ord. 990225-70; Ord. 000309-39; Ord. 030605-49; Ord. 031120-44; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. 20080618-093; Ord. No. 20231102-028, Pt. 12, 11-13-23; Ord. No. 20231207-001, Pt. 8, 12-18-23 BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve impervious coverage increase to .65 and FAR to .5 with the condition of SF-3 standards consistent with SF-3 use, and friendly amendment of shrubbery or landscape screening of the new parking spaces in the front from the street; Vice Chair Melissa Hawthorne second on 10-0 votes; GRANTED IMPERVIOUS COVERAGE INCREASE TO .65 AND FAR TO .5 WITH THE CONDITION OF SF-3 STANDARDS CONSISTENT WITH SF-3 USE, AND FRIENDLY AMENDMENT OF SHRUBBERY OR LANDSCAPE SCREENING OF THE NEW PARKING SPACES IN THE FRONT FROM THE STREET. FINDING: 1. 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, via a many months long arduous rezoning process to accommodate the newly enacted HOME ordinance now nearly fully 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, the owners are committed to the use of pervious concrete for the driveway and parking areas which will lessen the impact of variance request. 2. (a) The hardship for which the variance is requested is unique to the property in that: due to the change in the zoning ordinance and the on set of the Home ordinance the applicant is unable to reasonably remodel the home to accommodate the health and safely concerns related to access to ingress and egress of the residence. (b) The hardship is not general to the area in which the property is located because: the only area on the site that accommodates it’s access turning radii are the required landings and clearances between the existing structure which necessitates more driveway coverage to access. 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 granting of this variance not only not impair but will uphold and be compatible with the SF-3 zoning in the area of the neighborhood. Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair