Case Nu皿ber: C15-2021-0080 Contact: Elaine Ramirez; elaine.ramirez@austintexas.qov Public Hearing: Board of Adゴust劃ent; August 9th′ 2021 ( 〉 工 a血in favo重 (Ⅹ)工 Object Da七e Corments: エmpervious coverage is very important! エt effects the |andscape effectively absorbing rainfall, Which is extreme|y important in the Åustin area! Knowing or unknowingly preventing this from happening has strict guidelines which al| of us MUS甲 f01low, NO甲 by choice! Having appea|ed my property taxes several times,工,ve discovered building and additions to properties without a Permit are more cormon than some would believe.冒hose of us tha亡 begin 亡he process by obtaining a City Bui|ding Permit Pay a fee for the permit. Thus we pay more from the start! From that calendar year our property taxes wi|| remain higher, While those without a permit by-PaSS this expense and deprive the 冒ravis Central Appraisal District of additiona| revenue.工gnorance of the law is NO EXCUSE! The individual(S) this situation applies to is NOT alone. However, that does NO甲 make this process legal and COrreCt. Showing up for an Åppeal with this (non-Permit) information ‘‘stalls the hearing.′′ 工,ve wri亡ten at least two |etters to the head of TCAD with my findings and concerns. 工n addition, 工,ve made suggestions to correct. To date, エーve received not reply. 甲hanks for reading this far. Page One of One D-3/1-LATE BACKUP D-3/2-LATE BACKUP O = - J ) ) a J=5tt , \ c UJD ZZ Z aOo . !t _ ) J a c d oq( - ) o - )o== " o( aZc - . . _ . E o ao$ -o - = - c , ' ' 5 0 : ( J E x p q A ! - : 2> c - - . = = , , - a ) YE N ^ > ,) . - : i X ) > ; > _ o ' - , e > r = , ( J . : . n > ! : - q a J ( J o U F I . ^ U o + L . " = 3 " j a , h E E y O a 0 c r i ' ? = E u : s . ' = 9 Y 5 X > U , s . 6 , ? O r : ! - - a . - q l ^ - : a a = - a t …
From: To: Subject: Date: Ramirez, Elaine RE: C15-2021-0081 Saturday, August 07, 2021 7:06:33 PM *** External Email - Exercise Caution *** August 7, 2021 RE: C15-2021-0081 Dear Board of Adjustment Commissioners, I live in the neighborhood and have property within 500 feet of the proposed addition at 1308 West 9½ Street, Austin, TX, 78703. I am not in support of the request by Maryelaine Sotos and Bill Schurtz to increase the FAR for this property and the maximum square footage from 3,146 to 3,646. I strongly oppose this request, for these reasons: • I see absolutely no hardship in this case. According to the city of Austin building permits, the single-family homes’ total new/addition building square footage is 3,618 sf and the ADU is 312 sf. The lot is 7,877 sf. • This home is fairly new having been built in 2017. It seems that the original owners built close to the maximum FAR. The current owners purchased the house two years ago. The time to research if the FAR would allow for expansion is before buying the property. • The point of FAR is to limit the size of the dwelling in relation to lot size. This lot is bigger than most in our neighborhood. • I believe the proposal would set a bad precedent, by dramatically expanding the existing, generous FAR for this SF3 zoning. • Granting this variance would open the door for other property owners who could use this action as precedent to build additional dense projects throughout this congested neighborhood by simply saying they need another bedroom. This precedent would then have an impact on the whole neighborhood. This could also lead to projects that need to have more impervious cover. The neighborhood and West Austin Park already have significant flooding issues. • One cannot compare the multi-family (MF-4 zoned) properties in the neighborhood to single-family residences. Obviously, any MF-4 structure houses a large number of people and families, so must, by definition, have a higher FAR. Respectfully, D-4/1-LATE BACKUP Mike Banghart 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-4/2-LATE BACKUP D-4/3-LATE BACKUP D-4/4-LATE BACKUP From: Bill Schurtz b Subject: Fwd: Your remodeling project Date: July 21, 2021 at 6:21 PM To: …
From: To: Cc: Subject: Date: Attachments: RUBEN VALDES Ramirez, Elaine Ramirez, Diana Re: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Friday, July 30, 2021 3:01:54 PM image003.png image004.png *** External Email - Exercise Caution *** I wanted to request if I can postpone my hearing to the following month. I have been struggling with Covid and still not doing to well. Hello Elaine, Thank you Ruben D. Valdes, EA, USTCP Enrolled Agent Admitted to represent Taxpayers before the IRS United States Tax Court Practitioner Member of the Bar, United States Tax Court Tax Professionals of Austin LLC 212 W Stassney Lane Austin, TX 78745 t: 512-676-0736 e: From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Friday, July 30, 2021 6:54 AM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Good morning Applicants on the Mon. August 9th, 2021 BOA mtg. Agenda, If you are receiving this message it is because I have not received your Presentation for the August 9, 2021 BOA mtg. The deadline is Mon. 8/2 before 3p.m. Regardless if you went before the Board last month or previous months, I will still need to receive a Presentation for your case, if you will be presenting one to the Board each month. E-2/1-LATE BACKUP Please read this entire e-mail The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is Monday, August 2nd, before 3p.m. Presentation: If you would like the Board to follow along with you as you are giving your presentation (slides of what you want the Board to follow along with as you are giving your 5 minute speech on the case), you will need to have your Presentation completed and sent to me in PDF 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 . The Deadline for this is Monday, August 2nd, before 3p.m. No late Presentations or updated Presentations will be accepted after 3p.m. on Mon. August 2nd. The Presentation will need to be labeled with the following information: case #, address of project and name of Applicant speaking at the meeting. August 9th BOA Deadlines Please make sure that when submitting the Advanced Packet and the Presentation that each is labeled as such The deadline to submit information for the Advanced Packet (must be submitted in …
Ramirez, Elaine From: Sent: To: Subject: Attachments: Importance: High Friday, July 09, 2021 5:40 PM Ramirez, Elaine; Ramirez, Diana C15-2021-0056 3006 Glenview Avenue Agenda Item D-2 3006 Glenview 7-12-21 BOA case.pdf *** External Email - Exercise Caution *** Good afternoon Elaine and Diana, Please be sure that the Board of Adjustment members get the following position statement and attachment before the Monday, July 12, 2021 hearing. By the way, the Bryker Woods Neighborhood Association did not receive notification of this variance hearing from the City, rather we received it second hand from another neighborhood association. Thank you, Joyce Basciano Bryker Woods Neighborhood Association Dear Chair Cohen and Members of the Board of Adjustment, Re: C15‐2021‐0056 3006 Glenview Avenue Agenda Item D‐2 The Bryker Woods Neighborhood Association (BWNA) Board of Directors considered this variance request. In the case of through lots we are guided by the precedent set by the Board of Adjustment on Monday, September 8, 2014 in Case Number C15‐2014‐0115 (see attachment). That case involved another through lot on Glenview Avenue that backed up to Jefferson St. (3200 Glenview, cited in the backup for 3006 Glenview). The 2014 BOA Decision granted a variance decreasing the 25 ft setback to 10 ft from the property line, not 5 ft. A 10 ft rear lot setback is still reasonable for through lots on Glenview Avenue and is in keeping with the historic character of Jefferson St. Accordingly, we support a decrease of the 25 ft setback to 10 ft but oppose a decrease of the setback to 5 ft. Thank you for your service to the community, Joyce Basciano, for the Bryker Woods Neighborhood Association 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. 1 E-3 /1-LATE BACKUP E-3 /2-LATE BACKUP E-3 /3-LATE BACKUP From: To: Subject: Date: Kathryn Timmerman Ramirez, Elaine C15-2021-0056 Thursday, July 29, 2021 3:31:40 PM *** External Email - Exercise Caution *** C15-2021-0056 Elaine, I live at 2908 Glenview Avenue, Austin, Texas 78703 and I writing you in support of the variance from the Land Development Code requested by Andrea Hamilton. Thank you, Kathryn Timmerman 512-825-8375 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links …
Lorraine L. Atherton __________________________________________________________________ 2009 Arpdale Austin, TX 78704 July 29, 2021 Board of Adjustment City of Austin Re: Variance request C15-2021-0067, 2003 Arpdale Dear Chair and Board Members, As a nearby homeowner and resident on Arpdale since 1983, I am an interested party in the case at 2003 Arpdale, E-5 on your August 9 agenda. This property has a long history of work without permits, beginning with remodeling of the house and expansion of the detached garage in the mid-1980s, and of code complaints. Because the work took place after the current code took effect, it does not qualify for administrative variances. The situation has been complicated by a lack of reliable surveys and confusion over the actual dimensions of the lot, and by the tendency of owners to resolve their code violations by applying for permits that are then allowed to expire without inspections. It came to a head several years ago when the current owner began advertising online and tried to rent out the property as three separate units, including short-term rentals. When the plumbing failed, requiring replacement of the sewer line, City inspectors stepped in. I was aware of an administrative hearing on some of the code violations (case number CL-2020-024957, scheduled for March 18, 2020) but have been unable to find the result of the hearing. The zoning committee of the Zilker Neighborhood Association does not support the use of Board of Adjustment variances to resolve code and work-without-permit issues like this, especially if it results in additional entitlements on the property. It is, however, in the best interests of the neighborhood to maintain the single-family residence and to have the property brought up to code for the health and safety of future residents. To that end, I worked with Susan Barr of Residential Plan Review to find the resolution described in the following email from May 2019: From: latherton Sent: Thursday, May 16, 2019 2:05 PM To: 'Barr, Susan' Subject: RE: 2003 Arpdale Appeal of BP #17-074166 Hello, Ms. Barr. 25-2-943. In response to your assessment that “the property owner needs to go to the BOA for a variance to the following: 1. minimum lot size since the property does not meet the requirements of LDC section 2. Building coverage and impervious cover if he is unwilling to reduce the square footages in order to come into compliance,” I and the Zoning Committee …
T R E E P R O T E C T I O N N O T E S 1. 2. 3. 4. 5. 6. 7. 8. Trees depicted on this sheet have been located, sized, and given species identifications per survey provided to Architect by Owner. Regardless of species—and regardless of whether they have been depicted on this sheet or not—all trees 19" in trunk diameter and greater at a height of 4'-6" above adjacent grade are protected by municipal ordinance. No protected tree shall be removed without a permit. No impacts of any kind are permitted in the 1/4 CRZ of any protected tree. Tree protection measures per the details on sheet G006 are required for all protected trees (on subject property and adjacent properties) whose CRZs fall within the subject property, even if said CRZs will not be directly impacted by construction. Extents of tree protection fencing are shown on this sheet. Tree protection fencing shall be installed prior to the commencement of construction. 2x4 or greater size planks @ 6' minimum length shall be strapped securely around protected trees' trunks and root flares when protective fencing does not incorporate entire 1/2 CRZ. All pruning shall be conducted under the strict oversight of a licensed professional arborist. PRUNING FOR SUBJECT TREES SHALL NOT EXCEED 25% OF TREE CANOPY. Trenching for all utilities in CRZs (indicated by notes 13, 14, 15, and 16) shall be minimized to the least extent feasible and shall occur by means of air-spading by a licensed professional arborist. Care shall be taken during construction that activities requiring vertical movement (eg, drilling rigs) shall not disturb existing tree canopies. The placement and storage of materials and/or heavy equipment on CRZs is strictly prohibited without exception. Applicable to all projects where CRZs of ANY protected trees (on s u b j e c t p r o p e r t y a n d / o r o n adjacent properties) fall within boundaries of subject property R E G A R D L E S S O F P R O J E C T S C A L E , S C O P E , O R T Y P E 4 61'-0 " 4 5 8'-9" N20°25'39"E 138.23' 4 5 9'-0 " 5' SIDE SETBACK 4 5 9'-10 " 0'-0" 6 4 K C A B T E S R …
INTERACTIONS WITH ADJACENT PROPERTY OWNERS REGARDING BOA CASE 2021-000064 BA √ = able to make contact DATE ON WHICH APPLICANT SPOKE TO OWNER 2021/07/17 2021/07/24 2021/07/28 2021/08/06 2021/08/08 2021/08/09 Feedback √ √ 1301 W 42nd St Owner-occupied 1303 W 42nd St Owner-occupied 1307 W 42nd St Tenant-occupied 4111 Burnet Rd Under renovation 4107 Burnet Rd Owner-occupied 4105 Burnet Rd Tenant-occupied 4103 Burnet Rd Owner-occupied 4101 Burnet Rd Owner-occupied 4108 Lewis Lane Tenant-occupied 4106 Lewis Lane Tenant-occupied 4102 Lewis Lane Tenant-occupied 4100 Lewis Lane Tenant-occupied √ Not opposed, since variance is for a single-family residence Opposed; visited with owner to listen to her concerns and show her our plans; concerns somewhat allayed Unable to make contact Unable to make contact Did not wish to speak Unable to make contact Unable to make contact Unable to make contact Unable to make contact Unable to make contact Unable to make contact Unable to make contact
Tracy Claros 1313 West 9th ½ Street Austin, TX, 78703 08/09/2021 Case Number – C15-2021-0081 1308 West 9 ½ Street. Board of Adjustment Hearing 08/09/2021 – To whom it may concern, I would like to register an objection to the property – 1308 West 9 ½ Street being granted a variance to increase the Floor Area Ratio and build an addition to this property. My property is directly across the street from the house in question and I have concerns about an addition to this property which is proposed to be built onto the flat roof. Our street is a very small dead end street with houses of traditional Clarksville size and style. This property is already out of character, all be it an attractive property currently. This street and area has been blighted by several out of proportion sized properties that are not within city guidelines and are detrimental to the area and to the current residents. The house has used the maximum allowable area per city guidelines and at this time is in proportion and scale to the lot. Any increase would negate this and cause it to be outside permitted scale and mass and out of scale to the surrounding properties. I understand that a “hardship” needs to exist to get a variance from the city code. I am not aware of an existing hardship. The property has adequate area and it is unfortunate the area was used for air conditioned garage and pool guest house. I would appreciate if we could stay within the city guidelines and deny the variance for this property. Sincerely Tracy Claros 1313 West 9th ½ Street Tel: 512 484 9787
512 970-0884 Architect Jeff Jack 2008 B Rabb Glen St. Austin, Texas, 78704 Board of Adjustment August 9, 2021 Case No. C15-2021-0067 Agenda item E-5 Address: 2003 Arpdale Street, Austin Texas 78704 Applicant: Scott Jacobs, Owner Board Members I am writing to register my Non-opposition to this variance requests in support of the Zilker Neighborhood Association position that is dependent on the granting of this variance to the minimum lot size ONLY and without any additional increase in entitlements for this property. But I feel that a bit of history of this situation is in order. As I recall the owner of this property submitted a variance request about 5 years ago to allow for encroachments of an accessory building into the side and rear setbacks. These variances were objected to by ZNA as it was apparent that if granted, they would be the initial steps to allowing an ADU on this sub-standard lot. However, this request was denied by the B of A. Fast forward to 2021 where the owner now has sought to do “repair” work on the property and has run into “work without a permit” issues and now seeks a variance to the minimum lot size and initially other variances that would have opened the door to being able to accomplish the construction of an ADU which was denied to him years ago under the cover of needing this variance due to the issue of the “work without a permit” problem! So it is understandable why the ZNA position of Non- opposition to a lot variance is reasonable if the variance is ONLY for the purpose of dealing with the “work without a permit” issue. But as a member of the Board of Adjustment for 6 years, I do not recall such variances coming before us to allow for repair work that was stopped due to an issue with a “work without a permit” problem that then led to staff requesting the owner to get a variance for other code issues? So, in all those years I believe that there was never a stop work issued for “repair” work that then the construction permit was tied to variances that could have granted increase entitlements unrelated to the repairs being done. Therefore, I have an additional question about this situation that I think the Board needs to consider. Is this due to a change in staff procedures …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: August 9, 2021 CASE NUMBER: C16-2021-0008 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett (no show) _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. August 9, 2021 POSTPONED TO September 13, 2021 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: 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: because: OR, OR, AND, ______________________________ Elaine Ramirez Executive Liaison _______________________for__ Jessica Cohen Chairman
CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: August 9, 2021 CASE NUMBER: C16-2021-0003 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett (no show) _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non- electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building. (G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Veronica Rivera motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO APRIL 12, 2021. (RENOTICE) VARIANCE REQUESTED: RENOTICE The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: a) b) c) (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0078 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out-no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: William Hodge OWNER: Martha-Cary Sadler ADDRESS: 1305 42ND ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) to decrease the minimum lot width from 50 feet (required) to 48 feet (requested) in order to erect a Single Family Residence in a SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting Aug 9 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant; Board Member Rahm McDaniel seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot is same configuration since 1965, it will have a house on it, 2 feet short current width requirement. 2. (a) The hardship for which the variance is requested is unique to the property in that: while it has house on it since 1941, configuration 1965, platting exemption under the 95 rule. (b) The hardship is not general to the area in which the property is located because: house is existence and house in this configuration since 1965. 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: property once contained a single family home, no other variance requested on this property and will comply with current codes. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0079 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Charles Dunigan OWNER: Paul Le ADDRESS: 6506 HERGOTZ LN 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 Front Yard Setback from 25 feet (required) to 10 feet (requested) in order to erect a Single-Family residence in a “SF-3”, Single-Family- Neighborhood Plan zoning district. BOARD’S DECISION: BOA AUG 9 MEETING The public hearing was closed by Chair Jessica Cohen, Board Member Rahm McDaniel motions to Grant; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the river front topography of the property creates an undue burden for development with the zoned front yard setback of 25ft and all the other homes on this side of the street were built less than 25’ from the front setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: property is located on the river front of the Colorado River, topography of the lot is not conducive to development of any kind without reduction of the front yard setback restriction, which is how all of the lots on this side of the street have developed. (b) The hardship is not general to the area in which the property is located because: the topography of the properties along the river front in the general area varies per 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 property is located because: the adjacent properties are undeveloped, nearby properties along the river on the street have development within the 25ft setback, reduction of the front yard setback ordinance for this property will neither create non-conformity with nearby development, not infringe upon future COA ROW infrastructure work. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair for
