1409 Possum Trot BOA Request C15-2020-0038 E-1/1-PRESENTATION Our Variance Request • A variance from LDC 25-2-492; the rear setback in an SF-3 zoning district is 10 feet. We are requesting a rear setback of 5 feet. • The existing 1942 duplex has a 5-foot setback. It will continue to have the same 5- foot setback if the variance is approved. E-1/2-PRESENTATION Duplex at 1409 Possum Trot Requested 5-foot rear setback E-1/3-PRESENTATION Proposed Subdivision Plat E-1/4-PRESENTATION Property History • The existing structures were built in 1942 as a single-family residence and a duplex. • The property was annexed into Austin’s Full Purpose Jurisdiction and zoning regulations on March 14, 1946. • Because the property is within the City’s Full Purpose Jurisdiction with three existing units, it is classified as a legal non-complying use. E-1/5-PRESENTATION Property History (cont.) • On September 27, 2002, the City of Austin issued a Legal Tract Determination, which exempted this property from the platting requirements. • In 2019, the new owner purchased the property, and he wishes to subdivide the property into two lots, in order to bring it into compliance with the zoning regulations. E-1/6-PRESENTATION We are asking for BOA support for the following reasons: • The structures have existed since 1942, so variance approval will not impact the neighborhood. • This is a minimal departure. If this property were part of a neighborhood residential infill, the rear setback for a duplex would only be 5 feet, under 25-2-1535. However we do not qualify because residential infill requires a residential site area of one acre, and this site is smaller. E-1/7-PRESENTATION
509 E 38th E 38TH STREET(60' R.O.W.) 509 E 38th St - Subdivision Info E 38TH STREET(60' R.O.W.) Y T R E B L I T E E R T S ) . . W O R . ' 0 5 ( Seeking variance to keep existing 1954 home that would encroach into the 10-FT rear setback required per building code. For information purposes, this is the 50-FT frontage required for a lot subdivision, which creates the rear lot line for the existing house. Y T R E B L I T E E R T S ) . . W O R . ' 0 5 ( POA (cid:3) (cid:43) (cid:37) (cid:46) (cid:46) (cid:50) (cid:41) (cid:48) (cid:54) (cid:46) (cid:55) (cid:53) (cid:48) (cid:49) (cid:37) (cid:9) (cid:3) (cid:43) (cid:41) (cid:48) (cid:52) (cid:39) (cid:39) (cid:48) (cid:41) (cid:48) (cid:39) (cid:43) (cid:54) (cid:48) (cid:35) (cid:56) (cid:52) (cid:39) (cid:53) (cid:3) (cid:37) (cid:39) (cid:54) (cid:55) (cid:53) (cid:43) (cid:3) (cid:14) (cid:3) (cid:38) (cid:35) (cid:49) (cid:52) (cid:35) (cid:37) (cid:35) (cid:42) (cid:37) (cid:48) (cid:35) (cid:47) (cid:3) (cid:18) (cid:18) (cid:18) (cid:20) (cid:19) (cid:16) (cid:46) (cid:39) (cid:54) (cid:3) (cid:19) (cid:23) (cid:20) (cid:23) (cid:196) (cid:26) (cid:24) (cid:21) (cid:3) (cid:11) (cid:20) (cid:19) (cid:23) (cid:10) (cid:26) (cid:22) (cid:25) (cid:26) (cid:25) (cid:3) (cid:53) (cid:35) (cid:58) (cid:39) (cid:54) (cid:3) (cid:14) (cid:43) (cid:48) (cid:54) (cid:53) (cid:55) (cid:35) (cid:22) (cid:18) (cid:23) (cid:24) (cid:19) (cid:196) (cid:40) (cid:3) (cid:26) (cid:21) (cid:3) (cid:38) (cid:48) (cid:35) (cid:59) (cid:54) (cid:52) (cid:39) (cid:36) (cid:43) (cid:46) (cid:3) (cid:54) (cid:39) (cid:39) (cid:52) (cid:54) (cid:53) (cid:42) (cid:54) (cid:26) (cid:21) (cid:3) (cid:39) (cid:3) (cid:27) (cid:18) (cid:23) (cid:23) (cid:18) (cid:25) (cid:26) (cid:25) (cid:3) (cid:53) (cid:35) (cid:58) (cid:39) (cid:54) (cid:3) (cid:14) (cid:43) (cid:48) (cid:54) (cid:53) (cid:55) (cid:35) (cid:3) (cid:3) (cid:48) (cid:35) (cid:46) (cid:50) (cid:35) (cid:39) (cid:52) (cid:35) (cid:39) (cid:46) (cid:36) (cid:35) (cid:38) (cid:46) (cid:43) (cid:55) (cid:36) (cid:38) (cid:48) (cid:35) (cid:49) (cid:47) (cid:39) (cid:38) (cid:3) (cid:3) (cid:39) (cid:54) (cid:35) (cid:38) (cid:59) (cid:36) (cid:43) (cid:48) (cid:49) (cid:54) (cid:37) (cid:39) (cid:52) (cid:52) (cid:49) (cid:37) (cid:48) (cid:49) (cid:53) (cid:56) (cid:39) (cid:52) (cid:17) (cid:43) (cid:43) (cid:16) (cid:49) (cid:48) (cid:38)(cid:35)(cid:54)(cid:39)(cid:28) (cid:19)(cid:18)(cid:17)(cid:20)(cid:19)(cid:17)(cid:20)(cid:18)(cid:20)(cid:19) (cid:40)(cid:43)(cid:46)(cid:39)(cid:28) (cid:23)(cid:18)(cid:27)(cid:3)(cid:39)(cid:3)(cid:21)(cid:26)(cid:54)(cid:42)(cid:3)(cid:53)(cid:54)(cid:52)(cid:39)(cid:39)(cid:54) (cid:38)(cid:52)(cid:35)(cid:57)(cid:48)(cid:28) (cid:41)(cid:16)(cid:46)(cid:16)(cid:52) (cid:53)(cid:42)(cid:39)(cid:39)(cid:54) (cid:19) (cid:49)(cid:40) (cid:19) DEMO PLAN XXX XXX XXX SCALE IN FEET 1":10' BUILDABLE AREA E-3/1-PRESENTATION Exhibit A: 509 E 38th - Rear Encroachment from Subdivision The blue shaded area is the re-subdivided Lot 1. This variance request is adjacent to and affecting Lot 2 of the subdivision (not another neighbor). E-3/2-PRESENTATION Exhibit B: 509 E 38th - Existing Rear Setback Encroachment The existing rear garage is 4.4’ (aka 4’-5”) from …
4522 Caswell Ave View from 46th St. E-4/1-PRESENTATION Existing Setback & Garage Structure E-4/2-PRESENTATION Proposed Secondary Dwelling & Garage Structure E-4/3-PRESENTATION Air Spaiding Findings • Performed air Spaiding excavation on all locations requested by James Gobel • Had excavated areas inspected by Mr Gobel in person on Feb/22/2022 • Obtained email with confirmation of approval for our proposed plans from Mr Gobel E-4/4-PRESENTATION Email Containing Mr Gobel’s Assessment E-4/5-PRESENTATION Foundation Helical Pier Detail Plans/Drawings Sheet S1 or 20 Helical Pier System Detail/Drawing E-4/6-PRESENTATION
AGENDA BOARD OF ADJUSTMENT July 11, 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 by 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. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Sunday, July 10, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Ryan Nill EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CALL TO ORDER ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) PUBLIC COMMUNICATION: GENERAL The first (4) four 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. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval June 13, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2022-0001 Esteban Arrieta for Eames Gilmore 10107 Research Boulevard SVBD On-Line Link: Item C-1; NO PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign …
ADDENDUM AGENDA BOARD OF ADJUSTMENT July 11, 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 by 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. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Sunday, July 10, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Ryan Nill ___Darryl Pruett EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) NEW BUSINESS sessions F-7 Discussion with legal staff on the processes and procedures for hybrid executive 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 before the meeting date. Please call or email Board Liaison Elaine Ramirez, Development Services, at 512-974-2202 / elaine.ramirez@austintexas.gov or Board Secretary Diana Ramirez, Development Services, at 512-974-2241 / diana.ramirez@austintexas.gov , for additional information; TTY users route through Relay Texas at 711. For more information on the Board of Adjustment, please contact Board Liaison, Elaine Ramirez, Development Services, at 512-974-2202 / elaine.ramirez@austintexas.gov F. G.
Good Morning Tambra – Just sent us an email stating you want to withdraw your case and the reason. Also note the case number and address of the case.. From: To: Cc: Subject: Date: Attachments: Ramirez, Diana Ramirez, Elaine RE: July 11th, 2022 Presentation & Virtual Speaker registration deadline Thursday, June 30, 2022 9:00:22 AM image001.png image005.png image006.png image007.png *** External Email - Exercise Caution *** Target/Walton would like to formally withdraw their case. C16-2022-0001 / 10107 Research Blvd SVRD NB case. Good Morning Thank you MAY GOD BLESS YOU , Tambra A. Nance Director of Operations TITAN Services, LLC P: (817)778-9195 M: (817)948-5897 W: www.pstitan.com *** External Email - Exercise Caution *** From: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Sent: Thursday, June 30, 2022 8:48 AM To: Cc: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: RE: July 11th, 2022 Presentation & Virtual Speaker registration deadline Thank you - have a great day! Diana Ramirez From: Sent: Thursday, June 30, 2022 7:11 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: RE: July 11th, 2022 Presentation & Virtual Speaker registration deadline ] How do I go about withdrawing my variance? Good Morning Thank you MAY GOD BLESS YOU , Tambra A. Nance Director of Operations TITAN Services, LLC P: (817)778-9195 M: (817)948-5897 W: www.pstitan.com From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Monday, June 27, 2022 7:16 AM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: July 11th, 2022 Presentation & Virtual Speaker registration deadline Importance: High Good morning Applicants on the Mon. July 11th, 2022 BOA mtg. Agenda, Please read this entire e-mail C-1/1-LATE BACKUP
July 8, 2022 Tony Nguyen 4507 N Ih 35 Svrd Nb Austin TX, 78722 Re: C16-2022-0004 Dear Tony, Property Description: LOT 1 TERRY ROSS ADDN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Sections 25-10-123 (B)(2)(a)(i) and (B)(3)(a) at 4507 N IH 35. After researching this site and our facilities near the existing sign, it has been determined that the sign and its proposed expansion potentially fails to meet required clearances detailed in Austin Energy’s Electric Design Criteria Manual. Please contact electric design lead Brian Van Dyke via email at Brian.VanDyke@austinenergy.com to coordinate this project. Once any clearance conflicts have been resolved, Austin Energy will be able to approve this variance request. 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 Cody.Shook@austinenergy.com
From: To: Subject: Date: Ramirez, Elaine Case Number C16-2022-0004 hearing on 07-11-2022 Friday, July 08, 2022 8:40:15 PM *** External Email - Exercise Caution *** To Board of Adjustment and Elaine Ramirez: My name is Horatiu Pivoda, and I am the property owner of 1101 Bentwood Rd, in Austin. My property is adjacent to 4507 North Interstate 35. This email is in regards to the sign proposal for Apple Tree Holdings; case number C16-2022-0004. I would like the board to know that I am in full support of the proposed sign alterations. And I would like my email to be entered into record that I, as a property owner and a neighbor, have no objections to the proposed changes. In fact, it is my belief that having businesses improve their locations, and visibility will create a positive feedback in the neighborhood. Which we will all benefit from, as a community and as neighbors. If there are further questions, I can be reached via phone @ 714-272-7672 or simply via my email. Thank you Best Regards, Horatio Pivoda | RoCaL Group Inc. c: (714) 272-7672 This email may contain material that is confidential or proprietary. If you are not the intended recipient, please contact the sender and delete all copies. 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. C-2/1-LATE BACKUP
July 1, 2022 Rodney K. Bennett 529 Evening Star Kyle, TX 78640 Re: C15-2022-0048 Dear Rodney, Property Description: S 85 FT OF LOT 10 FOX SCHMIDT SUBD 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 25-2-899(D) at 2500 Spring Lane. 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
July 7, 2022 Attention: Elaine Ramirez, Board of Adjustments City of Austin 6310 Wilhelmina Delco Austin, Texas 78752 RE: D-1, C15-2022-0048 Respectfully, Rodney K. Bennett Bennett Consulting j 512-627-7227 Please respectfully accept this letter as our written request to postpone the above- mentioned item. We will not be able to attend and present to you since the WANG Neighborhood Association is meeting at the same time to discuss our case. It is our wish to be heard at the August BOA Meeting. D-1/1LATE BACKUP PPMT REQ
July 7, 2022 Daniel Fields 2614 Francisco St Austin, TX 78702 Re: C15-2022-0056 Property Description: LOT 9 BLK 18 OLT 32&33 DIV B GLENWOOD ADDN Dear Daniel, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variances from LDC Sections 25-2-774-C-2-A and 25-2- 492 at 1305 Singleton Avenue. 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
July 1, 2022 Aaron Seifert 8114 Cache Dr Austin TX, 78749 Re: C15-2022-0057 Dear Aaron, Property Description: LOT 8 BLK HH MAPLE RUN SEC 5-A 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 8114 Cache Drive. 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
A a r o n T h a n k s ! * * * E x t e r n a l E m a i l - E x e r c i s e C a u t i o n * * * T o : F r o m : D a t e : S u b j e c t : R a m i r e z , E a n e l i a a . s e i f e r t @ g m a i l . c o m l S u n d a y , J u y 1 0 , 2 0 2 2 8 : 2 7 : 4 2 P M C 1 5 - 2 0 2 2 - 0 0 5 7 / 8 1 1 4 C a c h e D r l e t t e r s o f s u p p o r t H e r e a r e 3 l e t t e r s o f s u p p o r t f r o m m y n e i g h b o r s o n m y v a r i a n c e . C A U T I O N : T h i s e m a i l w a s r e c e i v e d a t t h e C i t y o f A u s t i n , f r o m a n E X T E R N A L s o u r c e . P l e a s e u s e c a u t i o n w h e n c l i c k i n g l i n k s o r o p e n i n g a t t a c h m e n t s . I f y o u b e l i e v e t h i s t o b e a m a l i c i o u s a n d / o r p h i s h i n g e m a i l , p l e a s e f …
July 7, 2022 Ada Corral, AIA 505 W 38th St, Suite B Austin TX, 78705 Re: C15-2022-0058 Dear Ada, Property Description: N 90 FT OF LOT 1 BLK B OLT 29 DIV D LAWLESS 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 2202 Longview Street. Austin Energy does not oppose the requested setback variance for the front of the property, and does not oppose the setback variance at the rear as long as a 15’ clearance is maintained between the proposed ADU and the existing overhead electric lines in the alley. Also, any proposed or existing Improvements must 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
*** External Email - Exercise Caution *** From: To: Cc: Subject: Date: Pangle, Thomas L Ramirez, Elaine CASE NUMBER C-15-2022-0058 Monday, July 04, 2022 12:35:26 PM CASE NUMBER C-15-2022-0058 DEAR MS RAMIREZ, Telephone 512 608 8317 I OBJECT I am the owner of a home at 1200 West 22nd and a half St Austin 78705. Codes have no meaning unless they are enforced except in cases of exceptional hardship, and this is not such a case. The code is established for a set of purposes that need to be pursued. Furthermore, the recommended change allowing a decrease in setback would set a precedent for future adverse development within the neighborhood. -- Thomas L. Pangle Joe R. Long Endowed Chair in Democratic Studies Department of Government University of Texas at Austin http://www.la.utexas.edu/users/tlp374/ And Co-Director, Thomas Jefferson Center for the Study of Core Texts and Ideas University of Texas at Austin https://liberalarts.utexas.edu/coretexts/ Download papers and articles at: https://utexas.academia.edu/ThomasPangle D-4/1-LATE BACKUP From: To: Subject: Date: Megan Meisenbach Ramirez, Elaine C-15-2022-0058 2202 Longview St Monday, July 04, 2022 11:09:29 AM *** External Email - Exercise Caution *** Greetings Ms Ramirez, Please convey my objection to the Board of Adjustment concerning the requested variances listed. Here are some of the reasons why these variances should be denied. 1. Such a decrease in setback would set a precedent for future development within the neighborhood and near-by residential neighborhoods and could lead to more variances of all types. 2. The developer knew what the setbacks were when they bought the property. Their action of purchasing the property came with the assumption of due diligence. 3. The current property set back is designed to promote a unified appearance to the neighborhood. Ther variances will upset the historic look of the streets and look out of place. 4. The requested 5 foot setbacks do not leave room for the eaves of a roof. Water runoff may land on the neighboring property promoting fast run-off and pave the way to flooding which is already a problem in this area. The Public Hearing is scheduled before the Board of Adjustment on July 11, 2022 (next Monday). Case Number: C-15-2022-0058 "The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to: a) decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) for the existing non-complying primary residence to …
From: To: Subject: Date: Nirav V. Patel [USA] Ramirez, Elaine Case Number: C15-2022-0058 Tuesday, July 05, 2022 11:33:18 AM *** External Email - Exercise Caution *** Hello Elaine Ramirez, I'd like to submit this email as my stand IN FAVOR of the project at 2202 Longview St. (Elizabeth Schaub & Karl Richichi). As a neighbor since 2005, i'm fully aware of Elizabeth and Karl's circumstances and plans for their home. Let me know if you have any questions for me. Nirav V. Patel 1906 David St, Austin, TX 78705 512/468-8201 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. D-4/1-LATE BACKUP D-4/2-LATE BACKUP
July 1, 2022 Christina Contros 1803 Palma Plaza Austin, TX 78703 Re: C15-2022-0059 Dear Christina, Property Description: LOT 2 *RESUB OF TRT 2 TANGLEWILD ESTATES 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 1703 Cedar Bend Drive. 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
July 1, 2022 Thrower Design, LLC P.O. Box 41957 Austin TX, 78704 Re: C15-2022-0060 Dear Victoria, Property Description: LOT 1 RESUB OF PT OF LOT 1 FITZHUGH J G & HENRY SUBD Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Sections 25-2-1063(B)(1) and 25-2-1063(C)(1)(a) at 1609 Matthews Lane. 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
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 D-6/1-LATE BACKUP 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 …
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
July 8, 2022 Jim Wittliff 1409 Possum Trot Austin TX, 78703 Re: C15-2020-0038 Property Description: W 91.2 FT OF LOT 5 & NW 20X90 AV OF LOT 6 BLK 6 WESTFIELD A Dear Jim, 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 8114 Cache Drive. Austin Energy does not oppose the request, provided that any proposed permanent structures meet 15’ radial clearance from any existing overhead electric facilities. Also, any other proposed or existing improvements must adhere to 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
From: To: Subject: Date: Molly Nefkens Ramirez, Elaine Comments for hearing on case # C15-2020-0038, July 11, 2022 Saturday, July 02, 2022 2:06:30 PM *** External Email - Exercise Caution *** Hi Elaine, We have submitted comments regarding this property before (see below) and remain opposed to decreasing the rear yard set back from 10 feet (required, per code) to the requested 5 feet (not to code). The statement on the latest city mailed letter states that the purpose of this variance is to “maintain an existing duplex”. We do not understand why decreasing the set back helps the owner with maintainance. As well, it appears that perhaps the duplex was not built to code originally (is this possible?). We are also wondering about why this issue is being revisited when it was already taken up a year ago? I believe granting variances for reducing set backs establishes an undesirable precedent for our neighborhood. As we are all aware, Austin has undone explosive growth, and new construction is happening all around us. We rely on the city to enforce our city codes with new construction. I live at 1403 Possum Trot St. and recently finished construction on my own home. We were expected to follow ALL city codes, and did so. The home next to me at 1401 Possum Trot St. is planning to undergo demolition and rebuild, and the home across the street at 2501 Inwood Place is for sale and will almost surely undergo an extensive remodel if not complete demolition. We would not be in agreement with construction at either of these two locations not following set back codes, and we are not in agreement with 1409 Possum Trot St. being granted a variance allowing further encroachment against the shared property line with 1405 Possum Trot Street. If there is new information or new codes this time around, different from this request from year ago, please help us understand the differences so we may be better informed about this issue. We are likely to be traveling and unable to attend the scheduled meeting in person, but we would like to know our comments will be provided to the Board of Adjustment. Thank you for your time and help in this matter, Molly & Mike Nefkens 1403 Possum Trot Street 650-644-5053 Begin forwarded message: From: Molly Nefkens <m Subject: Comments for hearing on case # C15-2020-0038 Date: July …
From: To: Subject: Date: Nick Fritz Ramirez, Elaine Case Number: C15-2022-0002 Tuesday, June 14, 2022 4:44:59 PM *** External Email - Exercise Caution *** CASE NUMBER: C15-2022-002 CONTACT: Elaine Ramirez PUBLIC HEARING: Board of Adjustment; July 11th 2022 Applicant: Rao Vasamsetti; 210-549-7557 Owner: 5413 Guadalupe LLC Address: 5413 Guadalupe st; Lot 16&21 BLK 1 Northfield Annex No 2. Nicholas Andrew Fritz 507 Nelray BLVD Austin, TX 78751 (512) 658-4284 I, Nicholas A. Fritz here by OBJECT(not in favor) to the applicant request to the variance(s) from the Land Development code section 25-2-492 (Site Development Regulations) to setback requirements to decrease the minimum interior sode yard setback from 5 feet(required) to 4 feet (requested), in order to erect a 3 story condominium in a “MF-4-CO-NP”, multi-family- conditional overlay-neighborhood plan zoning district (North Loop Neighborhood Plan) Would rather not have a three-story condominium across the street from my house. Guadalupe Street is a 2 Lane St., there will be too much traffic added to the neighborhood. This neighborhood is not designed/does not have space for additional parking that will come with the new building. I also see kids playing on the street additional traffic is unsafe for the neighborhood. Nicholas Fritz E-2/1-LATE BACKUP 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. E-2/2-LATE BACKUP
AREA FOR COMPATIBILITY SETBACK RELIEF 55TH STREET (50' R.O.W.) PROPERTY LINE 15'-0" STREET YARD SETBACK ' 5 1 50' 25' K C A B T E S Y T I L I B T A P M O C I " 0 - ' 5 2 ) D L I U B O N ( K C A B T E S Y T I L I B T A P M O C I " 0 - ' 0 5 ) . T H . G D L B X A M " 0 - ' 0 3 / S E R O T S 2 ( I ' 0 5 ' 5 2 100'-0" C O M PATIBILITY S ETB A C K (3 ST O RIE S/40'-0" M A X BLD G. H T.) 50'-0" COMPATIBILITY SETBACK (2 STORIES/30'-0" MAX BLDG. HT.) E P O R P E RTY LIN 15'-0" FR E (P O K C A G) ETB NIN NT S R MF-4 ZO 25'-0" FR E (P O K C A ETB NT S R 25.2.1064) 25'-0" RADIUS 25'-0" 15'-0" MF-4-CO-NP 0' R.O.W.) E (5 P U L A D A U G AREA FOR COMPATIBILITY SETBACK RELIEF K C A B T E S Y T L I B T A P M O C I I " 0 - ' 0 5 ) . T H . G D L B X A M " 0 - ' 0 3 / S E R O T S 2 ( I K C A B T E S Y T I L I B I T A P M O C " 0 0'- 0 1 ) T. H . G D L B X A M " 0 0'- 4 / S E I R O T S 3 ( K C A B T E S Y T L I B T A P M O C I I " 0 - ' 5 2 ) D L I U B O N ( 50' 25' 15'-0" STREET YARD SETBACK ' 5 1 PROPERTY LINE NELRAY BLVD (50' R.O.W.) O L T 2 O L B 2 , C S F K 1 3 - 3 , K 1 C T 2 O L L O B 4 , K 1 C T 2 O L L O B O L …
From: To: Subject: Date: Attachments: Abbey Ames Ramirez, Elaine Re: Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Sunday, July 10, 2022 11:41:01 PM image001.png *** External Email - Exercise Caution *** Hi Elaine, I was planning on attending tomorrow's meeting in reference to file C15-2022-0043. Unfortunately I have had to go out of town unexpectedly and won't be able to attend. Could you please add the following to be included in the discussion? Please let me know you received it and will be included. Thanks, Abbey 713-444-0272 To Whom It May Concern, My name is Abbey Ames and I live at 508 Texas Ave, which backs up to 509 E 38th Street. I oppose the proposal for code variance as they have created this conflict with their drawn subdivision plans. Ultimately, I am concerned how this plan would allow them to easily subdivide the lot into a north and south lot. By doing so, the house they intend to build (on south lot) will be closer to my property line and backyard. There have been some drawings of the current property that indicate trees in "poor health" (on the southernmost property line). I am concerned that, in order to build a house on the proposed southern lot, they will seek to eliminate such tree. They do not appear sick to my untrained eye and I know the city does a wonderful job protecting trees, but I am concerned it will continue to decrease the privacy and charm of neighborhood. I spoke with applicant who said they avoid tearing down trees, but I'm not sure how they can build a house on the south lot without removing some of the existing trees. Lastly, With the lots not facing 38th, there will be increased parked cars & therefore traffic on Liberty Street, which can already get congested. I recognize the lot can be subdivided. Though I believe their proposed plans will negatively impact my home's value and privacy, which is why I am opposed to the code variance. Sincerely, Abbey Ames Sent from my iPhone On May 5, 2022, at 1:52 PM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: E-3/1-LATE BACKUP Hi Abbey, I will make the same suggestions to you as I did Beverly in her e-mail that you were cc- ed on one being I suggest you fill out the form or write a letter requesting the …
From: To: Cc: Subject: Date: Attachments: lisa gray Ramirez, Elaine Ramirez, Diana Re: July 11th, 2022 Presentation & Virtual Speaker registration deadline Wednesday, June 29, 2022 12:56:34 PM image001.png image002.png image003.png *** External Email - Exercise Caution *** Hi! Could we request a postponment? We are working on getting a letter from Preservation Austin and rewording our hardship. Thanks, Lisa On Monday, June 27, 2022, 07:16:38 AM CDT, Ramirez, Elaine <elaine.ramirez@austintexas.gov> wrote: Good morning Applicants on the Mon. July 11th, 2022 BOA mtg. Agenda, Please read this entire e-mail The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is Friday, July 1st, before 3p.m. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) Presentation: If you would like the Board to follow along with you as you are giving your presentation (You will have 5 minutes to hone in on the main aspects of the case as you are presenting the case to the Board), you will need to have your Presentation completed and sent to me in PDF E-3/1-LATE BACKUP format or PowerPoint to give to our City Technician as well as our BOA Board will have access to view this the week prior to the meeting (DO NOT send in a drop box, link, etc. as our systems do not support these formats). The Deadline for this is Friday, July 1st, before 3p.m. No late Presentations or updated Presentations will be accepted after 3p.m. on Fri. July 1st. The Presentation will need to be labeled with the following information: case #, address of project and name of Applicant speaking at the meeting. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) The deadline for Applicants participating virtually (must be by deadline, no late virtual applicant/additional speakers will be able to register) is Friday, July 1st, before 3p.m. Applicants/Speaker Virtual registration: You have until Friday, July 1st, before 3p.m. to register if you would like to participate virtually. The following is for virtual speakers ONLY, e-mail me the following information and I will put you on the list to speak. Deadline to register for virtual speakers is Monday, July 1st, before 3p.m.: If you will be speaking/giving presentation or be on the list for the Board to possibly …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: July 11, 2022 CASE NUMBER: C16-2022-0001 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) N/A _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Esteban Arrieta OWNER: Eames Gilmore ADDRESS: 10107 RESEARCH BLVD SVRD 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) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (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: POSTPONED TO MARCH 14, 2022 (AE DENIAL); March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Darryl Pruett motions to postpone to April 11, 2022; Board Member Melissa Hawthorne seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to May 9, 2022; Board Member Richard Smith seconds on a 11-0 vote; POSTPONED TO MAY 9, 2022. May 9, 2022 POSTPONED TO JUNE 13, 2022 BY APPLICANT; June 13, 2022 POSTPONED TO JULY 11, 2022 AS PER APPLICANT’S REQUEST; July 11, 2022 WITHDRAWN BY APPLICANT 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 C-2 DATE: July 11, 2022 CASE NUMBER: C16-2022-0004 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) N/A _______Carrie Waller (Alternate) _______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) 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0048 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) N/A _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Rodney Bennett OWNER: Diana Patterson ADDRESS: 2500 SPRING LN VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height of six (6) feet or a maximum height of seven (7) feet (required) for a solid fence along the property line in order to construct a ten (10) feet (requested) tall masonry wall/fence along Bowman Avenue in a SF-3-NP”, Single-Family-Neighborhood Plan zoning district (WANG Neighborhood Plan). Note: The Land Development Code 25-2-899 (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. Homeowner was Granted a fence variance in 2010 from 6 ft. to 8 ft., C15-2010-0034. BOARD’S DECISION: BOA MEETING JULY 11, 2022 POSTPONED TO AUGUST 8, 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: (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 D-2 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0056 __Y_____Thomas Ates __Y_____Brooke Bailey __Y_____Jessica Cohen __Y_____Melissa Hawthorne __Y_____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: Daniel Fields OWNER: Halley Wuertz ADDRESS: 1305 SINGLETON AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) a) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) in order to erect a Single-Family residence in the rear. b) location at least 10 feet to the rear or side of the principal structure (required) to a Two- Family use location at to the front of the principal structure (requested) in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Chestnut Neighborhood Plan) 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two-Family Residential use Note: Per LDC (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 Applicant is proposing to change use of Principal structure (front) to the Two-Family Residential Use and construct a detached Principal Structure to the rear. BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with conditions that it ties the current house to presentation item D-2/3 (proposed site plan), house stays where it is, limited to 0.4 FAR, no new parking spaces in front and no STR (Short-Term Rental); Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITIONS THAT IT TIES THE CURRENT HOUSE TO PRESENTATION ITEM D- 2/3 (PROPOSED SITE PLAN), HOUSE STAYS WHERE IT IS, LIMITED TO 0.4 FAR, NO NEW PARKING SPACES IN FRONT AND NO STR (SHORT-TERM RENTAL). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: new house and ADU would require the demolition of the existing 1953 cottage, contributing to the erosion of scale and character that is representative of small mid and early 1900’s cottages of the Chestnut Neighborhood. 2. (a) The hardship for which the variance is requested is unique to …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0057 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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) OWNER/APPLICANT: Aaron Seifert ADDRESS: 8114 CACHE DR 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 street side yard setback from 15 feet (required) to 5 feet (requested) in order to complete a shed in a “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with condition that the variance only applies to the proposed structure (new shed) Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITION THAT THE VARIANCE ONLY APPLIES TO THE PROPOSED STRUCTURE (NEW SHED). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: other properties have a 5 foot setback on the side of their property, however the street side setback is 15 feet because of homes location which limits the buildable area in this lot, also unique to the property is the 40 foot easement. 2. (a) The hardship for which the variance is requested is unique to the property in that: a 40 foot easement on the back of this property, a tree with a critical root zone that don’t want to infringe upon, a retaining wall that would cause structural issues if built across it, for that reason need to be able to build within 15 foot setback that has been set by the city. (b) The hardship is not general to the area in which the property is located because: the drainage/utility easement is not in every backyard, it is specific to the property. 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: the structure will still be setback 5 feet from out property line, which is 15 feet from the street. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0058 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Ada Corral OWNER: Elizabeth Schaub/Karl Richichi ADDRESS: 2202 LONGVIEW ST decrease the minimum rear yard setback from 10 feet (required) to 5 feet 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: 1. (requested) for the existing non-complying primary residence to complete a remodel/addition and decrease the minimum front yard setback from 25 feet (required) to 16 feet 2. (requested) and decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) for a detached 2-car garage accessory structure with washroom and 2nd FL Living room in a “SF-3-CO-NP”, Single-Family-Combined Overlay-Neighborhood Plan zoning district (West University Neighborhood Plan). BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve; Board member Brooke Bailey seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the existing house is on small lot, most configurations short side of lot is the front, most cases long side is street or side street, alley side would be rear, approving this as a regular lot short side in the front. 2. (a) The hardship for which the variance is requested is unique to the property in that: lot is set from a typical view and 23” diameter live oak tree reduces the buildable area, an existing house and accessory unit would be built as it would be considered side street setback which would be in alignment with other structures. (b) The hardship is not general to the area in which the property is located because: the majority of area lots ae standard lots that have not been re-platted and doesn’t have this odd configuration or heritage tree in the middle of the lot. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-5 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0059 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Christina Contros OWNER: Gregory A Okorn ADDRESS: 1703 CEDAR BEND DR lot size requirements to decrease the minimum lot size of 43,564 square feet setback requirements to decrease the minimum front yard setback from 40 feet VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2- 492 (Site Development Regulations) from: a) (required) to 19,934 square feet (requested) b) (required) to 19 feet 5 inches (requested) c) (requested) and d) 34.5% (requested) in order to erect a one story addition to an existing Single-Family residence in a “RR”, Rural Residential zoning district. building coverage requirements to increase from 20% (maximum allowed) to 21.6% impervious coverage requirements to increase I.C. from 25% (maximum allowed) to BOARD’S DECISION: BOA meeting July 11,2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Ryan Nill motions to approve; Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot was subdivided from Tract 2 Tanglewild Estates in September 1974, the existing single story residence was constructed in 1977, the COA annexed the area in 1984, full annexation was 1992. 2. (a) The hardship for which the variance is requested is unique to the property in that: this substandard lot was created in 1974 with the resubdivision of Tract 2 Tanglewild Estates not allowing for zoning requirements for RR zone to be met, annexation by the city placed a zoning overlay on a property not able to comply. (b) The hardship is not general to the area in which the property is located because: several of the original lots in Tanglewild Estates remain intact and are larger and therefore comply with RR zoning, most original lots have been re-subdivided and are smaller and are zoned differently, there lots have been rezoned for higher density. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-6 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0060 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: 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 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 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. 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 …
