ITEM11 C15-2024-0041 ADV PACKET DEC9 — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0047 BOA DATE: Monday, December 9th, 2024 ADDRESS: 4906 Lynnwood St OWNER: COUNCIL DISTRICT: 7 AGENT: ZONING: SF-3 LEGAL DESCRIPTION: LOT 3 RESUB BLK 4AND5 ROSEDOWN VARIANCE REQUEST: Land Development Code:  Section 25-2-492 (Site Development Regulations) to decrease the minimum interior side yard setback from 5 feet (required) to 2 feet 5 inches (requested) and  Section 25-2-515 (Rear yard of Through Lot) & Section 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (B) (3) (a) to decrease the minimum rear yard setback from 15 feet (required) to 3 feet (requested). SUMMARY: erect an addition to complete and change use to a Two-Family residential ISSUES: through lot Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 ZONING LAND USES Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Bull Creek Road Coalition Friends of Austin Neighborhoods Homeless Neighborhood Association Lower District 7 Green North Austin Neighborhood Alliance Preservation Austin Rosedale Neighborhood Assn. Save Our Springs Alliance Shoal Creek Conservancy ITEM11/1November 25, 2024 Bhavani Singal 4906 Lynnwood St Austin TX, 78756 Re: C15-2024-0047 Dear Bhavani, Property Description: LOT 3 RESUB BLK 4AND5 ROSEDOWN 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- 492 and 252-2-515(B)(1) at 4906 Lynnwood Street. 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 Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM11/2ITEM11/3Portion of the City of Austin Land Development Code applicant is seeking a variance from: 25-2-492 SITE DEVELOPMENT REGULATIONS for an interior side yard setback of 5' ____________________________________________________________________________ (required) to 2'5' (proposed) and 25-2-773(B)(2 &3) DUPLEX, TWO-UNIT, AND THREE-UNIT ____________________________________________________________________________ RESIDENTIAL USES for a rear yard setback on a through lot of 15' (required) to 3' (proposed) ____________________________________________________________________________ to change the use of a existing detached garage to a second dwelling unit with an addition. ____________________________________________________________________________ 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: ____________________________________________________________________________ When the existing garage was built in the 1930s, the current setbacks did not apply, so it was ____________________________________________________________________________ built very close to the property lines. In the late 1970's, the garage was converted into an ADU ____________________________________________________________________________ by adding on a bathroom and installing a kitchen, though the city has no record of this. The ____________________________________________________________________________ existing foundation is in excellent condition and can support a dwelling unit with a second story per our structural engineer. To avoid material waste, site disturbance, and cost of demolishing ____________________________________________________________________________ the concrete and repouring it in another location, we would like to reuse the concrete foundation ____________________________________________________________________________ and the existing framing of the detached garage/ADU. ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ Tyler St. is a small cul-de-sac that makes this property a through-lot, rather than a property with ____________________________________________________________________________ alley access. The setback for a through lot is 15' at each street rather than the 5' setback ____________________________________________________________________________ required from an alley, reducing the buildable area of the lot. Since the current garage is only 3' ____________________________________________________________________________ from the property line, current code would require moving the structure back 12', That would ____________________________________________________________________________ require demolishing other structures already on the lot, b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ There are only three through-lots in the area. One of them was granted a similar variance to the one we are requesting to build an ADU on an existing foundation in the setbacks. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application (cid:21)(cid:18)(cid:28)(cid:18)(cid:21)(cid:21) | Page 5 of 8 ITEM11/4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: ____________________________________________________________________________ It is an established neighborhood with many older homes and where ADUs are common. The ____________________________________________________________________________ proposed ADU addition is at the back of the lot in the location where a building has existed for ____________________________________________________________________________ eight decades. The adjacent neighbor to the south had a similar situation and was granted a ____________________________________________________________________________ variance for an ADU in the setbacks. The proposed second floor addition meets the 15' setback ____________________________________________________________________________ requirement from Tyler St, so the side setback encroachment only affects the one neighbor to ____________________________________________________________________________ the south. The neighor to the north also has an ADU as do several other homes on Lynnwood. 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 (cid:21)(cid:18)(cid:28)(cid:18)(cid:21)(cid:21) | Page 6 of 8 ITEM11/5ITEM11/6ITEM11/7 10.31.2024 Board of Adjustment City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 Re: Dear Board Members: Summary letter for 4906 Lynnwood Rd 25-2-492 SITE DEVELOPMENT REGULATIONS for an interior side yard setback of 5' (required) to 2'5' (proposed) and 25-2-773(B)(2 &3) DUPLEX, TWO-UNIT, AND THREE- UNIT RESIDENTIAL USES for a rear yard setback on a through lot of 15' (required) to 3' (proposed) to change the use of an existing detached garage to a second dwelling unit with an addition. 4906 Lynnwood is within the Rosedale Neighborhood. The site currently contains a primary residence and an existing non-compliant ADU/garage workshop. When the existing garage was built in 1937, the current setbacks did not apply, so it was built very close to the property lines. The same family has owned the property since it was built. In the late 1970's, the garage was converted into an ADU so that the current owner- the grandson of the original owner- could live there while attending college. The city has no record of the conversion. The existing foundation is in excellent condition and can support a dwelling unit with a second story per our structural engineer. To avoid material waste, site disturbance, and cost of demolishing the concrete and repouring it in another location, we would like to reuse the concrete foundation and the existing framing of the detached garage/ADU and create a comfortable home for the owner’s daughter. Below are some photos of the existing ADU. Tyler St. is a small cul-de-sac behind the ADU that makes this property a through-lot, rather than a property with alley access. The setback for a through lot is 15' at each street rather than the 5' setback required from an alley, reducing the buildable area of the lot. Since the current garage is only 3' from the property line, current code would require moving the structure back 12', requiring us to demolish other structures already on the lot. There are only three through-lots in the area. One of them was granted a similar variance to the one we are requesting to build an ADU on an existing foundation in the setbacks. www.workshopno5.com 5409 Woodrow Ave, Unit C, Austin, TX 78756 512.710.9705 ITEM11/8 Rosedale is an established neighborhood with many older homes and ADUs are common. The proposed ADU addition is at the back of the lot in the location where a building has existed for eight decades. The adjacent neighbor to the south had a similar situation and was granted a variance for an ADU in the setbacks. The proposed second floor addition meets the 15' setback requirement from Tyler St. The side setback encroachment only affects the one neighbor to the south, and they are supportive of this proposed addition. The neighbor to the north also has an ADU as do several other homes on Lynnwood, so the variance would not negatively impact the character of the neighborhood. On behalf of the owner, Darrell Azar, I ask you to grant this application for a BOA variance. Sincerely, Vani Singal Architect Workshop No.5 LLC www.workshopno5.com 5409 Woodrow Ave, Unit C, Austin, TX 78756 512.710.9705 ITEM11/9ITEM11/10ITEM11/11ITEM11/12