Board of AdjustmentJan. 13, 2025

ITEM05 C15-2024-0040 LATE BACKUP- OPPOSITION — original pdf

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ITEM05/1-LATE BACKUP ITEM05/2-LATE BACKUP Zilker Neighborhood Association __________________________________________________________________ 2009 Arpdale, Austin, TX 78704 ● January 8, 2025 Along South Lamar over the last 20 years, VMU and other bonus projects have been building The site on South First is only half an acre. Applying the South Lamar bonus standard, one could Re: Case C15-2024-0040 600 Cumberland, Austin TX 78704 Agenda item 5, January 13, 2025 Chair and Board of Adjustment Members: The Zoning Committee of the Zilker Neighborhood Association is opposed to the variance requested at 600 Cumberland and 2612 South First Street. We agree with the Galindo and Dawson neighbors that the request does not meet the findings required for the variance. In addition, we must emphasize that the request absolutely impairs the purpose of the applicable zoning regulations. The regulations in this case are the terms of a transit-oriented overlay intended to discourage large parking garages on major transit routes and to encourage more affordable housing units. about 80 to 100 units per acre, including at least 10% of the units affordable to 60% MFI, onsite, for 40 years, with parking equivalent to about 60% of the previous requirements. To the extent that a voluntary bonus program can be considered “reasonable use,” those have become the standard dimensions for mixed use along the corridor. They represent a bonus, not a hardship. Now that parking minimums have been eliminated from the code, they likewise cannot be claimed as a hardship. reasonably expect a half-acre 5-floor multifamily project to have around 50 units (fewer if it includes a swimming pool, as this project does) and minimal parking (one and a half levels). There is no evidence that the City has ever denied that degree of reasonable use under the South First property’s GR-V zoning. Rather, in June 2023 the applicant received approval for a much larger deeply affordable project with 90 units and only 67 parking spaces. Rather than denying reasonable use, the City approved a site plan that far exceeded the capacity of the lot and the street. It was the applicant who declined the affordability terms and decided to go for an even bigger project (118 units, mostly market rate) with a very expensive underground parking garage (84 spaces) that conflicts with transit-oriented design standards. parking garage for circulation,” implying that a three-level parking garage is a reasonable use for a half- acre property fronting on a major transit route. The applicant also seems to present the logical fallacy that the transit route--the feature that makes the density bonus possible--is itself a hardship, even though no bus stop has been proposed on the property. projects to be built completely out of scale with the available land. If the applicant wishes to take advantage of the ETOD overlay, he should redesign the project for about 50 units, without the expensive underground parking, consistent with transit and affordability standards, and compatible with the surrounding area. this matter. We join them in requesting that the Board deny both variance requests. Lorraine Atherton, on behalf of the Zoning Committee of the Zilker Neighborhood Association Transit and affordability are the whole point of the ETOD overlay, but the code does not require ZNA appreciates your consideration of the position of the Galindo and Dawson neighborhoods in The applicant has argued that the regulation “does not allow for the geometric requirements of the Thank you for your service. ITEM05/3-LATE BACKUP From: To: Subject: Date: Ramirez, Diana; Ramirez, Elaine Board of Adjustment case #C15-2024-0040 Friday, January 10, 2025 11:49:45 AM Some people who received this message don't often get email from jwoods78704@gmail.com. Learn why this is important External Email - Exercise Caution Hello, I am writing on behalf of the Dawson Neighborhood Association, which has asked me to register our concerns about the above-referenced case. As you know, the Dawson Neighborhood is bounded by Oltorf, South 1st Street, Congress Avenue and Ben White Boulevard; we are adjacent close to this property and would be affected by the proposed development. We have also been in touch with the Galindo and Zilker neighborhoods and the South Central Coalition of neighborhoods and we wish to join them in their opposition to the project. We agree with our neighbors that the proposed variance does not meet with the stated goals of the relevant ordinance: the ETOD ordinance is designed to encourage the creation of affordable housing units on transit corridors, yet the project includes a large parking garage and not enough affordable housing. The stated hardship that the lot is too small and narrow to build within existing requirements ignores the facts that, first, the lot is similar to all the other commercial properties on the same corridor, and second, the size and shape of the lot cannot possibly have been unknown to the owner at the time of purchase. Any ETOD project should have MORE affordable housing and should require LESS off-street parking (to encourage transit use.) We also share our neighbors' other concerns: the building is grossly oversized for the size of the lot. It will be twice as tall as most other buildings on the street. It will loom over nearby homes, block out the sun in the morning and reflect the setting sun into their windows in the evening. The height results in too many apartments for the small lot size so residents will be parking their cars on both sides of the street in both Galindo and Dawson. Many of our streets are narrow and lack sidewalks, so cars would be parked on either of the streets, endangering pedestrians who will be obliged to walk in the middle of the street. There will also be an increase in the amount of traffic in our neighborhood. And all of this neighborhood interference won't even be in service of increasing the availability of affordable housing! As engaged citizens of this city, we are prepared to make sacrifices in order to further the greater good for all. We are prepared to deal with cars parked on our streets if we knew that the owners were residents of a reasonably-sized building that featured a significant percentage of affordable housing units. What we are not prepared to do is accomodate overflow parking for more luxury residences, especially since the indications are that the city has a surplus of expensive housing. Please look closely at the objections of our neighbors in Galindo and Zilker, who have taken a careful look at this project and prepared thoughtful comments about their concerns. We agree with these concerns. ITEM05/4-LATE BACKUP Thank you, Julie Woods Dawson Neighborhood Association president CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM05/5-LATE BACKUP From: To: Cc: Subject: Date: Ramirez, Elaine 600 Cumberland/Opposed Board of Adjustments case C15-2024-0040 Friday, January 10, 2025 12:50:52 PM [You don't often get email from p https://aka.ms/LearnAboutSenderIdentification ] . Learn why this is important at External Email - Exercise Caution Dear Elaine Ramirez,and City of Austin Board Of Adjustments members and staff, Thank-you all residents of Austin, in particular our neighbors of Galindo Elementary Neighborhood (GENA)and Dawson Neighborhood Association(DNA) Across the street from 600 Cumberland Rd. Just to be clear I oppose The City of Austin Board of Adjustments Case number C15-2024-0040 600 Cumberland Rd. 78704. The following are a few reasons for this: A) I oppose any and all setbacks adjustments B) I oppose this sized height development, C) This corner turns into one lane on my Homestead 807 Cumberland Rd., is a one lane street that already causes accidents and is heavy traffic one lane. D) Both sides of this Cumberland Rd. ONE LANE STREET has two walking sidewalks. E) Making any adjustments must be for The Safety of Galindo Neighbors as Well as FOR ALL walking people from all Austin and surrounding areas including Everybody’s walking and driving safety. F) This corner turns into is highly populated Walking and driving West to the Newer South Austin Recreation Center, Where WE VOTE and play at the South AUSTIN TENNIS CENTER.,and at our South Austin Park. Thank-you all City of Austin previous and Current staff for having corrected turn lane@ 600 Cumberland Rd. and South First Street. This development must be done as minimal zone requirements should be cut back instead of adjusting and compromising many years past to make this intersection safer for Anyone’s minimum security and safety. ITEM05/6-LATE BACKUP We hope you will oppose this development request for adoption of adjustments. Thank-you Sincerely, Rolando Piña, property owner 807 Cumberland Road Austin,Texas 78704 Sent from my iPhone CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM05/7-LATE BACKUP