Board of Adjustment approves variances in the interest of health and safety
Thursday, October 17, 2024 by
Hunter Simmons The Board of Adjustment heard a presentation on Tuesday from David Webber, of the Webber + Studio architectural design firm, who requested two variances for increased impervious coverage and floor area ratio at a property in Old West Austin.
The property, located at 705 Brownlee Circle, is owned by Brad Hoskins. Currently, there is a duplex on the site, but Hoskins is planning to redevelop the structure with Webber + Studio to build a family compound to accommodate his multi-generational blended family and his son’s caregivers.
In February 2023, the zoning map for the property was changed from Family Residence-Neighborhood Plan (SF-3-NP) zoning to Multifamily Residence-Medium Density-Neighborhood Plan (MF-3-NP). The Home Options for Mobility and Equity, or HOME code amendments are among a series of updates to the city’s Land Development Code. Phase I of these updates was adopted on Dec. 7, 2023.
Hoskins’ son is confined to a wheelchair and receives around-the-clock care, which requires the residence to be handicap-accessible. Because the family needs a large car to transport the son in his wheelchair, maneuverability in the driveway is a concern and necessitates full impervious cover, which is above the standard set by the HOME ordinance.
“In addition, the main unit of the house has an elevator on multiple floors, and the associated navigation around the maneuverability space required to actually have the elevator and maneuver in and out of it. That adds up to a floor area ratio limit for the main unit being above what the HOME ordinance now states,” Webber explained.
“We have been working with our clients for over a year on the design and development of their three-unit house. Along came a HOME ordinance that allows three units and so we were all thrilled about that, but they had just gone through this long process to get the MF-3-NP. In the end, we are actually not needing much of what the MF-3-NP zoning provides,” Webber said.
The HOME ordinance sets an impervious cover limit of 45 percent and a floor area ratio limit of 40 percent. However, the design plan for the property requires an impervious coverage of 65 percent and a floor area ratio of 50 percent.
“I feel like it is not that much of an unreasonable ask,” Board Member Michael Von Ohlen said in response to Webber’s request. “I’m sorry that you had to go through this type of confusion.”
Von Ohlen motioned to approve a variance, seconded by Board Member Melissa Hawthorne, that would increase the impervious coverage to 65 percent, increase the floor area ratio to 50 percent with the condition of SF-3-NP standards and use, and include a friendly amendment for landscaping, shrubbery or screening to hide the new parking places in the front from the street (as requested by the neighborhood association).
Board of Adjustment members unanimously approved the two variances for the property.
The board members remarked on the complexity of the city’s Land Development Code and agreed that it can be difficult to interpret due to lack of organization. However, they reaffirmed the need for property owners to go through the process of formally requesting variances for special uses.
“My motion is based on the reasonable use, accessibility, and health and safety of ingress and egress. We have passed motions in the past based on health and safety,” Von Ohlen said. However, he clarified that, “This variance will carry only with your property. It does not set a precedent for other properties.”
Phase II of the HOME ordinance was adopted by City Council on May 16, 2024. The goal of these changes is to provide more housing types and increase housing supply within single family-zoned areas of Austin. Citywide development applications will be accepted under Phase II starting Nov. 16, 2024.
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