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Board of AdjustmentJune 13, 2022

D-1 C16-2022-0001 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0001 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______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 D-1/1 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 ____________________________ forD-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: April 11, 2022 CASE NUMBER: C16-2022-0001 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) …

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Board of AdjustmentJune 13, 2022

E-1 C15-2022-0002 ADV PACKET original pdf

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BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: decrease the minimum Interior Side Yard Setback from 5 feet to 4 feet CASE: C15-2022-0002 BOA DATE: June 13th, 2022 ADDRESS: 5413 Guadalupe St OWNER: 5413 Guadalupe LLC COUNCIL DISTRICT: 4 AGENT: Rao Vasamsetti ZONING: MF-4-CO-NP (North Loop) LEGAL DESCRIPTION: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 SUMMARY: erect three story condominiums and associated improvements ISSUES: existing adjacent buildings have similar setbacks Site North South East West ZONING MF-4-CO-NP CS-CO-NP SF-3-NP MF-3-NP; SF-3-NP MF-3-NP; SF-3-NP LAND USES Multi-Family General Commercial Services Single-Family Mutli-Family; Single-Family Mutli-Family; Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Loop Neighborhood Association North Loop Neighborhood Plan Contact Team Preservation Austin SELTexas Sierra Club, Austin Regional Group E-1/1 May 25, 2022 Lendy Capital Group 26603 Circle Mill Ln Katy, TX 77494 Re: C15-2022-0002 Dear Rao, Property Description: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-492/25-2-65 at 5413 Guadalupe St. 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 E-1/2 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0002 5413 GUADALUPE STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or …

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Board of AdjustmentJune 13, 2022

E-2 C15-2022-0044 ADV PACKET original pdf

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BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: a Two-Family Residential use 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) CASE: C15-2022-0044 BOA DATE: June 13th, 2022 ADDRESS: 1907 E 9th St OWNER: Lucas I Schlager COUNCIL DISTRICT: 1 AGENT: Jason Fryer ZONING: SF-3-NP (Central East Austin) LEGAL DESCRIPTION: LOT 4 BLK 20 GRANDVIEW PLACE SUMMARY: construct a Primary Structure to the rear ISSUES: this property has one of the few original 1941 bungalows ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Blackshear-Prospect Hill Central Austin Concerned Architects Del Valle Community Coalition East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Organization of Central East Austin Neighborhoods Preservation Austin SELTexas Sierra Club, Austin Regional Group E-2/1 May 25, 2022 Jason Fryer 1907 E 9th St Austin TX, 78702 Re: C15-2022-0044 Dear Jason, Property Description: LOT 4 BLK 20 GRANDVIEW PLACE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-774(c)(2)(a) at 1907 E 9th St. 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 E-2/2 S R E M L A H C A LIN A S TILLOTSON N L O C LIN N O HIC C COLLEGE 11TH O H C N O C 10TH 9TH 8TH 10TH L MIL P R O S P E C T 8TH 9TH 7TH 6TH HIDALGO 5TH ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: …

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Board of AdjustmentJune 13, 2022

E-3 C15-2022-0047 ADV PACKET PART1 original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0047 BOA DATE: June 13th, 2022 ADDRESS: 4522 Caswell Ave OWNER: Steven Walker COUNCIL DISTRICT: 9 AGENT: Christian Gutierrez ZONING: SF-3-NCCD-NP (Hyde Park Neighborhood Conservation Combining District Neighborhood Plan) LEGAL DESCRIPTION: LOT 1A LINDEN PLACE VARIANCE REQUEST: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested). SUMMARY: remodel addition to a garage/studio ISSUES: protected trees critical root zones ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-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 Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group E-3/1 May 25, 2022 Christian Gutierrez 6273 Negley B Kyle, TX 78640 Re: C15-2022-0047 Dear Christian, Property Description: LOT 1A LINDEN PLACE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Section 25-2, Subchapter F, 2.4 at 4522 Caswell Ave. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com E-3/2 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0047 4522 CASWELL AVENUE This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. E-3/3 E-3/4 E-3/5 E-3/6 …

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Board of AdjustmentJune 13, 2022

E-3 C15-2022-0047 ADV PACKET PART2 original pdf

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E-3/29 E-3/30 E-3/31 E-3/32 E-3/33 E-3/34 E-3/35 E-3/36

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Board of AdjustmentJune 13, 2022

F-1 C15-2022-0011 ADV PACKET PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet G-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be F-1/1 reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Agustina Rodriguez motions to deny; Board Member Richard Smith seconds on a 6-5 vote (Board members Jessica Cohen, Melissa Hawthorne, Darryl Pruett, Kelly Blume, Marcel Gutierrez-Garza nay); DENIED. RECONSIDERATION REQUESTED: …

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Board of AdjustmentJune 13, 2022

F-1 C15-2022-0011 ADV PACKET PART2 original pdf

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F-1/72 F-1/73 From: To: Subject: Date: Paige Pozzi Ramirez, Elaine Opposition case G-1-C15-2022-0011 and G-2 C15-2022-0012 Thursday, May 05, 2022 2:48:48 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez and fellow Board members, I am writing in opposition of the variance on the two properties at 2715 and 2717 Long Bow Trail Austin, TX 78734 (case numbers G-1-C15-2022-0011 and G-2 C15-2022-0012). I am a 13 year resident of Apache Shores, the Lake Austin neighborhood where these two properties are located. Our neighborhood is quickly growing and while I don’t like it, I accept it. I am not opposed to new houses being built (even on these lots, if they are built responsibly!). The growing trend of builders, especially this particular builder, seems to be to push the environmental limits to the extreme. This application for a variance is no exception. These properties are entirely too close to the lake to have so much impervious cover. Please do not approve this variance. This builder is currently building a 4 story home within 10 feet of our neighborhood’s beloved creek. That alone is my evidence for the complete and utter lack of environmental concern. When will it stop? I walk by (near) these lots several times a week on my way to the lake. I am a mom of three young kids. This letter isn’t written well, but it comes from my heart for the concern of the environment which is important to my family. Grateful for your consideration, Paige Pozzi 2503 Geronimo Trail Austin, TX 78734 512-789-7056 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. F-1/74 From: To: Subject: Date: B.J. Carpenter Ramirez, Elaine 2715 and 2717 Longbow Trail Variance Request Thursday, May 05, 2022 3:04:46 PM *** External Email - Exercise Caution *** Ms. Ramirez As a property owner in Apache Shores and an active member in the neighborhood I would like to voice my opposition to the variance request for the two following properties. 2715 Longbow Trail, case number G-1 C15-2022-0011 2717 Longbow Trail, case number G-2 C15-2022-0012 As an environmental professional I don't believe it is in the interest of the neighborhood, environment, or City of Austin to allow a variance from the …

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Board of AdjustmentJune 13, 2022

F-2 C15-2022-0012 ADV PACKET PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet G-2 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0012 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2717 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent or increase the maximum impervious cover on a slope with a gradient of 15 percent VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) less from 35 percent (allowed) to 40 percent (requested) (b) and not more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) to 27 percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny; Board Member Nicholl Wade seconds on a 10-1 vote (Board member Kelly Blume nay); DENIED. RECONSIDERATION REQUESTED: MAY 9, 2022 POSTPONED TO JUNE 13, 2022 …

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Board of AdjustmentJune 13, 2022

F-2 C15-2022-0012 ADV PACKET PART2 original pdf

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Absentee Indicator Residential Model Indicator Situs Address Taken From Sales Transaction -Determined Absentee Owner Based On Zip Code and Value Property is Not Residential Current Owner 2717 Long Bow Trail LLC Jan 10, 2017 OWNERSHIP DETAILS Document Number 5077 Sale Date Jan 10, 2017 Date Recording Jan 10, 2017 Deed Securities Category Resale, Cash Purchase MORTGAGE INFORMATION Date Recording Jan 10, 2017 Cash Purchase Yes Document Number 5077 I Universal Land Use Residential Lot Property Indicator Vacant Resale New Construction Resale Title Company GRACY TITLE CO Owner 2717 Long Bow Trail LLC 4307 Michaels Cv, Austin, Texas, 78746 Seller Armstrong Murray P & Rachel E Private Party Lender No From: To: Subject: Date: Susan Van Nostrand Ramirez, Elaine 2715 and 2717 Long Bow Trail Variance Request Hearing Tonight May 9th Monday, May 09, 2022 12:00:02 PM *** External Email - Exercise Caution *** Hello Ms. Ramirez, In regards to case number: G-1 C15-2022-0011 & G-2 C15-2022-0012 I live across the street from this property. I attended the last hearing and spoke in opposition to this variance exception. The variance was denied at that time. I am unable to attend tonight due to my son's baseball game. I would say the same thing I did last time. I spoke to the builder and asked for them to build something smaller that fits in the small lot. He said no, he was going to build his 1.2 million dollar three story white houses or he wouldn't make enough money. I have lived here for over 20 years and moved to this neighborhood to enjoy space, light and nature not huge three story white walls built on a tiny lot where he has to clear all the trees and cut out the mountain. I am asking that this builder be denied to increase the impervious cover from 5% to 40%. I would plead to the board that this is wrong and the rules are in place to protect our lakes and he refused to compromise. Respectfully, Susan Van Nostrand 2706 Long Bow Trail 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.

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Board of AdjustmentJune 13, 2022

G-1 C15-2021-0097 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday March 14, 2022 CASE NUMBER: C15-2021-0097 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur OUT ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to December 13, 2021; Board Member Thomas Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021; Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 BY APPLICANT; Jan 10, 2022 BOA meeting G-1/1 cancelled due to not having a quorum present at meeting, case will auto be scheduled and re-notified to February 14, 2021; POSTPONED TO MARCH 14, 2022 BY APPLICANT; March 14, 2022 APPLICANT NO SHOW -Board Member Melissa Hawthorne motions to postpone to June 13, 2022; Board Member Darryl Pruett seconds on a 10-0 vote; POSTPONED TO JUNE 13, 2022. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair G-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday …

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Board of AdjustmentJune 13, 2022

G-2 C15-2022-0035 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0035 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Mike Mchone OWNER: DC+CJ San Pedro LLC, Cater Joseph ADDRESS: 2609 SAN PEDRO ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Article 3, Division 9 – University Neighborhood Overlay District Requirements, Section 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street (required) to 24 feet from the centerline of adjacent street (requested) in order to erect a Multi-Family SMART Housing Building in an “MF-4- NP”, Multi-Family-Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: Per LDC 25-2-757 SETBACKS; COMPATIBILITY (E) A building must be at least 12 feet from the front face of the curb of the adjacent street and at least 30 feet from the centerline of the adjacent street, 12 ft. from the face of curb for the required UNO Streetscape will be provided. BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) G-2/1 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 forG-2/2 May 24, 2022 Mike Mchone P.O. Box 8142 Austin TX, 78713 Re: C15-2022-0035 Property Description: W 74.9FT LOT 9 OLT 60&64 DIV D GRAHAM SUBD Dear Mike, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-757(E) at 2609 San Pedro St. 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 …

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Board of AdjustmentJune 13, 2022

G-3 C15-2022-0043 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE 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: G-3/1 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 forG-3/2 May 11, 2022 Lisa Gray 3530 Bee Caves Rd #218 Austin TX, 78746 Re: C15-2022-0043 Property Description: 100X140FT BLK 3 OLT 7-8 DIVISION C Dear Lisa, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-492 at 509 E 38th 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 …

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Board of AdjustmentJune 13, 2022

H-1 BOA MONTHLY REPORT MAY 9 original pdf

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BOA Monthly Report July 2021-June 2022 May 9, 2022 Granted (4) 1. 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade 2. 25-2-601 (Industrial Park (IP), Major Industry (MI), and Limited Industrial Services (LI) District Regulations) from setback requirements to decrease the minimum Rear Yard Setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback and 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope. 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback and 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height. Postponed (5) 1. 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height 2. 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 4. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope 5. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope Denied (1) 1. 25-2, Subchapter F (Residential Design and Compatibility Standards) of the Land Development Code in connection with disapproval of a permit application for construction of a single-family home at the above- referenced address. The primary basis of the appeal is calculation of gross floor area for a “habitable attic” under the Land Development Code, in particular, requirements in Section 3.3 of Subchapter F. The appellant contends that staff incorrectly applies provisions related to the calculation of ceiling height for exempt space as applied to a two-story residence- INTERPRETATION Withdrawn (0) Discussion Items (5) May 2022. Interpretations 1 new inquiries The deposition of the case items: 38 A. Granted 59 B. Postponed 7 C. Withdrawn 7 D. Denied E. Discussion Items 50 (Added May 9, 2022 #’s) April 11, 2022 Granted (7) 1. 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of a blade sign 2. North University NCCD Ord. #040826-058, PART 7(Residential District) from: a) lot width requirements to decrease the minimum lot width and setback requirements to decrease the minimum interior side yard setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback 4. …

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Board of AdjustmentJune 13, 2022

H-2 BOA BAAP UPDATE original pdf

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TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council January 14, 2022 Denise Lucas, Director, Development Services Department 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 AdjustmentJune 13, 2022

H-3 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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Board of AdjustmentJune 13, 2022

C-1 C16-2022-0004 PRESENTATION original pdf

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4507 NORTH INTERSTATE 35 Sign Proposal for Apple Tree Holdings ------------------ Alex Ybarra Director, Apple Tree Holdings LLC 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/1-PRESENTATION INTRODUCTION The property at 4507 North Interstate 35 is uniquely situated at the I-35 split and is surrounded by several trees. 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/2-PRESENTATION LAND DEVELOPMENT CODE Relevant Code: §25-10-123 (Expressway Corridor Sign Districts) (B)(2)(b)(i) and §25-10-123 (B)(3)(a) which regulate the sign area and sign height, respectively. 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/3-PRESENTATION VARIANCE FINDINGS First: The existing sign is blocked from view by large trees, many of which are over 35 feet high. These trees are either on neighboring properties or city property; therefore, petitioner has no control over those trees. We would also like to preserve trees on the 4507 property to the fullest extent possible. The proximity to the I-35 split also causes visibility issues. 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/4-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/5-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/6-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/7-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/8-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/9-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/10-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/11-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/12-PRESENTATION VARIANCE FINDINGS Second: The granting of these variances will not have a substantially adverse impact upon neighboring properties as our assessment is that continued development of 4507 provides a benefit to the neighborhood through crime reduction, continued investment, and improvement of a previously abandoned property. 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/13-PRESENTATION LETTER IN SUPPORT Our neighbor, Copernicus STEM Academy, signed a letter in support of the sign variance. Originally, the concept was for a 240 square foot sign, and this larger design was supported by our neighbor. 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/14-PRESENTATION SAMPLE FOOTER TEXT C-1/15-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD; Case Number: C16-2022-0004 C-1/16-PRESENTATION VARIANCE FINDINGS Third: The proposed remodel of the sign is consistent with the character of the expressway corridor sign district. Many professional offices, restaurants, and other …

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Board of AdjustmentJune 13, 2022

E-1 C15-2022-0002 PRESENTATION original pdf

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Click to edit Master title style 5413 Guadalupe C o n d o m i n i u m s 1 E-1/1-PRESENTATION Click to edit Master title style GOALS & OBJECTIVES 2 2 E-1/2-PRESENTATION Requesting for reduced side setback by 1-ft Click to edit Master title style • The property is zoned as MF4-CO-NP which allows condominiums • The adjacent property zoned as SF-3-NP • Required setback is 5-ft and requesting to reduce to 4-ft 3 3 E-1/3-PRESENTATION PROJECT LOCATION Click to edit Master title style 4 4 E-1/4-PRESENTATION PROJECT LOCATION Click to edit Master title style 5 5 E-1/5-PRESENTATION ZONING Click to edit Master title style 6 6 E-1/6-PRESENTATION CONCEPT PLAN Click to edit Master title style 7 7 E-1/7-PRESENTATION ELEVATION Click to edit Master title style 8 8 E-1/8-PRESENTATION SETBACKS SECTIONS Click to edit Master title style 9 9 E-1/9-PRESENTATION SETBACKS SECTIONS Click to edit Master title style 10 10 E-1/10-PRESENTATION Encourage redevelopment in appropriate locations Click to edit Master title style throughout the city. • The proposed development is in accordance with the city zoning requirements 11 11 E-1/11-PRESENTATION HIGHLIGHTS Click to edit Master title style • This will formulate a viable mix of housing types that will successfully diversify the housing market of Austin. • Screened from the neighboring properties • contribute to the long-term economic viability of the City by creating a medium density residential and Improve the tax base of the city and supports in creating healthy economic environment for the city and the existing businesses. 12 12 E-1/12-PRESENTATION Click to edit Master title style Thank You 13 E-1/13-PRESENTATION

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Board of AdjustmentJune 13, 2022

E-2 C15-2022-0044 PRESENTATION original pdf

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E-2/1-PRESENTATION E-2/2-PRESENTATION E-2/3-PRESENTATION N 7 6 ° 4 0 ' 5 4 " W 4 5 . 3 5 ' 1 5 ' A L L E Y 512' T1 DOWN 12:12 DOWN 12:12 BLDG 1 NEW PRIMARY RESIDENCE DOWN 12:12 DOWN 12:12 D O W N 1 2 : 1 2 1 2 : 1 2 D O W N D O W N 1 2 : 1 2 1 2 : 1 2 D O W N N20°21'18"E 125.40' 5 1 8 '- 7 " P P P P P P P P P WM P P P P P P P P P P P P P . T S H T 9 . E 7 0 9 1 ' . 5 3 5 4 ' E " 4 5 0 4 ° 6 7 S BLDG 2 EXISTING SECONDARY RESIDENCE 523'-4" BLDG 1 FFE GM EM 513' 514' 515' 516' 517' 518' 519' S20°21'18"W 125.40' 521' 522' 523' 5 2 3 '- 6 " PW3612@80 PW3612@80 PW3612@80 PW3612@80 PW3624@96 PW3624@96 PW3624@96 SH3660@80 [E] PW3648@96 Bedroom 1 CLNG HT 7'->12' 13 x 13 S H 3 6 6 0 @ 8 0 [ E ] {X02} Deck Uncovered P A 3 6 8 0 UP UP SD3280 S D ( 2 ) 2 4 8 0 S D 3 2 8 0 Closet 1 CLNG HT 8' Bath 2 CLNG HT 8' Linen S D 1 8 8 0 SD3280 SD3280 Hallway CLNG HT 8' Closet 3 CLNG HT 7' P D 2 4 8 0 Linen {A208} CLNG HT 8' SD2480 UP UP Bedroom 3 CLNG HT 7'->12 10 x 10 S D 3 2 8 0 UP UP SH3660@80 [E] P W 3 6 1 2 @ 8 0 P W 3 6 1 2 @ 8 0 M W L 7 2 7 2 @ 9 6 [ E ] Covered Porch CLNG HT 10' E N 3 6 9 6 P W 2 4 4 8 @ 9 6 P W 2 4 4 8 @ 9 6 PA3696 U P PW4848@96 Pantry CLNG HT 10' SD(2)1896 Great Room CLNG HT 10' 35 X 13 SD3696 SD3296 Half Bath {A101} CLNG HT 10' 1 2 3 4 5 6 7 8 9 1 0 11 1 5 1 4 3 1 12 G A 9 6 9 6 Garage CLNG HT 10' 20 …

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Board of AdjustmentJune 13, 2022

E-3 C15-2022-0047 PRESENTATION original pdf

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Presentation First, I want to thank you for giving me the opportunity to present my case to you today In October 2018, My wife and I purchased the property located at 4522 Caswell with the expectations that when I retired, we would move to Austin. I needed an office where I could continue to wrap up my practice. The obvious choice was to transform the garage into a space that would be comfortable, away from the house, with good internet. We hired Christian Gutierrez and his company to act as General Contractor for the project. Our proposed plans to renovate the existing garage into a secondary dwelling have been denied permit approval due to a hardship created by two conflicting code restrictions, those specific code sections are referenced in our variance request application. On one side we were told that we could not move the structure closer to the existing protected trees because doing so would affect them and thus would deny our permit request. Its worth mentioning that leaving the structure where it is would grant us Tree Ordinance approval as it has been stated by the city Arborist upon inspection. On the other side we were told that we are encroaching over the rear yard setback restrictions and would have to move the structure outside the setback restriction to comply so we can be granted our permit request. As you can see, these two code regulations conflict with each other. So we move one way, we are denied a permit from Tree Ordinance. If we move the other direction, we are denied approval from Zoning Department. We are not here to change the complexion of Hyde Park nor the character of our neighborhood. On the contrary, the proposed structure is designed in a way to preserve its architectural historic features an values consistent with our house and with the houses in the area. Our house is a beautiful old 1930s Craftsman Home and we would love to preserve that as much as possible. We are asking this Board for a variance to the regulations that have created a hardship due to the conflicting set of rules. We ask that we be issued a permit that allows us build 3 feet into the setoff restriction zone. Thank you for your time E-3/1-PRESENTATION

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Board of AdjustmentJune 13, 2022

F-1 C15-2022-0011 PRESENTATION original pdf

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Monday, June 6, 2022 To: Board of Adjustments City of Austin 301 W 2nd St, Austin, TX 78701 Reference: - Supplemental Letter - 2715 Long Bow Trail - Case # C15-2022-0011 I am writing to provide you with the additional information requested by the Board of Adjustments during our meeting on April 11, 2022. I have attached a copy of the supporting documents for the comments below and answer the questions and concerns you had during the hearing. Directly below, you will see our justifications for approval, and below that is the backup information concerning the property and the reasoning for our justifications. Justifications for approval: - The less is more version 1. Based on the slope analysis, the current site only allows for 1,097.55 sf of IC. We are requesting 2,000 sf of impervious coverage to meet the Apache Shores POA minimum living area requirements, a two-car garage for proper parking, and the required driveway using ribbon designs. a. This lot needs more IC than the adjacent one to protect the large tree in the center of the lot. b. As an item of reference, this lot will only have 22% of the total site area, which is half of the standard IC allowed under typical zoning regulations. 2. The new design that the developer created reduced the originally requested IC by 40% by utilizing a single-car ribbon drive and reducing the house size and footprint. 3. Based on the engineering report and design provided by 3PX engineers, they created a drainage plan that will prevent any additional/adverse runoff created by the proposed development. This plan was created by using Vegetative Strips that are allowed under the ECM Section 1 - 1.6.7 (B) 4. Without this variance, we will not be able to develop any structure on this property that will meet the COA development regulations and the Apache Shores POA development requirements on the deed restrictions. Backup Information Zoning Regulations: The primary basis of our request is that the property has been zoned for both LA (Lake Austin) zoning and the Lake Austin overlay. As shown below, both regulations require a min. of 1-acre lot size per the City of Austin development regulations. The application of the LA regulations on this lot makes it non-developable for reasonable use. The LA regulations are also shown as the strictest zoning regulations specified in 25-2-33 (b). 1. Per 25-2-492 site development …

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