ITEM04 C15-2025-0041 ADV PACKET NEW INFO PART4 APPELLANT — original pdf

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From: Leitch, Steve <Steve.Leitch@austintexas.gov> Sent: Thursday, January 16, 2025 4:08 PM To: Terry Irion Cc: Wilcox, Todd <Todd.Wilcox@austintexas.gov>; Lloyd, Brent <brent.lloyd@austintexas.gov> Subject: RE: >; Christy May < Following our meeting on January 6, 2025, I re-reviewed the decision to approve Plan Review case PR-22-066047 with Brent Lloyd and Todd Wilcox. We considered your contention regarding location of the modified patio, as well as your position that the proposed development violates limits on modifications to noncomplying structures under LDC Sections 25-2-963(b)(2) & (4). This email explains my decision to approve the plans and addresses the main points you made at our meeting and in email communications on this topic. Location of Patio You have asserted on several occasions, most recently in an email from Tuesday, January 7, that the new patio extends further towards the rear (westward) than the previous patio: (“the entire pool deck was extended above finished grade additional lineal feet towards the rear of the property “) However, this claim is contradicted by the two images below from the approved plan set. The first image depicts the existing conditions, while the second image depicts the proposed conditions. As you can see, the reconstructed patio occupies the same footprint as the existing one except for the portion of the existing patio between 0’-5’ from the (south) side property line which was removed (the 3.25” difference in the measured dimensions is due to inaccuracy of the measurement method). The reconstructed patio which was approved does not extend further towards the rear of the property. ITEM04/1- NEW INFO PART4-APPELLANTLimits on Alteration of Noncomplying Structures ITEM04/2- NEW INFO PART4-APPELLANT You have stated that proposed modification of the patio violates LDC Sec. 25-2-963(B)(2), which provides that: “Replacement or alteration of an original foundation may not change the finished floor elevation by more than one foot vertically, in either direction.” However, there is no indication in the approved plans that the finished-floor elevation of the existing patio would change as part of the renovations. Further, this code section only limits changes in floor elevation that are caused by a foundation replacement/alteration. It is not apparent that the replacement/alteration of the foundation is what caused the change in the finished floor elevation of the patio. Rather, it appears as though the two conditions are merely coincidental. You have also stated that the proposed construction violates LDC Sec. 25-2-963(B)(4), which provides that: “If a noncomplying portion of a structure is demolished, it loses its noncomplying status and may only be rebuilt in compliance with current code.” This is not supported by review of the approved plans. On the contrary, the approved plans represent that a noncomplying portion of the patio would be demolished and not rebuilt, thereby reducing the degree of noncompliance relative to what existed before renovation. The demolished (and not rebuilt) portion of the patio no longer needs noncomplying status because it no longer exists. The plans do not represent that the entire patio would be demolished as part of the construction process. Steve Leitch Division Manager, Expedited Plan Review Development Services Department 6310 Wilhelmina Delco Dr., Austin, TX 78752 512-978-1676 | cell: 512-439-9934 Steve.leitch@austintexas.gov DevelopmentATX.com PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s ITEM04/3- NEW INFO PART4-APPELLANT