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Board of AdjustmentDec. 12, 2022

ITEM08 C15-2022-0061 ADV PACKET DEC 12 PART2 original pdf

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ITEM8/34 CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0061 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____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. 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: ITEM8/35 (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 ITEM8/36 August 26, 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 Second Postponement: Case No. C15-2022-0061; Request for Side Yard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702 On behalf of the owner of the above referenced Property, we respectfully request an additional postponement of the case to October 10th to allow additional time to continue our discussions with the neighboring property owner and the East Cesar Chavez Neighborhood Plan Contact Team. We have begun discussions with them regarding a workable resolution of this matter and need some additional time to complete those discussions and …

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Board of AdjustmentDec. 12, 2022

ITEM08 C15-2022-0061 ADV PACKET DEC 12 PART3 original pdf

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ITEM8/76 ITEM8/77 ITEM8/78 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: Does not meet the accessibility and visitability requirements defined in section R320.7; Fails to ensure emergency fire egress via the Restricts fi ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. accessible ground-floor exits; As you consider this variance request, please keep these measurements in mind: 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street official side-lot setbacks call - -built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43 properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street . Note that the existing sidewalk straddles over the lot line by approximately 10 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA compliant width of . Consider also the explanation in th letter: [Durham Partners used] an incorrect version of development guidelines do not allow for this type of error. Per t The Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. more than reasonable to expect a professional developer to do so. development process successfully. It is While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley ITEM8/79 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …

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Board of AdjustmentDec. 12, 2022

ITEM08 C15-2022-0061 ADV PACKET DEC 12 PART4 original pdf

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ITEM8/99 ITEM8/100 ITEM8/101 ITEM8/102 ITEM8/103 ITEM8/104 ITEM8/105 ITEM8/106 ITEM8/107 ITEM8/108 ITEM8/109 ITEM8/110 ITEM8/111 ITEM8/112 ITEM8/113 ITEM8/114

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LGBTQ Quality of Life Advisory CommissionDec. 12, 2022

Agenda original pdf

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Commented [GR1]: @Parra, Alyssa, changed the date here. Will you also update the filename? Commented [GR2R1]: PS - THIS IS SO COOL WHY HAVEN'T WE BEEN BUILDING AGENDAS THIS WAY BEFORE? REGULAR MEETING of the LGBTQ QUALITY OF LIFE ADVISORY COMMISSION MONDAY, December 12, 2022 7:00 P.M. City of Austin Permitting and Development Center, Room 1401 6310 Wilhelmina Delco Dr., Austin, Texas 78752 Some members of the Commission may be participating by videoconference. 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, contact Alyssa Parra, the Commission’s staff liaison, at 512-974-2934 or Alyssa.Parra@AustinTexas.gov. CURRENT COMMISSIONERS: Commissioner Ryn Gonzales, Chair Kannou Curette, Vice Chair Christian Vieira Dr. Victor Martinez Darcy Rendon Emily Bush VACANT VACANT District 1 District 2 District 3 District 4 Marti Bier District 5 District 6 District 7 Appointment Stakeholder District 8 District 9 District 10 Mayor Stakeholder Stakeholder Appointment Commissioner Stakeholder Melissa Taylor Katie Jones Nan Dowling Brandon Wollerson Charles Curry VACANT AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first ten speakers signed up before the meeting is called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. MOTION TO SUSPEND ROBERT’S RULES OF ORDER APPROVAL OF MINUTES 1. Approve the minutes of the Commission’s Regular Meeting on November 14, 2022. DISCUSSION AND ACTION ITEMS 2. 3. 4. 5. 6. Discussion and possible action of yearly retreat organizing. Discussion and possible action of reappointing and recruiting new at-large members. Discussion and possible action of working group for new commission members. Discussion and possible action of the JIC budget work session. Discussion and possible action of meeting with Jason Alexander regarding the LGBTQ Community Liaison position in the City Manager's Office. Discussion and possible action of the Joint Inclusion Committee's Q&A document regarding working groups from the City Clerk's Office. Discussion and possible action from the Housing Working Groups. Discussion and possible action of community events and announcements. Discussion and possible action on the first Quality of Life Town Hall on Thursday, December 15, from 12-1:30 PM at the Montopolis Recreation Center. 8. 9. 10. 7. FUTURE …

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Austin Integrated Water Resource Planning Community Task ForceDec. 12, 2022

2 Backup - Water Supply Update original pdf

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Water Supply Update 12,10612,30610,0445,9506,7684,3997024,86223,3263,45420,864025,00050,00075,000100,000125,000150,000175,000200,000225,000JanFebMarAprMayJunJulAugSepOctNovDecAcre-FeetHighland Lakes InflowsAverage 1942 - PresentAverage 2008 - 201520212022 (Jan.-Nov.) As of 12/8/2022 combined storage was at 1,066,869 acre-feet (53% full). 0200,000400,000600,000800,0001,000,0001,200,0001,400,0001,600,0001,800,0002,000,0002,200,000200520062007200820092010201120122013201420152016201720182019202020212022202320242025Storage, acre-feetCombined Storage of Lakes Buchanan and TravisJanuary 1, 2005 through December 1, 20220.6M ac-ft2.0M ac-ft Full StorageInterruptible stored water for non-Garwood agricultural operationswas not provided by LCRA in 2012 through 2015 and for second season in 2022. NOAA 3-Month Outlook LCRA Forecast Source Questions

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Austin Integrated Water Resource Planning Community Task ForceDec. 12, 2022

3 Backup - Equity Overview original pdf

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Water Forward 2024 Equity Grounding December 12, 2022 Reflection What are the values of the Water Forward Task Force? What are the realities you see? The History of the Equity Office 2015 Headlines Capture Drive for Community Organizing Austin is the best place to live in the nation according to U.S. News and World Report & One of the most economically segregated cities in the U.S. according to the Martin Prosperity Institute And Led To… • 2015: City Council resolution creating Equity Office to administer Equity Assessment • 2016: Chief Equity Officer Brion Oaks hired in October after national search • Equity Assessment tool co-created with community members, 900+ hours of volunteer time City Equity Definition Racial equity is the condition when race no longer predicts a person’s quality of life outcomes in our community. The City recognizes race is the primary determinant of social equity, therefore we begin the journey toward social equity with this definition. The City of Austin recognizes that alleviation of historical and structural disparities are won by critically transforming institutions and creating a culture of equity. A Framework for Equity Equity Lens Thinking & Talking about Power Power is 1. possession of control, authority, or influence over others. 2. the ability to act or produce an effect - “It's in your power to change things”. 3. the right to do something. 4. physical might​ SYSTEMIC POWER is the legitimate/legal ability to access and control those institutions sanctioned by the state. Our Disparities, Our Gaps Map of Poverty Racial Wealth Gap American Community Survey data (2019) created by City staff Planning Data Who Pollutes, Who is Impacted? 2019 Academy of the Sciences study found while white Americans are majority polluters, Black & Latinx people are impacted by... • increased risk of cardiovascular disease respiratory illness • • diabetes • birth defects What do you know about Austin's racial history? Indigenous Peoples in Texas Indigenous Peoples in Texas Indigenous Peoples in Texas Indigenous Peoples in Austin 1928 Plan “There has been considerable talk in Austin, as well as other cities, in regard to the race segregation problem. This problem cannot be solved legally under any zoning law known to us at present. Practically all attempts of such have been unconstitutional.” pg. 66 Housing Act of 1937 1930s: City of Austin built Rosewood Courts through eminent domain, destroying Emancipation Park, to the dismay of East Austin residents. Urban …

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Austin Integrated Water Resource Planning Community Task ForceDec. 12, 2022

4 Backup - WF24 Population and Employment Projections original pdf

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Water Forward 2024 Population and Employment Projections Agenda How Population and Employment Projections are Used in Water Forward 2024 Process to Develop 2020 Population and Employment Estimates Process to Develop 100-year Projections Next Steps How Population and Employment Projections are Used in Water Forward 2024 AW Population & Employment Estimates are used in: State reporting Performance measures Estimating future demands Participation in regional water planning Utility plans Water Forward Disaggregated Demand Model Water supply planning Infrastructure planning Conservation plan/ TCEQ Utility report SER’s and pipe sizing Plant expansions Aligning with budget planning Pop/Emp Projections in WF24  100-year strategic planning • Greater accuracy may be possible to attain for the first 10-20 • Greater uncertainty in terms of geographic resolution and distribution for later years  Projections in this Water Forward update will include use years of ranges Overview of planning scenarios • Water availability planning scenarios allow us to plan for a range of possible future conditions. • The scenarios do not represent the probability of any particular outcome. • Historical population and employment show a huge range of growth rates; use the data to establish an envelope of plausible demands. • 5-year updates allow us to adapt to changing conditions. Total water availability planning scenarios: 639 Range of future water availability sequences to test water management strategies (WMSs) 71 Hydrologic Scenarios 3 AW Demand Scenarios 1 Period of Record (POR) sequence 10 Droughts worse than the drought of record (DWDRs) stochastically sampled from POR hydrology 15 Global climate model (GCM) flow output sequences 15 POR sequences adjusted for climate effects 30 DWDRs stochastically sampled from climate-adjusted POR Higher AW demand Baseline AW demand Lower AW demand 3 Regional Supply Scenarios Repeat of baseline regional supplies in second half of century Baseline Region K regional supplies Slower implementation of baseline Region K regional supplies Pop/Emp Projections Used to Calculate Water Use Factors Among Demand Sectors  Served Population Distribution  Employment Distribution US HighwaysStreet Name symbols (Shields)Impact Fee BoundaryCountiesLakes2015 Employment01 - 3,2693,270 - 6,7576,758 - 13,72013,721 - 25,91825,919 - 49,299DTI POLYGONSUS HighwaysStreet Name symbols (Shields)Impact Fee BoundaryCountiesLakes2015 Served Population01 - 3,1613,162 - 4,8804,881 - 6,7756,776 - 10,88310,884 - 17,467DTI POLYGONS Multifamily Single Family Single Family Multifamily Multifamily Translation to Units & Employment Sectors Units Population Employees Industrial Office Hospitals Schools Hospitality Retail Restaurant Subsectors Water Use Factor Development Commercial Multi-Family Residential Single Family Residential N Water Use Factor (WUF) …

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Arts CommissionDec. 12, 2022

Additional item added to the agenda original pdf

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REGULAR MEETING of the ARTS COMMISSION December 12, 2022 at 6:00 PM Permitting and Development Center, Room 1407 6310 Wilhelmina Delco, Austin, Texas 78752 Some members of the ARTS 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 Jesús Pantel at jesus.pantel@austintexas.gov or at 512-974-9315. CURRENT COMMISSIONERS: Celina Zisman - Chair, Heidi Schmalbach - Vice Chair, Brett Barnes, Lulu Flores, Felipe Garza, Acia Gray, Monica Maldonado, Michelle Polgar, Amy Mok AGENDA ADDENDUM DISCUSSION AND ACTION ITEMS Approve Dixie Friend Gay for the Longhorn Dam Bridge Art in Public Places project 25.

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Board of AdjustmentDec. 12, 2022

ITEM08 C15-2022-0061 ADV PACKET DEC 12 PART5 original pdf

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ITEM8/115 ITEM8/116 ITEM8/117 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. ITEM8/118 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 3:00:04 PM CST To: "Thompson, Jeffrey - …

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Board of AdjustmentDec. 12, 2022

ITEM08 C15-2022-0061 ADV PACKET DEC 12 PART6 original pdf

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ITEM8/155 ITEM8/156 ITEM8/157 ITEM8/158 ITEM8/159 ITEM8/160 BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0061 BOA DATE: July 11th, 2022 ADDRESS: 1401 E. 3rd St OWNER: Cortlandt Chalfant COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: reduce interior side setback from 5 ft. to 2.77 ft. SUMMARY: complete construction of a Single-Family residence ISSUES: layout error during construction 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 East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town ITEM8/161 I July 1, 2022 Nikelle Meade 111 Congress Ave Suite 1400 Austin, TX 78701 Re: C15-2022-0061 Dear Nikelle, 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 request from LDC Section 25-2-492 at 1401 East 3rd Street. 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 ITEM8/162 ITEM8/163 ITEM8/164 ITEM8/165 ITEM8/166 ITEM8/167 ITEM8/168 ITEM8/169 ITEM8/170 ITEM8/171 ITEM8/172 ITEM8/173 ITEM8/174 ITEM8/175 ITEM8/176 ITEM8/177 ITEM8/178 ITEM8/179 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 …

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Board of AdjustmentDec. 12, 2022

ITEM08 C15-2022-0061 PRESENTATION 12-12-22 original pdf

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Variance Reconsideration Request 1401 E 3rd St C15-2022-0061 The Board of Adjustment December 12, 2022 Item __ Cort Chalfant (Nexus Series B, LLC, Owner) ITEM08/1--PRESENTATION Overview Seeking a reconsideration of the specific language in the motion that led to the 9-0 unanimous approval of our side yard variance request at the BOA meeting of 11/14/22. ITEM08/2--PRESENTATION You may recall… This is what we propose to demolish/replace. ITEM08/3--PRESENTATION …this is what we propose to replace it with. • Unit A: 2/2.5 • Unit B: Total: 1/1 1,650 sf 650 sf 2,300 / 4,967 sf site 2 cars parking on-site 1 car parking on-site 46.3% FAR ITEM08/4--PRESENTATION The Motion Motion by Board member Von Ohlen was to approve, which carried unanimously. However: • He asked if we would stipulate to build as presented (subject to minor alterations). I agreed. No problem. • He asked if we would stick to the 40% FAR “as provided by the Code”. I said “this is a question best answered by the architect”. The architect was an approved speaker and responded on the phone but couldn’t be heard. • Since attendees heard nothing and we didn’t know to clarify the Code, we all moved on and the motion carried. ITEM08/5--PRESENTATION The Code Subchapter F, Article 2.1 reads “MAXIMUM DEVELOPMENT PERMITTED: The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area…”. In the vast majority of cases, a developer has a lot with sufficient area such that the 40% FAR value governs. I believe Board Member Von Olen defaulted to this value in his motion rather than consciously supersede what the Code otherwise permits. In small lot cases, the 2,300 sq. ft. cap supersedes the 40% FAR value. In our case, the lot is only 4,967 sq. ft. in size. 40% of this value = 1,987 sq. ft. but under the Code we are permitted by right to build 2,300 sq. ft. ITEM08/6--PRESENTATION The Problem (Hardship Unique to the Property)  The first stipulation in the approved motion requires that we build as presented (2,300 sq. ft.)  The second stipulation [inadvertently?] imposes a 40% FAR cap (1,987 sq. ft.) We can’t meet both stipulations at the same time. One or the other has to give. ITEM08/7--PRESENTATION Proposed:  Make a new motion identical to the …

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Board of AdjustmentDec. 12, 2022

ITEM10 BOA BAAP UPDATE1 original pdf

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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

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Board of AdjustmentDec. 12, 2022

ITEM10 BOA BAAP_UPDATE2 original pdf

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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

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Board of AdjustmentDec. 12, 2022

ITEM11 BOA & APPEALS original pdf

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§ 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, …

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Animal Advisory CommissionDec. 12, 2022

Item 3 - Staff Reports original pdf

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Backup

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Animal Advisory CommissionDec. 12, 2022

Item 4 - License Agreement Report original pdf

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Monthly Report on License Agreements 2022 - 11 November This report is in agreement with the terms outlined in Section 8.4 of the License Agreement between the City of Austin and Austin Pets Alive! with a focus on APA!’s impact on Travis county through our partnership with Austin Animal Center. Summary: Austin Pets Alive! (APA!) continues to be the city of Austin’s largest partner in lifesaving. APA! takes animals that have medical and behavioral issues that require a higher cost per animal than the average healthy animal in care. APA! focuses on these animals in an effort to have a measurable effect on the live release rate at AAC. APA! Intakes transferred from AAC: 158 animals were transferred out of AAC to rescue partners in November. 77 of those were transferred to APA!, and no animals were born in APA!’s care to pregnant animals sent from AAC. Additionally, APA! took in 47 pets directly from owners within Travis county through the PASS program that may have otherwise entered AAC. AAC - Cat Behavior AAC - Cat Bottle Baby AAC - Cat Maternity AAC - Cat Medical AAC - Cat Space AAC - Dog Behavior Large/Medium AAC - Dog Behavior Small AAC - Dog Bottle Baby AAC - Dog Maternity AAC - Dog Medical AAC - Dog Parvo Transfer AAC - Dog Space Large/Medium AAC - Dog Space Small TOTAL DIRECT AAC - Cat BIC AAC - Dog BIC TOTAL AAC Travis - PASS Travis - Parvo OS/PASS TOTAL TRAVIS 2 22 0 7 0 8 1 0 1 3 0 0 0 17 16 77 77 35 12 124 1 of 3 © 2022 Austin Pets Alive! All Rights Reserved Operations Comparison APA and AAC serve the community in tandem and our combined efforts impact the live release rate across the city, county and surrounding areas. For November 2022: AAC APA! TOTAL Intake 758 730 1,488 S/N at the Shelter In Foster* Adoptions 362 546 267 933 477 670 908 1,200 1,147 *Single day snapshot 12/5/22 APA! Transfers from AAC as % of AAC Intakes APA must: (a) select a sufficient number of animals from the At-Risk List so that at the end of each year of the Term APA will have selected from the At-Risk List 12% of the total number of animals taken in by AAS during the preceding year. Total AAC Dog and Cat Intake FY22 Transfer …

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Board of AdjustmentDec. 12, 2022

ITEM04 C15-2022-0086 LATE BACKUP-IN SUPPORT original pdf

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11/16/22, 11:11 AM Gmail - Support Letter Ryan McElroy Wed, Nov 2, 2022 at 12:57 AM Support Letter 5 messages To: " 11/02/2022 To Whom It May Concern: My family and I own and occupy 5214 Evans Avenue, which is directly next door to 5212 Evans. We've lived here for decades. Ryan McElroy, the owner of 5212 and our longtime neighboring property owner, is seeking a variance to disaggregate his lot into 2 lots, as was originally platted in our neighborhood. He shared his plans with us and we are fully in support of his variance request. We believe that building 2 side-by-side dwellings will allow for a better neighborhood feel and increased walkability, as well as occupying less parking spaces on Evans, since the parking for his proposed project will be along the alley versus the street. Thanks, Alex and the Mondragon Family 512-536-028 This is perfect. Thanks so much Alex! > Ryan McElroy The very best, Ryan [Quoted text hidden] Ryan McElroy To: Alex Finnell https://mail.google.com/mail/u/0/?ik=8019dc46a3&view=pt&search=all&permthid=thread-f%3A1748362723711540254&simpl=msg-f%3A1748362723711540254… 1/2 , Dan Fields Wed, Nov 2, 2022 at 8:14 AM ITEM4/1-LATE BACKUP/SUPPORT North Loop Neighborhood Association Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: North Loop Support for Applicant Variance Request at 5212 Evans To the Members of the Board of Adjustments this evening, the 11th of November, 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 support in favor of the disaggregation of two platted lots that were originally combined to form the property 5212 Evans Street, allowing for the construction of (2) single family homes on the resulting small lots. We have been engaged extensively with both the owner, Ryan McElroy and his architects, RAVEL ARCHITECTURE over the last several months and have met many times with both parties. Our neighborhood is unique in how it was platted where most of our 50’ wide lots were aggregated from originally platted 25’ lots. The ability to disaggregate these properties would provide a new housing type in the neighborhood unlocking a more affordable lot size while maintaining a housing typology that will be attractive to families. We have long supported ADU’s in our neighborhood, and many neighbors have made use of that currently permitted format. The …

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Board of AdjustmentDec. 12, 2022

ITEM05 C15-2022-0087 LATE BACKUP-IN SUPPORT original pdf

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ITEM5/1-LATE BACKUP/SUPPORT ITEM5/2-LATE BACKUP/SUPPORT ITEM5/3-LATE BACKUP/SUPPORT ITEM5/4-LATE BACKUP/SUPPORT

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Board of AdjustmentDec. 12, 2022

ITEM06 C15-2022-0088 LATE BACKUP-IN OPPOSITION original pdf

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From: To: Subject: Date: Seth Johnson Ramirez, Elaine case number C15-2022-0088 Friday, December 09, 2022 10:09:36 AM You don't often get email from seth@kristinandseth.org. Learn why this is important *** External Email - Exercise Caution *** Case number: C15-2022-0088 Public hearing date: 12/12/22 Contact person: Elaine Ramirez My name: Seth Johnson My address: 4908 Duval Street II, Austin, TX 78751 My phone number: 512-789-0009 Comments: I oppose granting a variance to the setback ordinance for this property. 50th street is a very congested street with street parking making morning delivery of students at nearby Ridgetop Elementary school a treacherous proposition. I am concerned that increasing the density of development on 705 East 50th street will further exacerbate an already difficult situation. Adding an ADU will introduce additional vehicles to this area and reduce available on- property parking.The setback for this neighborhood has been effectively applied to the surrounding properties and no rationale has been submitted by the applicant as to why this developer should be treated to an exception to an ordinance the neighborhood has agreed upon and instituted. The applicant is not a resident of our neighborhood and is applying for this variance not to benefit our community but only because it will enable a more lucrative redevelopment in a property flip. Our family walks or bikes down 50th street twice a day to drop our oldest child off and pick him up at Ridgetop. As we also have a three-year-old who will soon attend Ridgetop, we are expecting to continue this daily ritual for the next eight years. I ask that you reject this applicant's variance request to prevent the increase of street parking that will further endanger my children during our daily commute. Thank you for considering the concerns of resident families as a counter-balance to the profit-driven interests of developers attempting to skirt the ordinances that protect our quality of life in Austin. 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. ITEM6/1-LATE BACKUP/OPPOSITION

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Historic Landmark CommissionDec. 12, 2022

Special Called ARC Meeting Agenda original pdf

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SPECIAL CALLED MEETING of the HISTORIC LANDMARK COMMISSION ARCHITECTURAL REVIEW COMMITTEE Monday, December 12th, 2022 – 4:00 PM Permitting and Development Center Conference Room 1401 6310 Wilhelmina Delco Dr Austin, TX 78752 Some members of the committee may be participating by videoconference 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, email preservation@austintexas.gov or call Amber Allen at (512) 974-3393. COMMITTEE MEMBERS: Terri Myers Kevin Koch Beth Valenzuela AGENDA CALL TO ORDER BRIEFINGS ADJOURNMENT PUBLIC COMMUNICATION: GENERAL The first ten (10) speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. 1. 308, 310-314, and 316 Congress Avenue – W. B. Smith Building and Congress Avenue National Register District 3rd and Congress Project 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 the Historic Preservation Office at 512-974-3393 for additional information; TTY users route through Relay Texas at 711. For more information on the Historic Landmark Commission, please contact Amber Allen, Planner II, at 512-974-3393; Kalan Contreras, Senior Planner, at 512-974-2727; Kimberly Collins, Senior Planner, at 512-974-1801.

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