ITEM7/1-PRESENTATION ITEM7/2-PRESENTATION ITEM7/3-PRESENTATION ITEM7/4-PRESENTATION LAKE AUSTIN SLOUGH LOOKING UPSTREAM FROM SLOUGH TO THE CREEK. DOCK LOCATION CIRCLED APPROXIMATE DOCK LOCATION. SLOUGH ENDS AT ABOUT THE UPSTREAM CORNER OF THE HOUSE ACROSS THE LAKE CREEKBED CREEKBED ITEM7/5-PRESENTATION ITEM7/6-PRESENTATION
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0071 BOA DATE: October 10th, 2022 ADDRESS: 2311 Lafayette Ave OWNER: Daniel Mitchell COUNCIL DISTRICT: 9 AGENT: Micah King (Husch Blackwell LLP) ZONING: SF-3-NP (Upper Boggy Creek) LEGAL DESCRIPTION: LOT 8 BLK 1 OLT 27-28&31 DIV C NOWLIN HEIGHTS VARIANCE REQUEST: a) increase the total square footage of a Secondary Dwelling unit from the lesser of 1,100 sq. ft. or 0.15 FAR to 1,452 sq. ft. and b) increase the second floor square footage from 550 sq. ft. to 756 sq. ft. SUMMARY: erect Secondary Dwelling Unit ISSUES: narrow width of lot, 24 inch Heritage tree and critical root zones ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Cherrywood Neighborhood Assn. Concordia Neighborhood Association Del Valle Community Coalition Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Upper Boggy Creek Neighborhood Planning Team ITEM8/1 September 28, 2022 Micah King 111 Congress Ave, Ste. 1400 Austin, TX 78701 Re: C15-2022-0071 Dear Micah, Property Description: LOT 8 BLK 1 OLT 27-28&31 DIV C NOWLIN HEIGHTS Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variance requests from LDC Sections 25-2-774(C)(5)(a) and 25-2-774(C)(5)(b) at 2311 Lafayette Ave. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM8/2 Micah J. King 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 August 31, 2022 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Drive Austin, Texas 78752 RE:(cid:3) Variance Request for Property Located at 2311 Lafayette Avenue …
Variance Request 2311 Lafayette Avenue C15-2022-0071 The Board of Adjustment October 10, 2022 Micah King Husch Blackwell LLP ITEM8/1-PRESENTATION Purpose To facilitate the replacement of an existing, non-complying secondary unit with a safe, modern new unit (including elimination of the existing unit’s setback encroachments) and the preservation of the front house, which was constructed in 1948, which contributes to the neighborhood’s character. 2 ITEM8/2-PRESENTATION Map of Property Location 3 ITEM8/3-PRESENTATION Map of Area Zoning 4 ITEM8/4-PRESENTATION The Front House (To be Preserved) 5 ITEM8/5-PRESENTATION The Rear House (To be Replaced) 6 ITEM8/6-PRESENTATION Requested Variances From LDC § 25-2-774(C)(5)(a), to increase the maximum size of a secondary unit from the lesser of 1,100 sq. ft. or 0.15 FAR (required) to 1,452 sq. ft. (requested); and From LDC § 25-2-774(C)(5)(b), to increase the maximum size on the second story of a secondary unit from 550 sq. ft. (required) to 756 sq. ft. (requested). 7 ITEM8/7-PRESENTATION 8 ITEM8/8-PRESENTATION Photo of Tree with Front House on Left 9 ITEM8/9-PRESENTATION Photo of Rear Unit on Left 10 ITEM8/10-PRESENTATION Photo of Multi-Family Building to the Rear 11 ITEM8/11-PRESENTATION The Regulations Do Not Allow for a Reasonable Use The regulations unreasonably constrain the ability of the owner to have adequate housing to meet their long-term needs without demolishing and replacing the existing 948-square-feet front house, which was constructed in 1948, or altering it in such a way as to negatively impact the area character, and the rear unit is a noncomplying structure that violates side and rear yard setback requirements and forcing the owner to be stuck with the rear unit is unreasonable given its state and noncomplying status and keeping it as-is would not address the need for more housing space. 12 ITEM8/12-PRESENTATION The Hardship is Unique to the Property The hardship is unique to the property because it has two small, old structures that are both noncomplying, a 3-story multifamily building is immediately to the rear of the property, and options for where to provide safe, adequate, new housing that will help the owner remain in place are constrained by the narrow width of the lot, the locations of the existing structures, the required front, side, and rear setbacks, the driveway, a 24-inch Heritage Tree, and Critical Root Zones. 13 ITEM8/13-PRESENTATION The Hardship is Not General to the Area The hardship is not general to the area because many nearby front houses …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-8 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0060 __Y_____Thomas Ates __Y_____Brooke Bailey __Y_____Jessica Cohen __Y_____Melissa Hawthorne __N_____Barbara Mcarthur __N_____Darryl Pruett __-_____Agustina Rodriguez (out) __N_____Richard Smith __Y_____Michael Von Ohlen __Y_____Nicholl Wade __Y_____Kelly Blume (Alternate) __Y_____Carrie Waller (Alternate) __-_____Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum a) allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. (C) (1) (a) from height limitations to increase the height limit from two (2) stories Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and ITEM9/1 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 2022 BY APPLICANT; Sept 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with condition that it’s tied to site plan Item 8/3 as shown in the advance packet; Board member Melissa Hawthorne second on 8-3 vote (Board members Barbara Mcarthur, Darryl Pruett, Richard Smith nay); Motion fails; DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the compatibility regulations were intended to buffer single family uses from commercial …
ITEM9/74 From: To: Subject: Date: Attachments: Absolute Stornlok Ramirez, Elaine Re: Question about Case Number C15-2022-0060 Thursday, July 07, 2022 4:05:03 PM image001.png *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 7 feet from the eastern property line, and 13 feet from the southern one. I fell that the requested distances are too close to the property border for building, especially the one requesting only 7 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, On Thursday, July 7, 2022 at 03:25:22 PM CDT, Ramirez, Elaine <elaine.ramirez@austintexas.gov> wrote: Kevin Chrane (512) 694-2046 Yes! Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 ITEM9/75 From: To: Subject: Date: Ruth Lauer Ramirez, Elaine Written comments C15-2022-0060 for Board of Adjustment meeting Friday, July 08, 2022 3:26:53 PM *** External Email - Exercise Caution *** Ms. Ramirez, Does the Board of Adjustment accept emailed objections? If so, here’s mine. Thanks. Case Number C15-2022-0060. 1609 Matthews Lane, 78745 BoA July 11, 2022 Name. Ruth Lauer Addresses affected. 7309 Forest Wood Rd, 1504A and B Matthews Lane, 78745 Signature Ruth Lauer Date 7/8/22 Daytime telephone 512-228-8523 Comments: I object to the variance requested for 1609 Matthews Lane (C15-20200-00060). Remember as a kid asking for something from your parents but trying to ask them separately? I think CMBH2 is doing that. They didn’t get what they wanted from the ZAP so now they are asking the Board of Adjustment. This property was purchased in March 2021 by CMCBH2 Company LLC. Their initial zoning change request (C14-2021-0056) was opposed by the Matthews Lane Neighborhood Association (MLNA). With the assistance of Ann Kitchen’s office the MF-3 (and 14 homes) request was reduced …
ZONING SUBJECT SITE 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/1-PRESENTATION 2-story Duplex 2-story Duplex Church Property – Community Garden Land Use Map 1-story Duplex SUBJECT SITE 2-story Duplex Commercial Warehouse & Office Single Family Industrial Warehouse & Outdoor Storage Commercial – Radio Tower Single Family 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/2-PRESENTATION Single Family 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/3-PRESENTATION Basis for Variance Request Reasonable Use of the property is impeded 1. Compatibility Regulations – Inappropriately applied 2. Hardships: • 4 Heritage Trees • Critical Water Quality Zone • Public Utility Easements Impact: significant amount of buildable area lost 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/4-PRESENTATION Compatibility Buffer 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/5-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/6-PRESENTATION Reasonable Use – • 16.5 UPA • Avg. Unit Size: 929sf • Max Height – 2flrs/26ft. • 18 UPA • Avg. Unit Size: 2,370sf • Max Height – 3flrs/40’ • 18 UPA • Avg. Unit Size: 2,111sf • Max Height – 3flrs/34’1” 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/7-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/8-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/9-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/10-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/11-PRESENTATION 6ft of topographic change 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/12-PRESENTATION Similar Cases 1. C15-2019-0056 – 1400 W Oltorf 2. C15-2019-0014 – 411, 601 E Powell Lane 3. C15-2019-0061 – 735 Springdale Rd 4. C15-2020-0009 – 3219 Manor Rd 5. C15-2020-0013 – 2700 E 5th St 6. C15-2020-0053 – 900 Old Koenig Ln & 5916 N Lamar Blvd 7. C15-2021-0096 – 5700 Grover Ave & 5617 Roosevelt Rd 8. C15-2021-0101 – 201 & 403 E Koenig Lane 1609 Matthews Lane …
From: To: Cc: Subject: Date: Bryce Allison Ramirez, Elaine c C15-2022-0061 / 1401 E 3rd St Tuesday, October 04, 2022 8:29:48 AM *** External Email - Exercise Caution *** Dear Board of Adjustment, I have been in conversations with Cortland Chalfant regarding the property at 1401 E 3rd St and the newly requested setback on the Navasota side from 15' to 10'. He has shared his plans to remove the existing structure and rebuild a new house and ADU that is more fitting with the neighborhood. I understand that these new plans would respect the existing setback adjacent lot (east side) but will require a variance on the setback of Navasota side of the street. Since these new plans lead to a structure that is more fitting with the nature and character of the neighborhood, I am supportive of the request for variance on the Navasota side to reduce the setback from 15' to 10' in order to accommodate this. Thanks, David Allison CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. ITEM11/1-LATE BACKUP From: To: Subject: Date: Kelly Sibilsky Ramirez, Elaine C15-2022-0061 - Public Hearing Scheduled for October 10, 2022 Friday, October 07, 2022 10:36:07 AM *** External Email - Exercise Caution *** Good morning, My husband and I live just down the street from 1401 E. 3rd Street and have been following this case closely. The existing white structure has been a graffiti covered eyesore that brings the entire neighborhood down for far too long. It has been our opinion all along that the structure should be torn down - not only because it is an eyesore but because it is a fire hazard for the neighboring property and does not fit into the character of the neighborhood. I've reviewed the latest variance request to reduce the street (Navasota) side set back from 15' to 10' and the images of the proposed structure which is the subject of the October 10, 2022 meeting. It is my opinion that removing and replacing the existing white structure with what is being proposed would fit into the neighborhood much better. Therefore, I am in favor of the BOA granting this variance to reduce the street (Navasota) side set back from …
E . 3 R D S T . 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ K C A B T E S " 9 . 6 ' 3 2 E G A R E V A B S K C A B T E S ' 5 2 I G N N O Z R E P 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ S69°40'49"E 35.88 N 2 0 ° 5 3 4 7 " E ' 1 3 9 . 0 3 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ E N I L Y T I L I T U D A E H R E V O K C A B T E S " 9 . 6 ' 3 2 E G A R E V A B S ' 4 1 . 9 3 1 ' W " 8 4 1 0 ° 1 2 S : 6 3 3 - 3 3 3 K C A B T E S ' 5 2 I G N N O Z R E P D o c . 2 0 1 2 1 7 7 8 6 4 T C D R D a v d B i r y c e A l l i s o n b y W D 1 0 / 1 7 / 2 0 1 2 N A V A S O T A S T . POLE Y U G W/D O.H. UTIL. CL SHELVES PANTRY L N69°30'11"W 35.55' A L L E Y 336-471: N21°01'48"E, 0.74 336-423: S21°01'48"W, 1.64 1 PLOT PLAN Scale: 1/16" = 1'-0" 2 MAIN UNIT, 1ST FLOOR Scale: 1/8" = 1'-0" 3 MAIN UNIT, 2ND FLOOR Scale: 1/8" = 1'-0" 4 REAR UNIT, 1ST FLOOR Scale: 1/8" = 1'-0" N69°30'11"W 35.55' A L L E Y EAST 3RD RESIDENCE SCHEMATIC PLANS DRAWING TITLE DRAWING TITLE SEPT 2022 ITEM11/1-LATE BACKUP-ADV PACKET INFO ITEM11/2-LATE BACKUP-ADV PACKET INFO
From: To: Subject: Date: Christi Hay Ramirez, Elaine C16-2022-0004 Thursday, October 06, 2022 9:59:50 PM *** External Email - Exercise Caution *** I would like to notify you of my continued opposition to the Billboard at 4507 N IH 35 4507 N IH 35 size (200 square feet) and height (50 feet) from the current limits of 107 square feet and 35 feet high. My main concerns are the sheer amount of light and the size of the board. Good Evening- Thank you Christi Hay 1304 Bentwood Rd Austin, TX 78722 512.417.9448 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. ITEM3/1-LATE BACKUP From: To: Subject: Date: Claire Bush Ramirez, Elaine Code Variance Request C16-2022-0004 Friday, October 07, 2022 10:19:12 AM *** External Email - Exercise Caution *** Dear Ms. Ramirez, I hope you are well today! I am writing as a resident of the Delwood 2 neighborhood to oppose the Code Variance Request for the sign at 4507 N IH 35. I see no reason to exceed the current limits of 107 square feet and 35 feet high. I am worried about the light pollution at night so close to a residential area and have concerns about digital messaging/advertising. I hope this message is delivered in time for the Board of Adjustment to consider. Thanks so much for your time, Claire Bush 1214 Norwood Rd, Austin, TX 78722 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. ITEM3/2-LATE BACKUP Karen Brinkman Ramirez, Elaine From: To: Cc: Subject: Date: Attachments: Opposition to Code Variance Request -- C16-2022-0004 Sunday, October 09, 2022 6:54:40 PM Variance Request.pages *** External Email - Exercise Caution *** Dear Ms. Ramirez: I’ve changed the previous document into a PDF format. Hopefully, you can open it now. We’re out of state in a town with very limited WiFi access so I hope this document reaches you. Thank you again for your help. Karen Brinkman Delwood 2 Neighborhood Association Member CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use …
ITEM5/1-LATE BACKUP October 5, 2022 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services RE: Variance Ref. No. C15-2022-0066 - Letter of Support of Variance for 1110-1130 W 6th Street and 605-607 Blanco Street (“Property”) Dear Board Members: I am the owner of the property located at 608 Baylor Street, Austin, TX 78703, and I am in support of the proposed mixed-use project to be located on the above-referenced Property including the related variance request to increase the maximum height currently limited by compatibility standards triggered by my property. I am hopeful the Board supports the requested variance and appreciate the opportunity to provide our input. Sincerely, Tyson Tuttle ITEM5/2-LATE BACKUP September 29, 2022 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services RE: Variance Ref. No. C15-2022-0066 - Letter of Support of Variance for 1110-1130 W 6th Street and 605-607 Blanco Street (“Property”) Dear Board Members: I am the owner of the property located at 608 Blanco Street, Austin, TX 78703, and I am in support of the proposed mixed-use project to be located on the above-referenced Property including the related variance request to increase the maximum height currently limited by compatibility standards. I am hopeful the Board supports the requested variance and appreciate the opportunity to provide our input. Sincerely, Harry J Kuper Jr. SVEA Magnolia III LLC ITEM5/3-LATE BACKUP
ITEM6/1-LATE BACKUP ITEM6/2-LATE BACKUP This is concerning a variance: C15-2022-0067 / 2614 Canterbury St to maintain two sheds. I am aware that Jose Minguell and Laura McQuary have applied for a variance to keep their (35 square foot) utility and (75 square foot) bike sheds that are adjacent to my property line. The two sheds replaced an old pre-fabricated metal shed and open storage area that were both in very poor condition and housed rodents. The new sheds are constructed much better. Since Jose and Laura do not have a garage, the sheds function as general storage that is easily accessed from the driveway. I’m fine with Jose and Laura keeping them there as sheds. ______________________________ Signed by: _Shanna Igo____________________ Neighbors at:____81 Llano St. _______________ ITEM6/3-LATE BACKUP
From: To: Subject: Date: Janis Smith Ramirez, Elaine neighbor support emails for 4625 Rockcliff Road C15-2022-0070 Sunday, October 09, 2022 3:23:59 PM *** External Email - Exercise Caution *** Hi there Elaine — I’ve got 3 of these that I’m forwarding to you, or would you like me to do something other than that? Like copy and paste them into one document? Please advise. Thanks much, Janis J. Smith, P.E. Janis Smith Consulting, LLC 512-914-3729 Begin forwarded message: > From: David Richard < Subject: Fwd: 4625 Rock Cliff Rd Boat Dock Date: September 25, 2022 at 4:10:59 PM CDT To: Janis Smith > Begin forwarded message: From: Ken Kalinoski < Subject: Re: Fwd: 4625 Rock Cliff Rd Boat Dock Date: September 25, 2022 at 2:58:22 PM CDT To: David Richard < > > David We have no problem with your choice of location for your planned new dock and boat lifts. Good luck with the building process. Maybe we can get together to learn what worked best for a successful permitting application. Jean and Ken Kalinoski 4646 Rockcliff Road Austin Texas 78746 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to ITEM7/1-LATE BACKUP From: To: Subject: Date: Janis Smith Ramirez, Elaine Case Number: SP-2022-0246D -- neighbor support letters Sunday, October 09, 2022 3:26:31 PM *** External Email - Exercise Caution *** Thanks much, Janis J. Smith, P.E. Janis Smith Consulting, LLC TBPE Firm No. 16978 512-914-3729 Begin forwarded message: From: Jim L Upshaw Subject: Case Number: SP-2022-0246D Date: September 23, 2022 at 8:59:11 PM CDT To: " Cathleen Campbell and Chima Onyia, This email is written in support of David & Ethel Richard's request for a permit to construct a dock and bulkhead at 4625 Rockcliff Rd. My name is Jim Upshaw (and my wife Caren Upshaw) are neighbors of the Richards. Our property (1715 Channel Rd) sits across the pond from the proposed new dock, and we share a common property line with the Richard's property. After reviewing the proposed dock and bulkhead plans, we encourage the approval of the variance necessary to proceed with obtaining the permit to allow construction. Sincerely, Jim Upshaw 512 706-5553 1715 Channel Rd Austin, TX 78746 CAUTION: This email was received at the …
From: To: Cc: Subject: Date: Attachments: Victoria Ramirez, Elaine Ramirez, Diana; Re: Applicants on the 10/10/2022 (Mon.) Board of Adjustment hearing Sunday, October 09, 2022 3:23:47 PM image001.png *** External Email - Exercise Caution *** Elaine, We request postponement of C15-2022-0060, 1609 Matthews Lane case to the November BOA hearing due to scheduling conflicts on our end. At least one of us will still be present or on the line in the event questions arise. Please confirm receipt of this email. Thank you, Victoria Haase 512-998-5900 Cell 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78745 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Wednesday, October 5, 2022 1:12:46 PM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: Applicants on the 10/10/2022 (Mon.) Board of Adjustment hearing Greetings Board applicants on the Monday 10/10 agenda – Please read this entire e-mail BOA meeting are being held Hybrid – both virtually and in-person. Please take a look at attached agenda and reply to just me (not to all) and advise if you’ll need a postponement or to withdraw from Monday’s hearing, you will have to inform me before 3p.m. Note: Please know that just because you are requesting a PostPonement does not guarantee the Board will ITEM9/1-LATE BACKUP-PPMT REQ grant the request, they still may decide to hear the case. Someone will need to show up to the hearing in case the Board denies the PostPonement request and wants to hear it at the scheduled October 10th, 2022 BOA meeting. Also, take a look at all the back up for your case at the Board’s website (including AE’s reports). Here’s a link to the BCIC website: https://www.austintexas.gov/cityclerk/boards_commissions/meetings/15_1.htm I can still take in correspondence (neighbor and neighborhood Opposition and Support letters) for the Board’s late back up packet that they receive on the dais up until 9 a.m. the day of the hearing, just email it to me. Please read this entire e-mail APPLICANTS TO GIVE CASE PRESENTATION IN-PERSON • Make sure to sign in the registration book on the counter as soon as you walk into Council Chambers • There will only be one applicant (virtual or in-person) who has to be registered that will be able to speak and give presentation on case. • Applicant will have a total of 5 minutes to present their case. • There could be additional speaker(s) –architect, surveyor, homeowner, etc. that can sign up as well but will only be …
From: To: Subject: Date: Absolute Stornlok Ramirez, Elaine Case Number C15-2022-0060 Thursday, October 06, 2022 12:20:43 PM *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 10 feet from the eastern property line, and 14 feet from the southern one. I feel that the requested distances are too close to the property border for building, especially the one requesting only 10 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, Kevin Chrane (512) 694-2046 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. ITEM9/1-LATE BACKUP From: To: Subject: Date: Nate Ramirez, Elaine case # C15-2022-0060 Monday, October 10, 2022 9:01:49 AM *** External Email - Exercise Caution *** Hello, I object to the motion I'm contacting the Board of adjustment board. Scheduled for October 10th,2022. case number C15-2022-0060. Thanks, Nate Stilwell CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. ITEM9/2-LATE BACKUP
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 10 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0002 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Rao Vasamsetti OWNER: 5413 Guadalupe LLC ADDRESS: 5413 GUADALUPE STREET VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet (required) to 4 feet (requested), in order to erect a three story condominium in a “MF-4-CO-NP”, Multi-Family-Conditional Overlay-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 APPLICANT NO SHOW - The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on a 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO SEPTEMBER 12, 2022. RENOTICE -VARIACE REQUESTED The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 30 feet (requested) for a building located 50-ft or less from property in an SF-5 or more restrictive zoning district b) (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 40 feet (requested) and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback from 25 feet (minimum required) to 15 feet (requested) on a tract that adjoins property in an SF-5 or more restrictive zoning district and fronts on the same street in order to erect a Multi-Family building in a “MF-4-CO”, Multi-Family Residence Moderate-High Density-Conditional Overlay zoning district. BOARD’S DECISION: BOA September 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to October 10, 2022; Board member Melissa …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 11 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates OUT _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade OUT _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: POSTPONED TO NOVEMBER 14, 2022 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-3 DATE: October 10, 2022 CASE NUMBER: C16-2022-0004 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Apple Tree Holdings LLC-Tony Nguyen ADDRESS: 4507 IH 35 SVRD NB VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square a) feet (requested) and (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in b) order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office- Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a)on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot width more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (B) This subsection prescribes regulations for freestanding signs. (3)The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. BOARD’S DECISION: BOA MEETING JUNE 13, 2022 POSTPONED TO JULY 11, 2022 (AE DENIAL); JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY BOARD (AE DENIAL); Aug 8, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Brooke Bailey motions to postpone to October 10, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO OCTOBER 10, 2022. Oct 10, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to December 12, 2022; Board member Brooke Bailey second on 9-0 vote; POSTPONED TO DECEMBER 12, 2022. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: October 10, 2022 CASE NUMBER: C16-2022-0005 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jaden Rodriguez OWNER: Leo Garcia ADDRESS: 7712 ELROY RD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height of 30 feet above frontage street pavement grade (maximum allowed) to 40 feet (requested) above frontage street pavement grade in order to provide signage for The Circuit of the Americas in a “PUD”, Planned Unit Development zoning district. Note: The Land Development Code sign regulations 25-10-130 Commercial Sign District Regulations. (A) This section applies to a commercial sign district. (B) One Freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (G) The sign height may not exceed the greater of: (1) 30 feet above frontage street pavement grade; or (2) 6 feet above grade at the base of the sign. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to postpone to October 10, 2022; Board member Michael Von Ohlen second on 11-0 vote; POSTPONED TO OCTOBER 10, 2022. Oct 10, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 2022. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 5 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0066 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Richard Suttle OWNER: Clarks Village, LP ADDRESS: 1116, 1110, 1112, 1114, 1118-1124 W. 6th Street, 1128-1130 W. 6th Street, 605- 607 Blanco Street (C) (1) (a) from height limitations to increase the height limit from two (2) stories VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) 1. For triggering property at 608 Baylor St a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 15 feet (requested) b) and 30 feet for a structure 50 feet or less from property zoned SF-5 or more restrictive (maximum allowed) to 60 feet and no limitation on the number of stories (requested) c) and 40 feet for a structure more than 50 feet but less than 100 feet from property zoned SF- 5 or more restrictive (maximum allowed) to 60 feet and no limitation on the number of stories (requested) d) distance in excess of 100 feet from the property zoned SF-5 or more restrictive (maximum allowed) to 60 feet (requested) (C) (2) (a) from height limitations to increase the height limit from three (3) stories (C) (3) (a) to increase allowed height from 40 feet plus one foot for each 10 feet of For triggering property at 611 Blanco St (C) (2) (a) from height limitations to increase the height limit from three (3) stories 2. a) and 40 feet for a structure located more than 50 feet but not more than 100 feet from property zoned SF-5 or more restrictive (maximum allowed) to 45 feet and no limitation on the number of stories (requested) b) (C) (3) to increase the height for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet (maximum allowed) to 50 feet plus one foot for each 10 feet of distance in excess of 100 feet, and to …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0067 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___N____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___N____Carrie Waller (Alternate) ___N____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Jose Minguell ADDRESS: 2614 CANTERBURY ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet (required) to 6 inches (requested), in order to maintain two (2) small sheds - a utility shed and bike shed in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Substitute motion by Board member Darryl Pruett to Deny; Board member Brooke Bailey second on 5-4 vote (Board members Jessica Cohen, Michael Von Ohlen, Carrie Waller and Marcel Gutierrez-Garza nay); DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 7 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0070 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Janis J. Smith PE OWNER: David Richard ADDRESS: 4625 ROCKCLIFF RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) from: (A) (2) to extend the dock length no more than 20% percent (maximum allowed) to 35% percent (requested) of the channel width in order to erect a boat dock in an “LA” Lake Austin Residence zoning district. NOTE: 25-2-1176 - SITE DEVELOPMENT REGULATIONS FOR DOCKS, MARINAS, AND OTHER LAKE FRONT USES A dock or similar structure must comply with the requirements of this subsection. (A) (2)No portion of a dock shall extend more than 20% of a channel width as measured by a line that is perpendicular to the centerline of the channel and that extends from the shoreline where the dock is located to the opposite shoreline. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve; Board member Melissa Hawthorne second on 9-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: The site shoreline borders a cove that’s extremely shallow, there’s one access path within the cove that’s deep enough to be navigable, and the rest of the cove is less than 2’ deep. 2. (a) The hardship for which the variance is requested is unique to the property in that: the water is extremely shallow in this location, and the dock has to extend to the lone navigable access path in order to be used. (b) The hardship is not general to the area in which the property is located because: the vast majority of dock sites on Lake Austin have sufficiently deep water to be permitted following code limitations. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Both shorelines …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 8 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0071 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Micah King OWNER: Daniel Mitchell ADDRESS: 2311 LAFAYETTE AVE VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) for a Two-Family Residential a) (C) (5) (a) to increase the total square footage of a Secondary Dwelling unit from the lesser of 1,100 square feet or 0.15 FAR (maximum allowed) to 1,452 square feet; and b) (C) (5) (b) to increase the second floor square footage of 550 square feet (maximum allowed) to 756 square feet (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: Per LDC 25-2-774 - TWO-FAMILY RESIDENTIAL USE. (A) For a two-family residential use, the base zoning district regulations are superseded by the requirements of this section. (B) For a two-family residential use the minimum lot area is equivalent to a standard lot. (C) The second dwelling unit: (1) must be contained in a structure other than the principal structure; (2) must be located: (a) at least 10 feet to the rear or side of the principal structure; or (b) above a detached garage; (3) may be connected to the principal structure by a covered walkway; (4) may not exceed a height of 30 feet, and is limited to two stories; (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 2022. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0060 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Darryl Pruett ____-___Agustina Rodriguez OUT ____-___Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line (C) (1) (a) from height limitations to increase the height limit from two (2) stories b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 2022 BY APPLICANT; Sept 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with condition that it’s tied to site plan Item 8/3 as shown in the advance packet; Board member Melissa Hawthorne second on 8-3 vote (Board members Barbara Mcarthur, Darryl Pruett, Richard Smith nay); Motion fails; DENIED. RECONSIDERATION REQUEST: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and …
October 10, 2022 Nikelle Meade 111 Congress Ave, Ste 1400 Austin TX, 78701 Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Re: C15-2022-0061 Dear Nikelle, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 at 1401 E 3rd St. Austin Energy cannot approve this variance request until plans have been reviewed and approved by AE’s Transmission Engineering Department. Please send georeferenced CAD drawings for this project to Cody.Shook@austinenergy.com, along with any site plans or surveys you have showing the overhead electric transmission lines located along Navasota St. Any development on this site must meet Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
Steering Committee Members: Adrienne Goldsberry, Chair Kate Ertle, Kevin Kimbrough, Claudette Kazzoun, Rob Kish, James Logan, Andi March, Maureen Metteauer, Oam Parkash, Shawn Shillington, Margaret Sullivan, Jim Todd, Brandon Wright October 10, 2022 RE: BOA Case No. C15-2022-0066 Dear Ms. Cohen and BOA Members: This letter is to express the Old West Austin’s Neighborhood Association’s (OWANA) support for the variances requested as a part of Case No. C15-2022-0066 for the October 10, 2022 Board of Adjustment meeting. The Clarks Village, LLP group has worked closely with neighboring residents of the subject properties and OWANA’s zoning committee during the initial design process for the proposed hotel, residential, and retail project. They have responded positively to neighborhood feedback, adjusting the project design and scope to minimize impacts to neighbors. They also incorporated feedback from the City of Austin’s Historic Landmark Commission into the design. They presented this project, including the proposed variances, at the June 7 OWANA General Membership meeting, and the membership voted to support the proposed uses and design. The attached restrictive covenant codifies the neighborhood’s requests to ensure this project is compatible with and respectful to the residential properties adjacent to it. As such, the Clarks Village group has OWANA’s support for the proposed variances. Thank you, and please contact me if you have any questions. Sincerely, Adrienne Goldsberry Chair, OWANA Steering Committee Not for recordation
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, October 10, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 10, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:39 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Thomas Ates, Agustina Rodriguez, Richard Smith, Nicholl Wade PUBLIC COMMUNICATION: GENERAL None PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on September 12, 2022. On-Line Link: Draft minutes September 12, 2022 Board Member Brooke Bailey motions to approve the minutes for September 12, 2022, Board member Melissa Hawthorne seconds on a 8-0-1 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR SEPTEMBER 12, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement for Items 9 and 11 to November 14, 2022. Madam Chair Jessica Cohen motions to approve the postponement requests for Items 9 and 11 to November 14, 2022, Board member Michael Von Ohlen second on 9-0 vote, ITEMS 9 AND 11 POSTPONED TO NOVEMBER 14, 2022 Previous postponement Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is …
REGULAR MEETING of the AUSTIN TRAVIS COUNTY FOOD POLICY BOARD OCTOBER 10, 2022, 5 – 8 PM PERMITTING AND DEVELOPMENT CENTER, ROOM 1406 6310 WILHELMINA DELCO DRIVE AUSTIN, TEXAS Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, call or email Amanda Rohlich, 512-974-1364, Amanda.Rohlich@AustinTexas.gov. CURRENT BOARD MEMBERS/COMMISSIONERS: Sharon Mays, Chair Joi Chevalier, Vice-Chair Andrea Abel Lisa Barden Frances Deviney Kacey Hanson Cecilia Hogan Adrian Lipscombe Karen Magid Rosamaria Murillo Errol Schweizer AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL Speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES 1. Approve the minutes of the Austin-Travis County Food Policy Board Regular Meeting on August 8, 2022. DISCUSSION AND ACTION ITEMS Discussion and possible action on approval of annual schedule Discussion and possible action on Board Strategic Planning 1. 2. FUTURE AGENDA ITEMS ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Amanda Rohlich at Office of Sustainability, at 512-974-1364, for additional information; TTY users route through Relay Texas at 711. For more information on the Austin Travis County Food Policy Board, please contact Amanda Rohlich at 512-974-1364 or Amanda.Rohlich@AustinTexas.gov.
REGULAR MEETING of the ANIMAL ADVISORY COMMISSION OCTOBER 10, 2022, 6 P.M. AUSTIN CITY HALL, Room 1101 301 W. Second St. AUSTIN, TEXAS 78701 Some members of the Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, call or email Belinda Hare, by Sunday noon, October 9, at phone 512-978-0565, or email Belinda.hare@austintexas.gov. Please know emails work best. CURRENT COMMISSIONERS Craig Nazor, Chair Nancy Nemer Palmer Neuhaus Jo Anne Norton Luis Herrera Kristen Hassen, Parliamentarian Dr. Amanda Bruce CALL TO ORDER PUBLIC COMMUNICATION: GENERAL AGENDA Ryan Clinton, Vice Chair Lisa Mitchell Katie Jarl Lotta Smagula Beatriz Dulzaides Dr. Paige Nilson The first 10 speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Speakers for specific agenda items may sign up prior to the meeting or in person at the meeting. APPROVAL OF MINUTES 1. Approve the minutes of the Animal Advisory Commission Regular Meeting on September 12, 2022. STAFF BRIEFINGS 2. Presentation by Don Bland and/or Jason Garza regarding Austin Animal Center and Animal Services Reports 3. Presentation by Don Bland regarding AAC Staffing and Services 4. Update on Animal Services Audit, by Keith Salas, Assistant City Auditor DISCUSSION ITEMS 5. Presentation by Parliamentarian regarding Roberts Rules of Order 6. Presentation by Austin Pets Alive! regarding Monthly Report DISCUSSION AND ACTION ITEMS 7. Discussion and Possible Action Concerning the Congress Avenue Bridge Bat Colony, presentation by Dr. Merlin Tuttle, Bat Conservancy 8. Discussion and Possible Action on Adopting Bird-Safe Building Ordinances, presentation by Dr. Chris Sheppard, the Director of the Glass Collisions Program at the American Bird Conservancy 9. Discussion and Possible Action on AAC Monthly Reporting of Data 10. Discussion and Possible Action on Transferring Austin Animal Center Animals to Other 11. Discussion and Possible Action on Inclusion of Animal Services in the City of Austin Communities next Five-Year Strategic Plan 12. Discussion and Possible Action on City’s Use of Cooling Centers 13. Discussion and Possible …
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Real Birds! We’re focused on overcoming the biggest problems facing birds today. Birds Have Intrinsic and Cultural Value We’re focused on overcoming the biggest problems facing birds today. Birds Contribute Hundreds of Billions in Eco-services Habitat Restoration Pest Control Bird Watching: 40+ Billion Dollar Economic Engine Collisions are not rare We’re focused on overcoming the biggest problems facing birds today. Annual Mortality: North America We’re focused on overcoming the biggest problems facing birds today. Mortality estimate Date of reference Collisions with Buildings/glass 2014 1 billion Cats 2013 2—4 billion Most Collisions are on Homes and Low-rise Buildings, not Highrises We’re focused on overcoming the biggest problems facing birds today. The Bird Activity Zone Mostly Songbirds: migrating at night, colliding by day – WHY? We’re focused on overcoming the biggest problems facing birds today. Look Where You’re Going? What Causes Collisions? Glass or No Glass? We’re focused on overcoming the biggest problems facing birds today. Birds Take What They See Literally Birds Can’t Learn the Concept ‘Glass’ Open Sky vs Cluttered Environment How to Stop Collisions: Get Birds to Swerve By Using Bird-friendly Glass 2 or 3 D signals Proper Spacing -- 2” Visible from 10’ What’s Bird-friendly Glass? Evaluation Method #1: Tunnel Test – ‘active’ signals – Threat Factors Action! Fritted Glass, Surface Coverage 6%, TF= 17 Intuit HQ, Mountain View CA Google’s New Home at Block 185 is Downtown Austin’s Next Signature Tower James Rambin March 26, 2019 Comment Image: Pelli Clarke Pelli Architects / STG Design / Trammell Crow Company Block 185 is an all-star tower. This 35-floor office building by national developer Trammell Crow Company, UV Glass TF= 23 Vassar Bridge Science Building, Poughkeepsie Evaluation Method #2: Compliance with Prescriptive Standard ▪ Simple example: surface 1 etch, maximum gloss level =18 ▪ More complex: Flow Chart Insect Screen (not flush with glass) TF=1 Evaluation Method # 3:Spandrel Glass: visual scale Evaluation Method #4: Computer Models How to Design a Bird-friendly Building Strategies: Incorporate from the beginning ➢ Reduce exposure of glass ➢ Incorporate signals in/on glass ➢ Minimize use of glass Bird-friendly Design overlaps with: solar shading, glare control, distinctive design aesthetic, security, thermal control, energy efficiency and more Legislation, Ordinances and Guidelines We’re focused on overcoming the biggest problems facing birds today. IN PROGRESS Bird-safe Buildings Act, Federal State of California, CalGreen Berkeley Washington, DC DOEE Green Code State of Maryland Canada, standard code for provinces …
American Bird Conservancy Model Bird-Friendly Building Guidelines December 2020 These model, or ideal, guidelines are intended to be a starting point for cities, towns, villages, counties, states, and any other entity interested in regulating or guiding building construction to reduce bird collisions with glass. They describe a truly bird-friendly building. Summarized simply, these guidelines are based on a 100/100/100 framework: 100% of all glass and other building materials should be bird friendly in the first 100 feet of 100% of buildings. The guidelines also specifically include all hazardous features that can trap birds or push them in the direction of dangerous features. Any group that adopts this ordinance as written will be at the leading edge of creating a bird- friendly built environment. However, many groups considering such guidelines will be interested in softening the language to exempt certain types of buildings or to reduce the amount of bird-friendly glass required. In anticipation of this, American Bird Conservancy (ABC) has created a discussion of the issues to be considered when revising the model guidelines. (See ABC’s Legislation, Ordinances, and Guidelines) These guidelines will be most commonly adopted as an ordinance to modify municipal building codes. As a result, the guidelines below are written in the form of a model ordinance. However, the text can be easily adapted to fit other building guidance formats. ABC will revise these guidelines as new science, materials, techniques, and technologies become available, so please make sure that you have the most current version before you begin the process of creating your own guidelines. (See ABC’s Legislation, Ordinances, and Guidelines) PROPOSAL NUMBER: SPONSOR(S): PROPOSAL NAME: Bird-Friendly Building Design Requirements PURPOSE: This building ordinance has been created to address the role of the (MUNICIPALITY)’s built environment in the annual loss of up to 1 billion birds due to glass collisions in the United States. WHEREAS, birds provide valuable and important ecological services, WHEREAS, (MUNICIPALITY) has recorded (XXX) species of resident and migratory bird species, WHEREAS, birding is a hobby enjoyed by 46 million Americans with an annual $107 billion total industry output in the United States, WHEREAS, as many as 1 billion birds may be killed by collisions with windows every year in the United States, WHEREAS, new buildings can be designed to reduce bird deaths from collisions without significant additional cost, WHEREAS there exist strategies to mitigate collisions on existing buildings, WHEREAS witnessing a collision is …
Backup Materials: Animal Advisory Commission Meeting Agenda Item #8, October 10, 2022 Bird-safe Building Guidelines Proposed Animal Advisory Commission Recommendation: The Animal Advisory Commission recommends that the Austin City Council adopts the American Bird Conservancy’s Model-Friendly Building Guidelines for the City of Austin. We further recommend that the Austin City Council writes a letter to the US Congress to recommend support for the Federal Bird Safe Buildings Act of 2021. Current Legislation: New York City: http://nyc.legistar1.com/nyc/attachments/7da57cbb-679b-45c9-bc5a-058e49c42c24.pdf Madison, Wisconsin: https://madison.legistar.com/ViewReport.http://nyc.legistar1.com/nyc/attachments/7da57cbb- 679b-45c9-bc5a- 058e49c42c24.pdf?M=R&N=Text&GID=205&ID=4026260&GUID=B7D2A103-B19F-4F20- 96F2-14A2E27FD393&Title=Legislation+Text Chicago, Illinois: https://chicago.councilmatic.org/legislation/o2020-136/ Pending Federal Legislation for public buildings: https://www.congress.gov/bill/117th-congress/house-bill/1986/text?r=3&s=1
Agenda Item 11: ASO and City of Austin Strategic Development Plan Animal Advisory Commission October 10, 2022 Letter to Austin CM and CFO concerning SD28 Dear City Manager Spencer Cronk and Chief Financial Officer Ed Van Eenoo: We recommend that the City of Austin include information about the Austin Animal Center and our many programs for Austin citizens in the upcoming Strategic Development 28 Plan (SD28). The Animal Advisory Commission, as well as Austin Animal Center leadership and staff, were disappointed when no mention was made of Austin’s Animal Center and our many valuable programs for helping Austin’s animals in the last Strategic Development Plan. There is a tremendous amount of hard work done every day of the year for the animals of Austin by Shelter Staff, supported by the hard work of many Austin citizens who volunteer their time and donate their money to help make the lives of Austin’s companion animals better. This extends out to our many Austin Partner Organizations, all of which contribute to our goal of the best No-Kill Shelter in the world. It is an unfortunate omission that such hard work on such an important City function is lacking from a Strategic Plan for our City. Animals are family to many Austin residents - let us be more inclusive in the upcoming Austin Strategic Plan! Thank you for your attention to this matter. Sincerely, Dr. Craig Nazor Chair, Animal Advisory Commission
September 2022 September 2022 Animal Services Report AUSTIN ANIMAL SERVICES REPORT • Austin Animal Center restricted intake to emergencies effective September 13. • Austin Animal Center reopened for adoption and reclaim on Sundays beginning September 25. • The live outcome rate for September was 97.68 percent. • A total of 747 animals were brought to the shelter which included 398 dogs, 309 cats, 25 wild animals, four guinea pigs, three rabbits, three domestic birds, one snake, and one tortoise. • A total of 698 animals were adopted (356 dogs, 323 cats, and 19 small pets). • A total of 93 dogs, cats, and tortoise were returned to their owners (RTOs and RTO-Adopt). • Animal Protection Officers (APOs) returned 49 animals to their owners in the field. • Officers handed out 26 fencing assistance applications and implanted zero microchips. • Officers impounded 172 injured animals and delivered 158 wildlife animals to Austin Wildlife Rescue. • Officers entered 212 rabies exposure reports and submitted 29 specimens for rabies testing. Four bats tested Animal Services News Animal Protection positive for rabies. • 31 total coyote related activities o 12 sightings o 5 incidents o 3 wild speaks o 3 wild sicks o 3 wild injured o 3 observations o 2 encounters • Out of 31 coyote related activities, 19 fell within the reported behavior types (sighting, encounter, and incident) • Encounters: Pets were a factor in 100% of activities: o 1 encounter involved a coyote entering a fenced backyard to chase two outside cats Incidents: Pets were factor in 100% of these encounters. • September 2022 Animal Services Report o 1 incident involved a coyote family of 4 entering a backyard. One growled at a resident o 1 incident involved a coyote taking an off-leash dog with owner nearby o 1 incident involved a coyote chasing an off leash outside cat with owner next to the cat o 1 incident involved a coyote taking an outside cat. Unknown if it was owned. • Out of 31 related activities, 9 fell within the reported behavior types (wild sick, wild speak, and wild injured) Volunteer, Foster, and Rescue Programs • A total of 316 volunteers donated 4,519 hours of volunteer service. • The Volunteer Coordinators held five orientations for new volunteers, introducing 126 people to the shelter programs. 109 new volunteers attended their first training or mentor shifts in September. • 68 individuals donated 136 …
We recommend that the dysfunctional string of lights on the western side of the Congress Agenda Item 7 Backup: Congress Avenue Bat Colony Animal Advisory Commission October 10, 2022 The Animal Advisory Commission makes the following recommendations concerning the Mexican Free-tail bat colony under the Congress Ave. bridge: We recommend that the City of Austin posts a QR code prominently on the east side of 1. both ends of the Congress Ave. bridge, scannable by a smart phone, that links to a City website where detailed information about Austin’s bat colony can be provided. This website should contain information about bat viewing opportunities, safety around bats, and what to do about injured bats. We further recommend that for detailed biological and historical information about these Austin bats, including seasonal cycles that affect viewing opportunities, bat behavior, and the ecological significance of this colony, the City site should be linked to a site specifically designed and frequently updated for this detailed information by Merlin Tuttle’s Bat Conservation (MTBC). 2. Ave. bridge be removed. This structure is a hazard to bats, particularly young bats, as they start their nightly flights for food. 3. placement of any publicly accessible bat-viewing areas being considered. We recommend that as soon as The Statesman PUD plans become finalized and the 4. positioning of any proposed bat-viewing areas or decks has been determined, the City judiciously trims some of the trees along Lady Bird Lake for better public bat-viewing. Trees do not need to be removed, but some of the lower branches could be trimmed for better sight lines, depending on the location of the bat-viewing areas. 5. bridge. These joints are above land. (The spaces have been cemented closed above the Hike and Bike trail.) Vegetation beneath the bats’ south-end roosting spaces should not be permitted to grow more than one meter tall. (Bats will abandon this area if vegetation is permitted to grow taller.) A more sophisticated planting could also be designed for this area, as tall vegetation beneath the bridge that interferes with the bats demands more maintenance. We believe this is a project best handled by a collaboration between the Watershed Protection Department and the Austin Trail Conservancy. 6. and into Lady Bird Lake. Currently, there is erosion damage to the Trail itself from this stormwater flow. There is a need for some kind of rainwater detention structure to be built on the …