ITEM05 C15-2026-0017 ADV PACKET MAY11 — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0017 BOA DATE: Monday, May 11th, 2026 ADDRESS: 57 N IH-35 SVRD NB OWNER: Brian Copland COUNCIL DISTRICT: 3 AGENT: Michael R. McHone ZONING: GR-MU-CO-NP (East Cesar Chavez) LEGAL DESCRIPTION: 0.0292AC OF LOT 1 BLK 2 OLT 54 & 55 DIV O ELM GROVE ADDN VARIANCE REQUEST: Land Development Code, Section 25-2-779 (Small Lot Single-Family use) from:    (F) (1) lot size requirements to decrease minimum lot size from 1,800 square feet (required) to 1,493 square feet (requested) (F) (4) (c) (i) from setback requirements for a front yard setback from 10 feet (required) to 5 feet (requested) and Land Development Code, Section 25-2-735 (Festival Beach Subdistrict Regulations) (D)(1) from Impervious Coverage requirements to increase from 40% (maximum allowed) to 60% (requested) SUMMARY: erect a Single-Family residence ISSUES: irregularly shaped lot created by the condemnation by TXDOT for the expansion of IH-35 ZONING LAND USES GR-MU-CO-NP Site North SF-3-NP South LO-MU-CO-NP SF-3-NP East N IH-35 West Community Commercial – Mixed-Use Single-Family Limited Office – Mixed Use Single-Family Interstate Highway NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Overton Family Committee Preservation Austin Tejano Town Waterloo Greenway ITEM05/1 April 27, 2026 Mike Mchone 57 N Ih 35 Svrd Nb Austin TX, 78702 Property Description: 0.0292AC OF LOT 1 BLK 2 OLT 54 & 55 DIV O ELM GROVE ADDN Re: C15-2026-0017 Dear Mike, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC S25-2-779F1, F4, and LDC S25- 2-735D1 at address 57 N IH 35 SVRD NB. https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25LADE_CH 25-2ZO_SUBCHAPTER_CUSDERE_ART1GEPR_S25-2-472BOADVAAU Austin Energy does not oppose this request. Provided that any proposed or existing improvements follow Austin Energy’s Clearance and Safety Criteria, the National Electric Safety Code and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicants 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. Ashleigh Woolf, Project Assistant Austin Energy Public Involvement | Real Estate Services 4815 Mueller Blvd. Austin, TX 78723 (512) 972-8400 ITEM05/2ITEM05/3Portion of the City of Austin Land Development Code applicant is seeking a variance from: 25-2-779.F.1" lot size, MU portion allows lot to be developedin this section, Smalll lot single family residece use is SF-3 subsection F-L rminimum lot size 1800sq ft: REQUEST is a variance to 1493Sq ft (TEXDOT taking) 25-2-779.F.4.c.i: Front lot setback required 10 ft set back; REQUEST is 5ft fron setback '">h ") 7'lC::. n -1 C'_,... ... i,,nl c,...,...-h ,..., ,hrli .... 4-rin.f. """"'": ......... ll"'W"I :_.._.,..."""'';,..., ..... AnO/ I a.not. o ,...,.... ·-,...,._,.,. � � - ;z. - 7 35, P, I lts�, :CJIJt--14,{�� r,,,,p�v/oi(� e..o'-',#-z:-- r-,« ro �oTt Section 2: Variance Findings Fne:,Jt,t, qo'ie, ( '2..t'/<;,;:-'1- /;t,.,�11tSt!'j 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: This property was given similar Variances in case C15-2016-0099 due to a taking by TEXDOT In 2025 TEXDOT again took 798 sq ft/ leaving 1493 Sq ft of a very irregular shaped lot. It remains a taxible parcel. The home that was constructed as a result of the original variances was demolished by the "taking". The variaces if granted would allow for a smaller residence to be constructed Hardship a) The hardship for which the variance is requested is unique to the property in that: The current smaller irregular shaped lot was created by the condemnation by TEXDOT for the expansion of IH 35. b) The hardship is not general to the area in which the property is located because: Most lots in the Neighborhood do not front on the IH 35 frontage/access road. City of Austin I Board of Adjustment General/Parking Variance Application 2/9/22 I Page 5 of 8 ITEM05/4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: Many lots in the Neighborhood are developed with small homes and the proposed single family home is compatible with the adjacent prpoperty uses. 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 I Board of Adjustment General/Parking Variance Application 2/9/22 I Page 6 of 8 ITEM05/5ITEM05/6ITEM05/7ITEM05/8ITEM05/9ITEM05/10ITEM05/11ITEM05/12ITEM05/13