ITEM03 C15-2026-0021 LATE BACKUP SUPP — original pdf

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ITEM03/1-LATE BACKUP-SUPPITEM03/2-LATE BACKUP-SUPPRe: Case C15-2026-0021 2101 Arpdale, Austin TX 78704 Board of Adjustment Agenda Item 3, June 8, 2026 To: Chair and Members of the Board of Adjustment, City of Austin On behalf of the Zoning Committee of the Zilker Neighborhood Association, I am writing to inform you that the committee is not opposed to the variance from 25-2-492 (side street setback) requested at 2101 Arpdale. Some background: Our review of this case began in March when the shade structure was cited for a violation of the “Openness of Required Yards” ordinance, 25-2-513. We approached it from the perspective of neighbors who have been asking about City regulation of shade-cloth covers, tarps, awnings, aka carport canopies, to protect cars and reduce the heat coming off of driveways. Neighbors say they are not getting clear answers from the City, and most are left with the impression that permits are not required. A few years ago, the AIA recommended revisions to the “Openness” section, making a distinction between the actual building versus "structures" that are unenclosed and detached. These shade structures are not porches or carports that are part of the house itself; they need a separate definition that acknowledges the importance of mitigating heat, along with some guidelines for safe installation. Until we have a chance to review the placement and dimensions of existing shade structures in the area, we are reluctant to refer to this one as a carport that would be subject to the same permitting as a potential garage under current code. The City is also considering other code changes that could be relevant to this case, including a reduction in the width of side street setbacks. Meanwhile, we recognize that this request presents a qualifying hardship. The findings: The case meets the necessary findings for a hardship, in that the house was built in 1950 on an unusually narrow corner lot. The house is set back only 12 feet from the side street (Ann Arbor), rather than the current code requirement of 15 feet. The driveway parking area itself conforms to code and minimizes the impervious cover on the lot, but the orientation of this side of Ann Arbor to the sun exposes the pavement to intense heat. Strict adherence to the code (either 492 or 513) appears to deny the owner the reasonable use of a shade cover for vehicles in the parking area. Throughout the neighborhood, covered but unenclosed parking is routine alongside houses, and the covers or awnings are allowed to overhang side setbacks. This minimalist shade structure does not alter the character of the area and it does not encroach on the setback from the adjacent property. Indeed, it benefits the area by noticeably lowering the heat on that side of the street. The purpose of the requirement for a 15-foot setback is not well defined in the code (either 492 or 513). It is not clear how one would measure the openness of structures, such as patio covers or driveway awnings, that may or may not be allowed under these ordinances. For 1 ITEM03/3-LATE BACKUP-SUPPinstance, the ordinance allows exceptions for “passive energy design,” parking areas, pools, covered porches, and landscaping, as well as solid fences and stone walls up to 8 feet high. Since the covering is supported by a basic metal frame, with no walls, screens, or enclosures, and there is no suggestion that the shade structure could be altered to add mass to the house, we are satisfied that it does not impair the purpose of either ordinance. To summarize, this variance request presents a qualifying hardship and appears to meet the other required findings, and so the ZNA Zoning Committee does not oppose the variance. Thank you for your service to the community. Drew Zerdecki Vice President of Zoning Zilker Neighborhood Association 2 ITEM03/4-LATE BACKUP-SUPPITEM03/5-LATE BACKUP-SUPP