08.3 - 304 W 42nd St - Historic Landmark Commission Defense Document — original pdf

Backup

Historic Landmark Commission Homeowner Response 304 W 42nd Street 1. The Home’s original location does not meet the intent of the area and is not compatible with Hyde Park’s NCCD Ordinance # 20101216-093 Design standards for both Remodeling and New Construction. The Home is located at the rear of the property, and 5’ of the existing structure is currently non-compliant with current City building guidelines for setbacks. The Ordinance requires 5.9 New construction garages to be detached and at the rear of the property, Carports can’t face the front of the building. This creates a hardship for the Owner, as the current location of the home will not allow for remodeling. The Owner wants to add a garage or carport, and the proposed way to alleviate the homeowner’s hardship is to construct a new Home within the NCCD’s guidelines and get the parking (carport) at the rear portion of the property. 2. Part 7 of Hyde Park NCCD shows that the intent of the property is to locate the House facing Ave C. Part 7 of The Hyde Park NCCD # 2009423-092, as well as current City Regulations, would require this property to Face Ave C. The City will consider the narrow or shorter side of the property Ave C the front regarding current setbacks 25’ front and the corner, longer side 15’ the side setback, side property. Reviewing the 3 corresponding corner properties (see attached) of 42nd street at Ave C, 4201 Ave C, 4114 Ave C and 4115 Ave C, all are front facing Ave C, all at the front setback line. The house at 304 W 42nd Street is built at the rear of the property line currently encroaching The City of Austin’s rear setback guidelines. 3. 4.2 of The Ordinance #20101216-093 requires that any new Additions be located at the rear or rear side to be less visible from the street. This part of the Ordinance gives additional hardship to the Owner as the current location of the existing home is entirely at the rear of the property and would not allow for any new additions because any new additions or alterations could only go to the front of the Lot and facing Ave C. The Owner wants a garage or carport, so there is no way of keeping part of the current homes “elevation” since this is the only location on the lot for a garage or carport is at the rear of the property. 4. There is no additional evidence that the current home located at 304 W 42nd street has any architectural or historic significance. This is the owner’s compelling argument that the only contributing part of the current home is the date of its original construction. The owner contends that because of the incorrect positioning of the home on the lot, the lack of compelling architectural features and poor condition of the current structure, and finally with the addition of the City permitted utility room, the house at 304 W 42nd no longer retains its historic appearance. 5. The Owner is happy that the Staff has reviewed the plans provided for new construction. The Owner is willing to accept the invitation to the May 16th meeting of the Architectural Review committee, with the understanding that the Owner’s wishes to pursue demolition of the existing house and to ensure that new construction adheres to all guidelines. The Owner, the Owners Local Builder, and the Owners Local Architect understand that the summary of the review of our presentation of New Construction Plans has been determined that it meets “some of the applicable standards” for new construction, and would be willing to discuss why and or how to get the New Home plans to meet “All” of the design standards. 6. The City of Austin’s original water tap card, (see attached) indicates that its original and intended address was 4200 Ave C, more indication of the home’s incorrect placement. The Owner, Jennifer Alonzi, loves the Hyde Park neighborhood, her family has owned the property 304 W 42nd Street for 50 years. The Owner and her family are Local Austinites, and her desire is to continue living in the Hyde Park Neighborhood. Jennifer wanted to hire a local Home Builder, Tim Elbrecht, The Donavan Paul Co., to keep the history local. She also hired a local Architect, Kipp Flores Architects, to keep the history local. The owner has avoided the temptation over many years and multiple offers to sell the property to National Non-Local builders and developers that use high priced lawyers that would pursue developing this property in a manner not compelling to Hyde Park or Austin. The owner’s argument is clear; the current home is located on the lot incorrectly at the rear of the property and has no historical or architectural value other than the age of the home. The fact that The City of Austin took the time to provide an Ordinance # 20101216-093 that has an entire section carved out for design standards of “New construction” homes seems to argue that the intent of the Ordinance does allow from time to time for new construction in Hyde Park. If the intent of the Ordinance was to “Never” allow new construction those guidelines would not be needed. If the intent of the Ordinance was to “Never” allow new construction, then The City of Austin should not have accepted her efforts to obtain a demolition permit.