Un-permitted ADU in SF-3 (Austin: apartment, home, neighborhood)

[ews92]

We recently purchased a home in an SF-3 zoned neighborhood. Unfortunately, the home has an un-permitted ADU in the back built by the original owner which we inherited when we purchased the home. It has a concrete foundation and is in relatively good shape; however, it is an eye sore to us and needs some serious remodeling. It makes no sense rationally, nor financially, to rip it down.

We have 2 issues in trying to get it permitted:
(1) It breaks the rear setback by ~1.5ft (rear setback is 10ft due to alley access); and the bigger issue,

(2) The lot doesn't meet the 5750ft minimum for an ADU - our lot is 5600 sq ft.

We intend to correct the exterior portion of the wall that breaks the setback (issue #1), in order to make it a legal ADU in every aspect other than issue #2. Essentially, we have this illegally built ADU which we want to bring up to code, AND we want to make it nicer, but due to city code we're not allowed to have it in the first place.

We don't intend by any means to increase the ADU's footprint - we don't want to extend the foundation, nor create a towering unit that detracts in any way from the neighborhood. We simply want to meet the city rules and create something that actually has value to us and the neighborhood.

Does anyone have experience in dealing with a situation like this? Or can anyone provide insight on how we would go about making this work?

I really appreciate all your potential help! Thanks!

Eric

[centralaustinite]

You need to talk to a City of Austin land use consultant or permitting specialist, what you will need is a variance. It is well worth the money to have someone walk you through it. Can be a lengthy process.

[pop251808]

Or, fix it up to be what you want and quit talking about it. CoA will wear you out.

[brattpowered]

Also see if your neighborhood has small-lot amnesty and allows "second apartment special use". If it does both you may be good, but the setback may still be a problem.

ftp://ftp.ci.austin.tx.us/npzd/Austi...fill_tools.pdf

[FalconheadWest]

Many things not allowed today were allowed way back when, so you might want to look to see if you're grandfathered in.