The BrykerWoods neighborhood continues to evolve. As Austin grows and the desire to live in the central city increases, our neighborhood becomes even more desirable. Associated with such attraction however comes the pressure of redevelopment. And while redevelopment can be a good thing, redevelopment can also harm aspects of a neighborhood that make it such a desirable place to begin with.
 
There are many reasons why the BrykerWoods neighborhood is attractive. Great schools, and access to parks and greenbelts for example. The BrykerWoods neighborhood is also a central city neighborhood and a member of the Old West Austin National Register Historic District, a distinguishing characteristic considered by many worth preserving. Many prospective home buyers are as interested in the charming tree-lined streetscape of BrykerWoods as they are the neighborhoods’ proximity to downtown and the University. Within the last several years however central Austin neighborhoods have seen the influx of massive homes AKA McMansions. Such houses are frequently intrusive to neighboring properties and disrupt the contextual neighborhood streetscape. It is for this reason that some/many BrykerWoods residents have become very concerned about the nature and type of some residential redevelopment projects.
 
Regardless, residential redevelopment will occur as any neighborhood evolves. Frequently good for the city’s tax base, redevelopment can be good for the neighborhood if the redevelopment is done in keeping with the scale and context of the neighborhood. The BrykerWoods neighborhood was developed in the 1930’s as a collection of single family homes, most of which were built as wooden cottages with 3 bedrooms or fewer. To this day BrykerWoods still has many homes that retain the scale of the period in which they were originally built. Interestingly, an option now exists for parts of a neighborhood to establish a City of Austin recognized “Local Historic District.” Such owner-initiated designation is a way for residents to engage and protect period neighborhood characteristics, a choice emphasizing preservation over that of more conventional forms of redevelopment. Within the next year, more information on Local Historic Districts will become available to interested neighborhoods seeking such city zoning designation.

While many homes within BrykerWoods have received improvements, there remain many small homes that have yet to experience remodeling efforts. It is these homes that are frequent targets of the “tear-down/McMansion” phenomenon. All homes within BrykerWoods are zoned as SF-3 and recently the zoning has been tightened to help prevent the construction of such massive/intrusive houses. The BrykerWoods Neighborhood Association (BWNA) respects the rights of property owners to redevelop their property as they see fit within city regulations. The BWNA also encourages the preservation of old homes and remodeling/redevelopment that respects the neighborhood streetscape. Fundamental to any good design are scale and context. Moreover, the BWNA adamantly supports the enforcement of SF-3 building regulations, which include explicit references to height, setback, and impervious cover restrictions.      
 
Zoning also plays an important role in protecting crucial, non-monetary values. Articulated quite well by Dr. Karkkain, “zoning in urban neighborhoods is not merely a system for protecting the market values of individual properties, but rather is a device to protect neighborhood residents' interests in their entirety, including consumer surplus in their homes, as well as their interests, the ‘neighborhood commons.’ The neighborhood commons also include other intangible qualities such as neighborhood ambiance, aesthetics, the physical environment (including air quality and noise), and relative degrees of anonymity or neighborliness. These features together make up the "character" of a neighborhood. They are what give the neighborhood its distinctive flavor. A purchaser of residential property in an urban neighborhood buys not only a particular parcel of real estate, but also a share in the neighborhood commons. Typically, differences in the neighborhood commons may be as crucial to a decision to purchase as differences in individual parcels.”

BEFORE - 2815 Glenview is a quintessential example of charming Old West Austin Historic District contributing home scraped for the construction of a new home built with absolutely no regard for neighborhood context.

AFTER - A new home built out of scale and context for the BrykerWoods neighborhood. To add insult to injury, the builder did not request a demolition permit - rather a "remodeling" permit was obtained for construction of this massive house.

The BrykerWoods neighborhood continues to experience the construction of new homes, the remodeling and sometimes removal of older ones. Many of these projects are massive and/or inappropriate for a neighborhood initially developed in the 1930's. Some homes frequently referred to as "McMansions" cover most of the lot and with other projects, gross insensitivities have been made to the original structures. Of particular concern are speculative developers purchasing homes, scraping the home and constructing a massive house or duplex. There are a number of problems that are associated with these trends and the BrykerWoods neighborhood is not alone dealing with the associated problems - see CCN Money article titled The monster house next door - 5 Tips: Preventing a "McMansion" next to your bungalow. And also see another CNN article Die, die, monster home! Die! Now there's a backlash against the 'mansionization' of America.
 
The removal and/or insensitive remodeling of neighborhood homes not only threaten the existing character of the neighborhood, but such action may even be in violation of city zoning and building codes. All residential property within the Brykerwoods neighborhood falls under SF-3 zoning. Not only is the construction of these massive structures eroding desirable neighborhoods characteristics (see above, but homes within the immediate vicinity are also impacted in several negative ways. Excessive impermeable cover (e.g. driveway, house & garage "footprint") contributes to increased stream flooding and more localized water run-off onto neighboring property. The loss of existing shade trees threatens an attribute for which the BrykerWoods neighborhood is well known. And to make things even worse, the massive and intrusive structures will increase property values of homes within the vicinity while making the houses less desirable to future buyers. In other words, the home’s value is reduced to the value of the home’s lot.
 
The BrykerWoods Neighborhood Association recognizes and appreciates the need of growing families to have more room. Obviously the original size of the bungalows built in the 1930's is insufficient for most families of today. And for families to remain in the neighborhood, additions to the home are frequently required. The additions to old homes however can be done in a fashion so that the home remains of appropriate scale and context for the neighborhood. Furthermore, it is the law that any addition to a home in BrykerWoods meet SF-3 residential zoning requirements.

The state of Texas is a property “rights” state and you can do what ever you want as long as the rules are followed (e.g. SF-3 residential zoning restrictions). Of course there is the problem, such as our neighborhood is currently experiencing, with developers exploiting SF-3 flexibility and frequently violating the law. However, a fundamental challenge is presented with home or property owner exercising responsibility, discretion, and sensitivity when remodeling or building a home within the BrykerWoods neighborhood.

For an excellent analysis of zoning see article “ZONING: A REPLY TO THE CRITICS“. Law professor Dr. Karkkain in this article states that “for mature neighborhoods in large urban centers, zoning can be a rational and justifiable public policy response to very real problems... a means of protecting the legitimate interests of current neighborhood residents.” Dr. Karkkain presents compelling argument that zoning plays vital role in protecting crucial, nonmonetizable values. Adding, “these (nonmonetizable values) include each homeowner's surplus in his or her home, as well as neighborhood residents' interest in preserving the unique set of common neighborhood resources—the neighborhood commons—upon which they rely. Far from being trivial, or mere ancillary values, ‘home’ and ‘neighborhood’ are central components of our identities. Precisely because these values are notoriously insusceptible to objective valuation, we afford them property rule protection in the form of zoning laws.”

SF-3 "Family Residence" Land Development Code

All homes within BrykerWoods are zoned as SF-3 "Family Residence". The City's Land Development Code (LDC) calls for no more than 45% impervious cover on residential lots zoned as SF-3. This number includes house "foot print", garage and driveway. In addition, by Ordinance, trees greater than 19" in diameter (measured 4.5 feet from the ground) are considered "protected". Removing trees in this category requires a permit from the Watershed Protection Department and requires replacement by a comparable diameter of smaller trees.

The location of fences and the heights of fences also must meeting SF-3 zoning requirements. Fences constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet and fences must be set back from the front street so that city easements are not traversed. Central Austin neighborhoods have experienced the recent phenomena of privacy fences being built to separate front yards and in some extreme cases, fences being constructed to enclose the entire front yard from the street and neighboring yards. While permissible (assuming city zoning has been followed), many believe the practice of front yard privacy fencing destroys neighborhood character and encourages isolation from the BrykerWoods community.

Other aspects of Land Development Code involve property lines, city easements, "setbacks", and building height . Right-of-way (ROW) refers to land dedicated or reserved for streets, utilities or other public facilities such as sidewalks. Most ROWs are the first 10 ft. in from a curb or street and are maintained by the homeowner. A ROW is not on your property, however, an easement is. Easements are where public utilities, such as power lines, can be run. In Austin, easements vary from 5 ft to 50 ft and you may not build in them unless you obtain permission from the easement owner. For example, for power lines that would be Austin Energy. Setbacks govern the placement of structures on a piece of property.The outside wall of a structure must be 25 ft from the front property line, 5 ft. from the side property lines, and 10 ft. from the rear property line for properties zoned as SF-3. Note that speculative developers have considerable incentives to "push the envelope" on property setbacks, building height and impervious cover.

A new and especially effective tactic developers are using to exploit the SF-3 zoning restrictions is a building arrangement called "super twos". This term applies to either massive duplexes or two buildings - one larger, usually with four bedrooms and four bathrooms, and one smaller, usually a garage apartment with two bedrooms and two bathrooms. Developers are using this method to maximize profit while staying within (barely) the limitations of SF-3 zoning. And all to the neighborhood's detriment because of the jarring note these structures strike anmoung the traditional BrykerWoods cottages.

Please note - the BrykerWoods Neighborhood Association strictly protects and preserves the neighborhood's quality of life and historical integrity. The BrykerWoods neighborhood is now part of the official Old West Austin Historical District. Realtors, developers and future homeowners are advised to review potential restrictions associated with demolition, construction, and modification of homes within the BrykerWoods neighborhood. Please see the Old West Austin Historic District website (http://www.OWAHD.org) for details.

Resources to prevent inappropriate re-development

• For a comprehensive description and listing of the City's Land Development Code see this website's hyperlinks webpage. If you are interested in zoning issues, consider joining our neighborhood zoning committee. For more information contact the BWNA Zoning Committee Chair Mr. Bill Woods (454-9180) osote@austin.rr.com
  
  
• Are The City’s Land Use and Zoning Requirements Not Being Enforced?   Are there new construction projects on  your street where the City is not enforcing its land use and zoning requirements relating to impervious cover, setback requirements, tree protection?  If so, please contact the City code enforcement directly at Zoning.Enforcement@ci.austin.tx.us or 974-6576.
  
  
• Strategies for Preventing Improper Demolition and Construction (actions we can take)
  
  
• Property buyers and developers within the BrykerWoods Neighborhood would do well to read a "top ten" list of tips for developers before launching into a planned venture. (special thanks to the Bouldin Creek Neighborhood Association)
  
  
• Letter sent to the Austin Board of Realtors (below)
  

  Dear Heritage Society of Austin and the Austin Board of Realtors, Thank you for sponsoring the upcoming “Marketing and Selling of Historic Properties” Realtors course.
   
  I do hope that the course will emphasize to the realtors that it is in all of our interests to preserve the characteristics which make Austin historic neighborhoods such desirable places to live. I am especially referring the Old West Austin Historic District (OWAHD).
   
  Beyond the close proximity to downtown, our neighborhoods are desirable because of the context and scale of homes built more than 50 years ago. Contemporary homes frequently built by speculative investors far too often forfeit scale and context for square footage and profit; witness the “McMansion” phenomena.
   
  The myopia associated with greedy developers and speculative investors is doing irreparable harm to Austin historic neighborhoods. As each home is scraped and an inappropriately massive house is constructed, the charm of these old neighborhoods erodes.
   
  Austin realtors have the opportunity to be our partner in helping preserve historic Austin neighborhoods. Yes, city of Austin “Landmark” homes are historic as defined by the city. However within National Register Historic Districts such as OWAHD, “contributing” homes are historic too. It is these old homes that help define nationally recognized historic neighborhoods which are frequent targets of “scraping.” These original homes ARE significant and warrant our efforts to save.
   
  Realtors truthfully disclosing status of homes within National Register Historic Districts and encouraging prospective home owners to remodel with sensitivity rather than scraping a contributing historic home will help tremendously. And should buyers be interested in purchasing an existing home in a historic neighborhood to scrape, realtors can encourage the purchase of a home that is not of contributing historic stock.
   
  Focusing on the long term well being of our historic neighborhoods rather than just making “the sale” will ultimately increase desirability (read selling price) of all homes in located within historic neighborhoods. And as allies, Austin realtors and preservationist can help preserve the assets that will continue to make Austin historic neighborhoods prime real estate.

  Sincerely,
  Edward Tasch
  Spring 2006