BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, September 12, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, September 12, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:34 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Nicholl Wade Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Barbara Mcarthur, Darryl Pruett, Richard Smith, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Agustina Rodriguez 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 August 8, 2022. On-Line Link: Draft minutes August 8, 2022 Board Member Melissa Hawthorne motions to approve the minutes for August 8, 2022, Board member Brooke Bailey seconds on a 7-0-4 votes (Board members Thomas Ates, Michael Von Ohlen, Nicholl Wade, Carrie Waller abstained); APPROVED MINUTES FOR August 8, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement by applicant for Item 9 to October10, 2022. Board member Michael Von Ohlen motions to approve the postponement request (by applicant) for Item 9 to October 10, 2022, Board member Brooke Bailey second on 11-0 vote, ITEM 9 POSTPONED TO OCTOBER 10, 2022 New Sign cases: 3. C16-2022-0005 Jaden Rodriguez for Leo Garcia 7712 Elroy Road On-Line Link: Item-3; AE REPORT; PRESENTATION 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 5 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez (out) ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____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): ITEM10/1 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 Hawthorne second …
ITEM10/50 From: *** External Email - Exercise Caution *** C15-2022-0002 June 13th 2022 Elaine Ramirez Please see attached. Thanks Glenn Page owner 705 Franklin blvd. 78759. 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. ITEM10/51 North Loop Neighborhood Association Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: North Loop Neighborhood Association and proposed development at 5413 Guadalupe To the Members of the Board of Adjustments this afternoon, the 9th of September 2022. My name is Brian Bedrosian and I am currently serving as the Vice President of the North Loop Neighborhood Association (NLNA), a post I have held since 2019. I am writing this letter on behalf of the NLNA to provide some insight into the neighborhood’s past positions on projects such as that being proposed by Webber Studio and their clients that might help to inform how the NA would vote once we are able to properly consider the project. Marek Hnizda reached out to me regarding this project and we met over Zoom to discuss the proposed variance to the setback along Guadalupe along with their proposed project and what it might look like. We were not able to bring this in front of the neighbors for a formal vote prior to your meeting on the evening of the 12th of this month – so my comments here are simply an idea of our values and how we have responded to similar proposals. In general, our neighbors have tended to vote in favor of projects that show a considered investment in quality housing within our neighborhood with a focus on affordability, family-oriented units where possible, sustainability and increased density. Our neighborhood plan has sought to support a more urban feel to our neighborhood that aspires to provide space for a more diverse and inclusive community of people in the rapidly heated market that Austin finds itself in. With this in mind, the project per the current proposal is within the parameters of something we might support. As you may recall we were recently in front of the Board in support of a much larger VMU project at 201 East Koenig Lane at the southeast corner of Koenig and Avenue F. That particular developer …
PROPERTY LINE SIDE SETBACK " 0 - ' 5 1 25'-0" 25'-0" BUILDABLE AREA A= 13,803 sq ft K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P E N I L Y T R E P O R P K C A B T E S T N O R F G N N O Z E S A B I K C A B T E S T N O R F Y T I L I B T A P M O C I 15'-0" PROPERTY LINE SIDE SETBACK 25'-0" K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P 2 5'- 0 " 1 5'- 0 " BUILDABLE AREA A= 10,354 sq ft COMPATIBILITY REAR SETBACK 2 5'- 0 " PROPERTY LINE K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P HARDSHIP: BUILDABLE AREA DEFICIENCY: ≈ 3,449 sqft. K C A B T E T S N O R E P O R P E K C A B RTY LIN T E T S N O R G F NIN O E Z S A B ATIBILITY F P M O C T E E R T S E P U L A D A U G 3 1 4 5 1 5 7 8 7 s a x e T , n i t s u A P L D G 1220 Lavaca Street Monday, October 3, 2022 SIDE SETBACK PROPERTY LINE " 0 - ' 5 1 SIDE SETBACK 25'-0" PROPERTY LINE " 0 - ' 5 1 PROPERTY AREA = 27,873 SF PROPERTY AREA = 27,873 SF TYPICAL MF-4 PROPERTY SCALE: 1/32" = 1'-0" 1 5413 GUADALUPE ST SCALE: 1/32" = 1'-0" 2 N A01 BOARD OF ADJUSTMENTS: COMPATIBILITY DIAGRAMS ITEM10/1-PRESENTATION 1 0'- 6 " LOT 22 SF-3 ZONING LOT 23 BLOCK 1 LOT 24 BLOCK 1 55TH STREET 9'-11" " 0 - ' 6 2 " 2 / 1 5 - ' …
ITEM11/1 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez (out) _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 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 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: ITEM11/2 (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 BOA GENERAL REVIEW COVERSHEET RENOTIFICATION ITEM11/3 CASE: C15-2022-0061 ADDRESS: 1401 E 3rd St OWNER: Cortlandt Chalfant BOA DATE: October 10th, 2022 COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP (East Cesar Chavez) LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: decrease the minimum street side yard setback from 15 feet to 10 feet. SUMMARY: complete construction of a Single-Family residence and Accessory Dwelling unit ISSUES: corner lot and substandard lot ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-H-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 Barrio Unido Neighborhood Assn. Bike Austin Capital Metro Del Valle Community Coalition East Austin Conservancy …
ITEM11/44 CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday May 11, 2020 CASE NUMBER: C15-2020-0020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___*____William Hodge (abstained) ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jennifer Hanlen OWNER: Durham Trading Partners XII, LLC ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: currently under construction, layout error BOARD’S DECISION: BOA meeting April 13, 2020 CANCELLED MEETING; MAY 11 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Darryl Pruett nay, William Hodge abstained); POSTPONED TO JUNE 8, 2020. FINDING: because: 1. The Zoning regulations applicable to the property do not allow for a reasonable use 2. (a) The hardship for which the variance is requested is unique to the property in that: ITEM11/45 (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: ______________________________ Elanie Ramirez Executive Liaison Diana Ramirez for ____________________________ Don Leighton-Burwell Chairman ITEM11/46 May 5, 2020 Jennifer Hanlen 1401 E 3rd St Austin TX, 78702 Re: C15-2020-0020 Dear Jennifer, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-492 interior side setback from 5 feet (required) to 2.77 feet (requested) setback requirements; to decrease the minimum In order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, …
REGULAR MEETING of the BOARD OF ADJUSTMENT October 10, 2022 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT 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 email elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to CURRENT BOARD MEMBERS: ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) AGENDA CALL TO ORDER 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. 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 PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. 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 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 …
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
ITEM11/88 ITEM11/89 ITEM11/90 ITEM11/91 ITEM11/92 ITEM11/93 ITEM11/94 ITEM11/95 ITEM11/96 ITEM11/97 From: To: Subject: Date: Ramirez, Elaine FW: 1401 East Third Monday, May 11, 2020 2:34:48 PM My original email to City staff questioning the construction at 1401 E 3rd. From: Sent: Wednesday, January 24, 2018 1:02 PM To: DSD Help Cc: Subject: 1401 East Third This message is from Jeff Thompson. [ bc-jeffrey.thompson@austintexas.gov ] I sit on the Planning Commission and one of the residents in my district asked me about a new house going up at 1401 E 3rd Street, 78702. It appears to have approved plans for less than the required set back, but there was never a BOA hearing or other variance. Can you please explain how they are allowed to build so close to another house and within the set back? Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. ITEM11/98 From: Subject: Date: Attachments: FW: 1401 E 3rd Street Monday, May 11, 2020 2:42:25 PM image002.png image003.png image004.png D5619B4E5E1648509A9623C8BE4D07E6.png 8FF5708083434FEA868AB1891DEEC906.png Several weeks later I’m still chasing the issue. You can see from the pictures that the development is still in early stages. The response is : inspector will notice. To be told now that the inspector didn’t raise the issue early enough is frustrating. From: Sent: Friday, March 2, 2018 4:13 PM To: Subject: Fwd: 1401 E 3rd Street Jeff Thompson Planning Commission D3 Begin forwarded message: From: "Johns, Renee" <Renee.Johns@austintexas.gov> Date: March 2, 2018 at …
ITEM11/114 ITEM11/115 ITEM11/116 12 12 32' maximum height per CoA RDCS SECTION 2 RDCS SECTION 2 ROOF T/Railing (CoA Highpoint) ROOF T/Deck L2 T/Plate 12 12 " 4 1 5 - ' 1 " 4 1 5 - ' 1 " 0 - ' 3 " 8 1 1 - ' 9 " 8 1 1 - ' 8 " 0 - ' 2 L2 T/Deck L1 T/Plate " 0 - ' 5 1 i e n L y t r e p o r P r a e R k c a b t e S e d S i ' 5 " 4 3 0 - ' 5 2 " 4 3 0 - ' 3 2 " 0 - ' 2 3 L1 FFE (101'-0") FFE (99'-9")@carports AAG (99'-6") k c a b t e S e d S i ' 5 1 " 0 - ' 5 1 i e n L y t r e p o r P r a e R " 0 - ' 5 1 i e n L y t r e p o r P r a e R k c a b t e S e d S i ' 5 1 " 0 - ' 5 1 i e n L y t r e p o r P r a e R k c a b t e S e d S i ' 5 99'-10" HP02 99'-10" HP02 KEYED NOTES. 01 New metal coping. Exposure 6". New metal flashing. Exposure 6" minimum. New metal railing at exterior porch or deck. Minimum height 36" above finish floor. Maximum opening 3.5". New parapet at exterior porch or deck. Minimum 36" above finish floor. New through-wall scupper. New metal downspout. Steel column (ref: structural). 02 03 04 05 06 07 CODE REFERENCES (City of Austin RDCS area only). LDC TITLE 25, CHAPTER 25-2, SUBCHAPTER F, ARTICLE 2.6, E, 4, b, (i): A structure may not extend beyond a setback plane...except for gables or a shed roof, with a total horizontal length of not more than 18 feet on each side of the building, measured along the intersection with the setback plane. ARCHITECT'S NOTE: NO PROVISIONS FOR "HABITABILITY OF SPACE" ARE MADE IN THE LANGUAGE CITED ABOVE. IE: ANY ENCLOSED SPACE UNDER THE SHED ROOF MAY PROTRUDE, INCLUDING SPACE USED FOR VERTICAL CIRCULATION. LDC TITLE 25, CHAPTER 25-2, SUBCHAPTER …
ITEM11/148 ITEM11/149 ITEM11/150 ITEM11/151 ITEM11/152 ITEM11/153 ITEM11/154 ITEM11/155 ITEM11/156 ITEM11/157 ITEM11/158 ITEM11/159 June 24, 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 Dr Austin, Texas 78752 Re. Request for Sideyard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702, District 2 On behalf of the owner of the above referenced Property, please accept the enclosed request for a variance to reduce a side-yard setback from 5 feet to 2.77 feet to preserve the existing single family home and accessory apartment. This site was reviewed by the Board in 2020, but although the existing hardship existed at the time the case was considered, the applicant failed to present proper evidence to explain what the hardship was and the reasons it was not in any way caused by the property owner. The property now has a new owner, and we, on behalf of that new owner, wish to ask for the Board’s review. Sincerely, Nikelle S. Meade NSM/sm Enclosure ITEM11/160 Location Map / 1 6 1 1 1 M E T I ITEM11/162 ITEM11/163
Variance Request 1401 E 3rd St C15-2022-0061 The Board of Adjustment October 10, 2022 Item 11 Alecia Mosadomi (Husch Blackwell LLP) ITEM11/1-PRESENTATION Overview Seeking to replace the existing structure with a single-family residence and accessory dwelling unit. ITEM11/2-PRESENTATION Requested Variance To reduce the minimum street side yard setback from 15’ to 10’. ITEM11/3-PRESENTATION ITEM11/4-PRESENTATION ITEM11/5-PRESENTATION ITEM11/6-PRESENTATION ITEM11/7-PRESENTATION The Zoning Regulations Do Not Allow for a Reasonable Use because: They only permit a structure approximately 15’ wide and 32% buildable area. ITEM11/8-PRESENTATION The Hardship is Unique to the Property because: It results from the property being a substandard lot that is only 35’ wide located on a corner lot subject to a 15’ street side yard setback. ITEM11/9-PRESENTATION The Hardship is not General to the Area because: Other lots in the area have the ability to achieve the 40% building coverage allowable by the zoning regulations. ITEM11/10-PRESENTATION Approval Would Not Alter Area Character because: It is not uncommon for structures to be placed in setbacks in this neighborhood. The additional width allows a design that is architecturally appealing and blends in with the area character. ITEM11/11-PRESENTATION ITEM11/12-PRESENTATION Most structures setback between 5’-10’ ITEM11/13-PRESENTATION
BOA Monthly Report July 2022-June 2023 September 12, 2022 4 1 2 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback Postponed 1. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 2. Section 25-2-5 15 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 3. 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 to three (3) stories, b) (C) (2) (a) from height limitations to increase the height limit from three (3) stories to four (4) stories and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback Denied 1. 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback and b) (C) (1) (a) from height limitations to increase the height limit from two (2) stories to three (3) stories Withdrawn 0 Discussion Items Sept 2022. Interpretations 0 new inquiries The deposition of the case items: 10 Granted 14 Postponed 1 Denied 1 Withdrawn 11 Discussion Items Board members absent: Vacant position (Added SEPT 12# 2022) Agustina Rodriguez 4 August 8, 2022 4 2 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback 2. 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height Postponed 1. 25-10-123 (Expressway Corridor Sign District Regulations): a)(B) (2) (b) (i) to exceed sign area and b)(B) (3) (a) to exceed sign height 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 4. 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback and b) (C) (1) (a) from height limitations to increase the height limit Denied Withdrawn 0 Discussion Items Aug 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Thomas Ates, Michael Von Ohlen, Nicholl Wade (Added AUG8# 2022) 8 10 0 1 7 0 3 July 13, 2022 …
M E M O R A N D U M TO: Mayor and Council DATE: January 14, 2022 FROM: Denise Lucas, Director, Development Services Department SUBJECT: Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council July 27, 2022 Denise Lucas, Director, Development Services Department Board of Adjustment Applicant Assistance Program - Staff Response to Resolution No. 20211014-045 On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. Staff have explored the creation of BAAP as well as a funding source. The staff focus for Board of Adjustment variance requests was narrowed to Residential Homestead Variances under a Zoning Variance or a Special Exception Variance. These are the two types of variance requests which cover the Council’s intended area of support. Based on previous variance request applications, staff anticipates 9 variance requests could be 100% financially supported each year at an approximate cost of $10,000 per year. The funding source for BAAP Fund for the financial support would come from the General Fund and would be budgeted each year. In addition, staff has identified an existing contract, managed by Austin Public Health, which will allow applicants access to pro-bono legal services. Collectively, the BAAP Fund will support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. Staff recommends creation of the BAAP Fund, which includes a recommended start date of October 1, 2022. Staff will await further direction from the City Council. If the Council adopts an action to create the BAAP Fund, staff will create the BAAP Fund program guidelines and will track program participants and outcomes for one year and report that information back to Council. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. xc: Spencer Cronk, City Manager Anne Morgan, Acting City Manager J. Rodney Gonzales, Assistant City Manager
§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. ARTICLE 3. - PROCEDURES FOR APPEALS Division 1. - Reserved.[2] Footnotes: --- (2) --- §§ 2-5-41—2-5-45. - RESERVED. Division 2. - Appeals. § 2-5-61 - GENERAL PROVISIONS FOR APPEALS. Editor's note— Ord. No. 20170518-014 >, Pt. 4, effective May 29, 2017, repealed §§ 2-5-41—2-5-45, …
BOA MEETING DATES FOR 2023 (2ND Monday of the month) JANUARY 9, 2023 JULY 10, 2023 FEBRAURY 13, 2023 AUGUST 14, 2023 MARCH 13, 2023 SEPTEMBER 11, 2023 APRIL 10, 2023 MAY 8, 2023 JUNE 12, 2023 OCTOBER 9, 2023 NOVEMBER 13, 2023 DECEMBER 11, 2023
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-3 DATE: August 8, 2022 CASE NUMBER: C16-2022-0004 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____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. ITEM3/1 (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. FINDING: because: OR, OR, AND, 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: 2. The granting of this variance will not have a substantially adverse impact …
