Unaware that it was prohibited by metropolis code, Daniel Salazar fastidiously nestled his new residence towards his again property line. The venture was authorised by the town and the error was not recognized till after the construction was constructed. 

Because of this, Salazar got here earlier than the Board of Adjustment in search of a variance as a way to retain his newly constructed secondary home, which he constructed as his private residence 4.6 toes from the again property line at 2810 Gonzales St.

“I’ve been in Austin for all my life and this has consumed all my vitality and most of my funds. I didn’t place this there maliciously – I used to be following every thing that the town of Austin had instructed me to do,” Salazar stated. “I actually need to maneuver ahead with this as a result of I actually don’t have anyplace to reside.”

As a hardship, Salazar recognized an overextended heritage pecan tree about 35-40 toes in peak and breadth. A letter from Miles J. Lefler, an authorized arborist, defined that the massive tree had dropped limbs previously and that Salazar feared the tree could possibly be harmful.

Photograph by Google Maps

“I share his issues,” Lefler wrote. “I really feel that this tree might have its main leaders fail at any time. Mr. Salazar felt the farther from the tree he sited his new home, the higher for the protection of his household. I agree with him … I really feel that he did the prudent factor by transferring his new home as removed from the topic tree as potential, and I hope the BOA can grant him the variance he seeks, for the sake of finishing his new home and for the protection of his household.”

Board Member Rahm McDaniel requested why Salazar didn’t take away the pecan tree if it was in such unhealthy form.

“It’s a heritage tree to start with, and I don’t have the funds to try this,” Salazar defined. 

 Kelly Stilwell, an inspector with the town’s Improvement Providers Division, additionally spoke on Salazar’s behalf. 

“My employees and I clearly made a mistake on this,” Stilwell stated. He famous that the error was made by a brand new inspector throughout a “very tumultuous time” for the division, which was present process a reorganization and had simply misplaced a number of veteran inspectors. On the time, he stated, they’d a backlog of two to a few weeks on inspections.

“On this line of labor, I feel that I can determine characters which can be being malicious or misleading fairly simply, and I don’t suppose that was the case with Mr. Salazar in any respect,” Stilwell stated. He stated the one concern with constructing within the setback was hearth separation, which could possibly be mitigated.

McDaniel praised Salazar’s readability in his presentation. “I do know that folks discuss concerning the Board of Adjustment being closed off to common residents. For that purpose, I need to commend you for doing a superb job on this.”

The movement to approve the variance handed unanimously. 

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