AGENDA BOARD OF ADJUSTMENT May 9, 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, May 8, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Rahm McDaniel ___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 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 April 11, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. D. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS NEW PUBLIC HEARINGS C-1 C16-2022-0003 Shana Gardner for Joshua Needham 1401 E. 6th Street On-Line Link: Item C-1 PART1, PART2; PART3 PRESENTATION PART1, PART2, PART3 The applicant is requesting a sign variance(s) from the Land Development Code, Section 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 in order to provide signage for mixed use development in a “TOD-NP”, Transit …
May 2, 2022 Shana Gardner 407 Radam Ln, Ste A-100 Austin TX, 78745 Property Description: Re: C16-2022-0003 Dear Shana, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-10-133 at 1401 E 6th 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
C-1/1-LATE BACKUP From: To: Subject: Date: Kathleen Baireuther Ramirez, Elaine Sign Review Board May 9th 2022 - Case #C16-2022-0003 Wednesday, May 04, 2022 11:25:44 AM *** External Email - Exercise Caution *** Hi Elaine, I am a neighbor of this case and reached out to Shana for clarification about the site plan for the signs. She was very helpful and upon reviewing the proposed signage, I am in favor of the proposed variance, assuming the placement of the signs in practice is consistent with these renderings. I am not available during the meeting time on May 9th because I am traveling for work, but wanted to submit my comments in advance of the meeting. Thank you, Kathleen Baireuther 1601 E 5th St, Unit 201 Austin, TX 78702 -- Kathleen Baireuther mobile: 512.527.4864 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-1/2-LATE BACKUP
May 2, 2022 Felicia Foster P.O. Box 1170 Port Aransas, TX 78373 Re: C15-2022-0042 Property Description: LOT 14 BLK 1 BARTON HOLLOW Dear Felicia, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider an appeal challenging staff interpretation of LDC Chapter 25-2, Subchapter F. 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
May 6, 2022 Code interpretation appeal C15-2022-0042, item E-1 on BoA agenda for May 9, 2022 Attic exemption for 2212 Trailside Zilker Neighborhood Association Zoning Committee support of building official’s decision To: Susan Barr, Manager, Residential Plan Review, City of Austin Development Services Dept., and Chair and Board Members, City of Austin Board of Adjustment, Liaison Elaine Ramirez The issue in this case seems to be the use of an attic exemption for “a living area accessible from the second floor,” as the applicant noted in citing a previous code interpretation case. The ZNA zoning committee agrees with the Development Services Department assessment that the area in question “is all within the second-floor area of the home below the roof area.” We take that to mean that the area in question does not qualify as first-floor or second-floor attic space, and the only part of it that does not count toward FAR is the nonhabitable area less than 5 feet high. Judging from the elevations submitted by the applicant (E-1/20-22), the bedroom/office space occupies an extension of the second floor, not the attic above the first floor. The house as proposed consists of one- story wings (each with its own gable-roof attic) on the front and back of the main two-story structure. The right side of the two-story structure has a separate roof that slopes down to meet the exterior wall of the ground floor. The area above the first floor is not contained within the attic gables of the one-story wings, and it is not contained within the attic above the second floor. It is part of the second floor. We are puzzled, however, by the closing sentence of the DSD interpretation: “this space would normally be used as an attic.” It appears to us that the space would NOT normally be used as an attic but rather would be designed as living space with a balcony or bay windows to provide light for the second floor. It should be noted that the lot size for this site is 7497 sf, and the .4 FAR limit allows 2999 sf of floor area. If the proposed “attic” exemption is added to the data in the application, the site would have a total building area of 5139 sf, the equivalent of .685 FAR. This will be a very large house. We respectfully request that the Board uphold the decision of the …
2212 Trailside Drive May 9, 2022 - Board of Adjustments meeting 1 E-1/1-LATE BACKUP/PRESENTATION Subchapter F Intent • • Subchapter F is intended to minimize the impact of new construction, remodeling, and additions to existing buildings on surrounding properties in residential neighborhoods by defining an acceptable buildable area for each lot within which new development may occur. The standards are designed to protect the character of Austin's older neighborhoods by ensuring that new construction and additions are compatible in scale and bulk with existing neighborhoods. 2 E-1/2-LATE BACKUP/PRESENTATION Subchapter F Requirements Prior to 2006, a house was only limited by: • 35’ height • 40% building coverage • 45% impervious cover • • Subchapter F introduced a 40% floor-to-area ratio (FAR) or 2,300 square feet of gross floor area (GFA) and reduced the height to 32’. For Subchapter F, GFA is all enclosed space, regardless of its dimensions, that is not exempted under subsections 3.3.2, 3.3.3, or 3.3.4. 3 E-1/3-LATE BACKUP/PRESENTATION Subchapter F Exemptions 3.3.3 – Porch exemption 3.3.2 - Parking area exemptions 3.3.3 – Basement area exemption 4 E-1/4-LATE BACKUP/PRESENTATION Subchapter F Exemptions (cont.) 3.3.3 – Habitable Attic exemption All of the following criteria must be met: fully contained within the roof structure. 1. The roof is not flat or mansard roof; slope of 3:12 or >. 2. 3. has only one floor. 4. does not extend beyond the footprint of the floors below. 5. highest habitable portion of the building, or a section of the building, and adds no add’l mass to the structure. 6. 50% or > has a ceiling height of 7’ or < * * See BOA code interpretation C15-2011-0110 5 E-1/5-LATE BACKUP/PRESENTATION Subchapter F Enclosed Area 3.3.4 – Enclosed area w/ height 5’ or < An enclosed area shall be excluded from the calculation of gross floor area if it is five feet or less in height. For purposes of this subsection: A. Area is measured on the outside surface of the exterior walls; and B. Height is measured from the finished floor elevation, up to either: 1. 2. the underside of the roof rafters; or the bottom of the top chord of the roof truss, but not to collar ties, ceiling joists, or any type of furred-down ceiling 6 E-1/6-LATE BACKUP/PRESENTATION Prior BOA Interpretation 7 E-1/7-LATE BACKUP/PRESENTATION Ceiling Height Ratio • C15-2011-0110 and BCM 4.4.5.2 (4) make it clear that the ceiling height …
May 9, 2022 Mike Mchone P.O. Box 8412 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. from LDC 25-2-757(E) at 2609 San Pedro Street. AE cannot approve the request until a site plan is submitted showing the proposed construction on this lot and the distances between any proposed permanent structures and the existing overhead electric distribution facilities along San Pedro Street. 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
May 2, 2022 Mr. Ned McDaniel 305 E St Elmo Rd #3 Austin TX, 78745 Re: C15-2022-0040 Property Description: 106.98 X 343.67FT AV BLK 5 BLOCKERS ADDN Dear Ned, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-601. 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
May 5, 2022 Lisa Gray 3530 Bee Caves Rd 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 508 E 38th Street. Austin Energy cannot release the rear yard setback at this time due to our existing facilities along the rear of this site. Any permanent structure on this lot is required to meet 10’ clearance from the outside conductor of the overhead electric distribution line along the rear lot line. To approve this variance request, AE will need proof (site plan or survey showing distances, etc.) that this clearance will be met. 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 cody.shook@austinenergy.com (512) 322-6881
From: Subject: Date: C15-2022-0043 Wednesday, May 04, 2022 3:12:54 PM *** External Email - Exercise Caution *** 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-3/1-LATE BACKUP Sista Irie Easement hearing for May 9 Wednesday, May 04, 2022 4:28:33 PM *** External Email - Exercise Caution *** From: To: Subject: Date: Hi Elaine, I was contacted by a close neighbor regarding a new owner on the block who is requesting an easement change from the City and has a hearing slated for May 9. The owner is Red Door LLC. There are three 'side by side' neighbors who live on this block and have some initial objections. I mistakenly threw out my objection form. We would like to ask for the hearing to be rescheduled so in order to request a meeting with Red Door LLC and ask for more information regarding the project. It is quite possible the meeting will allow us to stop the objections so it is important to everyone that we speak as a group. One of the neighbors who lives right behind them is reaching out to them later today to set up a time. Please let me know how to delay the hearing while we speak with the applicants and make sure we are all comfortable with any changes to the current City guidelines. Thank you, Beverly Shaw 512.619.1239 Beverly "Sista Irie" Shaw Media Professional, Photojournalist, Radio Broadcaster Community Radio Consultant Majesty Media, Island Stage Magazine, United Reggae 502 Texas Ave, Austin, Texas 78705 512.619.1239 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-3/2-LATE BACKUP F-3/3-LATE BACKUP From: To: Subject: Date: Abbey Ames Ramirez, Elaine Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Thursday, May 05, 2022 1:46:14 PM *** External Email - Exercise Caution *** Hi Elaine, I am emailing about the following permit/case: Permit/Case: 2022-000032 BA Reference File Name: C15-2022-0043 Address: 509 E 38th Street I would like to request a delayed hearing. I have tried to contact the applicant with questions I …
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. G-1/1-LATE BACKUP 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 COA …
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 p 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. G-2/1-LATE BACKUP 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 …
May 2, 2022 David Cancialosi 300 E Highland Mall Blvd Austin, TX 78752 Re: C15-2022-0032 Property Description: LOT 15 BLK A RIVERCREST ADDN SEC 1 Dear David, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variances from LDC 25-2-492(D) and 25-2-963-E-1-B at 2904 Rivercrest Dr. 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
From: To: Subject: Date: Richard Wambold Ramirez, Elaine Fwd: Case # C15-2022-0032 Friday, April 29, 2022 2:48:24 PM *** External Email - Exercise Caution *** Sorry for not getting this to you earlier. I had sent a message asking for a brief call and then accidentally misspelled your last name when I did send it. If you have any questions do no hesitate to email me. Thank you , Richard L Wambold. Begin forwarded message: From: Richard Wambold Date: April 28, 2022 at 1:36:59 PM CDT To: elaine.ramiez@austintexas.gov Subject: Case # C15-2022-0032 Owner: Cody Stavig Address : 2904 Rivercrest Drive Lot 15 Blk A Rivercrest Addition Sec 1 My name is Richard Wambold and I live next door at 2906 Rivercrest Drive. My wife and have owned the property since 2008. According to this document the property is owned by Mr Stavig. I believe he lives in Portland Oregon and we have not had the opportunity to meet him or discuss any of the issues raised in this notice. We and other neighbors who have spoken out in similar situations just want to protect the character of our neighborhood and the value of our investments. Because of this I am against granting the variances requested. The reasoning is simple and not meant as a criticism to our new neighbor or his architectural plan. We have all had to build within the same constraints as he faces and have found a way to do so. His lot is average size and doesn’t have a unique impairment that I’m aware of. I suspect he wants to add additional space in his home, most of us do. Rivercrest Drive is a beautiful narrow lane which would take on the feel of an alley if we all built out so close to it. As a next door neighbor it would block much our view of the street and block the street view of our home, potentially negatively impacting the value of our home. In closing I would like to add that I am aware of several similar requests that have either been denied or withdrawn by the applicants. Many years ago our own request, while substantially different, was denied. At the time a neighbor shared with me that the neighborhood was not responding to me or my particular H-2/1-LATE BACKUP problem. Rather it was protecting the charm that brought me there and that …
Chair Cohen Board of Adjustment Members From: Brent D. Lloyd Development Officer, DSD To: Eric Thomas Residential Zoning Plans Examiner Supervisor, DSD Date: May 9, 2022 Subject: Appeal of Staff Interpretation of “Habitable Attic” Exemption from Subchapter F’s Gross Floor Area Limitations ________________________________________________________________________ The matter before the Board of Adjustment (“BOA”) is an administrative appeal challenging staff’s disapproval of residential building plans submitted for development proposed at 2212 Trailside Drive. The issue of code interpretation before the Board is whether Development Service Department’s (“DSD”) correctly applied the “habitable attic” exemption from the gross floor area requirements of Chapter 25-2, Subchapter F (Residential Design & Compatibility Standards) of the Land Development Code (“LDC”). Procedural Requirements for Appeal The Appellants represent the applicant for the building permit at issue in this case, and they timely filed their appeal on April 7, 2022. Therefore, staff believes the appeal is properly before the BOA for consideration. In acting on the appeal, the BOA may uphold, modify, or reverse DSD’s decision rejecting the proposed building plans, as provided in City Code Sec. 25-1-192, based on whether they comply with applicable zoning regulations. The burden is on Appellant to show that staff’s disapproval of the proposed plans was based on an incorrect interpretation of the applicable code requirements. Following resolution of the appeal, DSD will abide by the BOA’s interpretation of the applicable regulations both for the application at issue in this case and future applications involving Subchapter F’s gross floor area requirements. Summary of Issues & Subchapter F Provisions The primary issue before the Board can be summarized as follows: In disapproving the proposed building plans, did staff correctly conclude that the proposed attic space is not exempt from calculation of gross floor area under Subchapter F’s exemption for habitable attic space based on measurement of ceiling height? Review History The initial application and plans were accepted by Residential Intake on November 16, 2021. The first master comment report was sent by the coordinating reviewer on December 8, 2021, with rejection comments from the zoning reviewer and technical building code reviewer. City of Austin | Staff Report re: BOA Appeal (2212 Trailside Dr.) 05/09/2022 | Page 1 of 4 The first formal update was received on December 20, 2021. The second master comment report was sent by the coordinating reviewer on January 10, 2022, with rejection comments from the zoning reviewer. The zoning reviewer met …
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.
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.
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0003 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Shana Gardner OWNER: Joshua Needham ADDRESS: 1401 E 6TH 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) (H) to allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade in order to provide signage for mixed use development in a “TOD- NP”, Transit Oriented District–Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (H) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA MEETING MAY 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve; Board member Melissa Hawthorne seconds on a 10-0, vote; GRANTED. 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: N/A OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: This property is not unique in the types of signage requested, the proposed signage is comparable to the existing signage on other mixed use developments in the surrounding area therefore it will not have an adverse impact on the neighboring properties. OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: most businesses in the area have illuminated signage, the type of lighting used for the building signage is understated in nature and matches the existing aesthetic of the sign district. 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: Granting this variance would simply allow this property the same level of privilege enjoyed by the surrounding areas and similar mixed use properties. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for
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 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 E-1 CASE NUMBER: C15-2022-0042 DATE: May 9, 2022 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Felicia Foster OWNER: Valentin Bohorov ADDRESS: 2212 TRAILSIDE DR VARIANCE REQUESTED: The appellant has filed an appeal challenging staff’s interpretation of Chapter 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 in an “SF-3”, Single-Family zoning district. Note: Subchapter F: Residential Design and Compatibility Standards, Article 3 Definitions and Measurement, 3.3 Gross Floor Area, 3.3.3 Porches, basements, and attics that meet the following requirements shall be excluded from the calculation of gross floor area: (C) A habitable portion of an attic if: 1. 2. 3. 4. The roof above it is not a flat or mansard roof and has a slope of 3 to 12 or greater; It is fully contained within the roof structure; It has only one floor; It does not extend beyond the footprint of the floors below: Fifty percent or more of the area has a ceiling height of seven feet or less. It is the highest habitable portion of the building, or a section of the building, and adds 5. no additional mass to the structure; and 6. BOARD’S DECISION: BOA MEETING MAY 9, 2022. The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny the appeal request and uphold City staff’s interpretation; Board Member Melissa Hawthorne seconds on a 10-0 vote; APPEAL DENIED AND UPHOLD CITY STAFF’S INTERPRETATION. FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the …
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) 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 F-2 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0040 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___A____Barbara Mcarthur ABSTAINED ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Ned McDaniel ADDRESS: 305 E ST ELMO RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 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 from 25 feet (required) to 18 feet (requested), in order to complete an Urban agricultural growing facility in a “LI-NP”, Limited Industrial Services- Neighborhood Plan (East Congress Neighborhood Plan). Note: Per LDC 25-2-601 Industrial Park (IP), Major Industry (MI), and Limited Industrial Service (LI) District Regulations (A) This section applies in an industrial park (IP), major industry (MI), or limited industrial services (LI) district. (2) 25 feet, if adjacent to property zoned as or used for a use permitted in an MF-1, MF-2, MF-3, MF-4, MF-5, MF-6, or MH district BOARD’S DECISION: May 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to approve; Board Member Melissa Hawthorne seconds on a 9-0-1 vote (Board member Barbara Mcarthur abstained); GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: LI zoning does allow for reasonable use, the city’s changes to the zoning of the adjacent property has negatively impacted the original zoning use. 2. (a) The hardship for which the variance is requested is unique to the property in that: the city changed the zoning to the adjacent property which negatively impacted original zoning use of no rear setback requirement, there is an implied rear setback restriction of 25ft based on recent change of zoning and city’s storm drain retention wall encroaches on rear property which reduces the land use. (b) The hardship is not general to the area in which the property is located because: my understanding of LI zoning of the property had no rear setback requirements, and that zoning of no rear setback be grandfathered. 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 …
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: 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 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 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. 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 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 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 increase the maximum impervious cover on a slope with a gradient of more than 25 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: MAY …
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 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. 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 increase the maximum impervious cover on a slope gradient greater than 35 percent 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 more than 25 increase the maximum impervious cover on a slope with a gradient of 15 percent 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet H-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0021 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Bhavani Singal OWNER: Heidi Lew ADDRESS: 3701 ROBBINS RD 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 1. minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 2. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope with a gradient of 15 percent or (a) less from 35 percent (allowed) to 48 percent (requested), (58% existing) increase the maximum impervious cover on a slope with a gradient of more than 25 (c) percent and not more than 35 percent from 5 percent (allowed) to 14 percent (requested), (4% existing) in order to erect a new two story Single-Family residence in a “LA”, Lake Austin zoning district. 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. BOARD’S DECISION: March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to April 11, 2022; Board Member Brooke Bailey 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 Michael Von Ohlen motions to postpone to May 9, 2022; Chair Jessica Cohen seconds on a 10-0 vote (Board member Nicholl Wade no vote off the dais); POSTPONED TO MAY 9, 2022. (RE-NOTIFICATION); VARIANCE REQUESTED: RENOTICE -The applicant is requesting a variance(s) from the Land Development Code, Section(s): 1. 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 25-2-551 (Lake Austin District Regulations) (C) (3) (a) (b) (c) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 36 percent (requested), (45% existing) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more …
CITY OF AUSTIN Board of Adjustment Decision Sheet H-2 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0032 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: David Cancialosi OWNER: Cody Stavig ADDRESS: 2904 RIVERCREST DR 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 front yard setback from 40 feet (required) to 25 feet (requested) and b) 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height from 23 feet 8 inches (allowed) to 24 feet 1 inch (requested) in order to remodel an existing non-complying Single-Family residence in a “LA”, Lake Austin zoning district. Note: Land Development Code, Section 25-2-963 (E) A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if: (1) the increase is made to a portion of the building that: (b) complies with the yard setback requirements of this title. BOARD’S DECISION: BOA MEETING APRIL 11, 2022 POSTPONED TO MAY 9, 2022 DUE TO AE DENIAL; May 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve; Board Member Michael Von Ohlen 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 substandard in LA zoning, existing structure that has a 25ft SB and extensive remodel and original placement of the house and setback of adjacent houses is in alignment for the street. 2. (a) The hardship for which the variance is requested is unique to the property in that: is an older structure built prior to LA zoning being in lot a zoning existing structure within 40 feet setback with setback of 25 feet standard residential setback. (b) The hardship is not general to the area in which the property is located because: has several remodel permits on existing noncomplying structure. 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 …
AGENDA MEETING MINUTES May 9, 2022 The Board of Adjustment meeting convened on Monday, May 9, 2022. 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. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:35 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Melissa Hawthorne (Vice Chair), Agustina Rodriguez, Michael Von Ohlen Board Members in Attendance (virtually via teleconference): Thomas Ates, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) Marcel Gutierrez-Garza (Alternate), Carrie Waller (Alternate) Board Members Absent: Brooke Bailey, Richard Smith, Nicholl Wade and Rahm McDaniel City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) 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 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 April 11, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. D. Board Member Melissa Hawthorne motions to approve the minutes for April 11, 2022, Board member Michael Von Ohlen seconds on a 9-0-1 votes (Board member Barbara Mcarthur abstained); APPROVED MINUTES FOR APRIL 11, 2022. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant/neighborhood/staff for Items D- 1, G-1, G-2, F-3; AE Denial for Items F-1 and F-3 Board member Melissa Hawthorne motions to add Items F-1 and F-3 to the Postponement requests to June 13, 2022 due to AE denials, Board member Agustina Rodriguez seconds on a 10-0 vote, ADDED ITEMS F-1 AND F-3 TO JUNE 13, 2022 POSTPONEMENT REQUESTS. Board member Melissa Hawthorne motions to approve the postponement requests for Items D-1, G-1, G-2, F-1 and F-3 to June 13, 2022, Board member Michael Von Ohlen …
AUSTIN-TRAVIS COUNTY FOOD POLICY BOARD MONDAY, MAY 9th, 2022 FROM 6:00 TO 8:00 PM City of Austin Permitting and Development Center 6310 Wilhelmina Delco Drive, Room 2103 Austin, TX 78752 Some members of the Board may be participating by videoconference 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 register: Call or email the board liaison at Amanda.Rohlich@austintexas.gov or 512-974-1364. The information required is the speaker’s name, item number(s) they wish to speak on if applicable, email address and telephone number (must be the same number that will be used to call into the meeting). CURRENT BOARD MEMBERS: Sharon Mays, Chair Andrea Abel Lisa Barden Joi Chevalier, Vice-Chair Frances Deviney Kacey Hanson CALL TO ORDER PUBLIC COMMUNICATION Cecilia Hogan Karen Magid Emily Nicola DeMaria Rosamaria Murillo Ryan Rosshirt Errol Schweizer AGENDA 1. APPROVAL OF MINUTES FROM APRIL MEETING 2. STAFF and COMMUNITY BRIEFINGS a. Staff presentation from Grisel Saenz with Austin Public Health Environmental Health Services regarding Charitable Feeding Organization permitting updates. 3. OLD BUSINESS a. Board Infrastructure & Protocol i. Review board members’ meetings with City and County officials b. Review prior board recommendations and discuss City and County budgets c. Community engagement d. Board vacancies and appointments e. Discuss Annual Internal Review 3. NEW BUSINESS a. Working group and individual project briefings i. Good Food Purchasing Program Recommendation AUSTIN-TRAVIS COUNTY FOOD POLICY BOARD MONDAY, MAY 9th, 2022 FROM 6:00 TO 8:00 PM City of Austin Permitting and Development Center 6310 Wilhelmina Delco Drive, Room 2103 Austin, TX 78752 Some members of the Board may be participating by videoconference ii. Healthy Food Access Working Group iii. Food System Planning Working Group iv. Community Agriculture Working Group i. Discuss and take possible action on recommendation to support the creation of a lactation program and the Travis County Correctional Complex. b. Other items, ideas, or general updates for group discussion or board attention c. Review of Board Member Assignments 4. FUTURE AGENDA ITEMS 5. 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. …
AUSTIN-TRAVIS COUNTY FOOD POLICY BOARD (ATCFPB) RECOMMENDATION Recommendation Number: TBD Creation of a Lactation Program at the Travis County Correctional Complex WHEREAS, Travis County and the City of Austin, recognize that breastmilk is the best food source for infants and is recommended by the American Pediatrics Association that infants be provided breast milk for at least one year after birth to support enhanced growth and development. Breastfeeding supports the mother-child bond and enhances the mother’s motivation to care for her child and to stay out of the correctional system. Other health benefits have been documented in reducing the risk of chronic disease for both mother and infant and improving lifetime health outcomes. WHEREAS, ATCFPB recognizes that the CDC states that breastfeeding has health benefits for the mother too. Some cancers, type 2 diabetes, and high blood pressure are less common among women who breastfeed. Mothers who continue to lactate through an incarceration are more likely to continue to breastfeed or pump milk for baby after their incarceration ends; and WHEREAS, 25.4% of children in Travis County live in a food insecure household, which is significantly higher than the national average (21.4%)4; and WHEREAS, the ATCFPB is aware that currently lactating mothers pump to relieve lactation discomfort and pour the milk down the drain due to it being prohibited to store the milk for their infant; and NOW, THEREFORE, BE IT RESOLVED that the Austin-Travis County Sustainable Food Policy Board recommends that Travis County and the City of Austin support the creation of a Lactation Program at the Travis County Correctional Complex. 1A community-based food system is defined as a system of exchange that strives to bring food producers and food consumers into affinity with each other, for the purposes of fostering health, promoting nutrition, building stronger community ties, keeping farm families on the land and building wealth broadly among community members. Systems Concepts in Evaluation: An Expert Anthology, Williams, Bob and Iraj Imam. EdgePress of Inverness, 2006, page 142. 2U.S. Department of Agriculture, National Agricultural Statistics Service. 2012 Census of Agriculture, Travis County, Texas. 3City of Austin, Office of Sustainability. State of the Food System Report. April 2015. 4Feeding America. Map the Meal Gap 2015. 5Sustainable Food Center. Central Texas Foodshed Assessment. 2011.
Charitable Feeding Organization Best Management Practices A Charitable Feeding Organization (CFO) must obtain a CFO permit to operate for the handling of time and temperature-controlled foods or for the purpose of repackaging donated foods. After a CFO registration is obtained, an Environmental Health Officer (EHO) will conduct a routine inspection annually for a CFO Category 2. During these routine inspections, the EHO will be reviewing the following items that are required per FDA Food Code, Texas Food Establishment Rules (TFER), Texas Administrative Code (TAC) Chapter 228 and City of Austin Municipal Code Section 10-3: Food Temperature above for hot foods. 70°F within the first two hours). 1. Time and temperature-controlled foods must be kept at 41°F or below for cold foods and 135°F or 2. Leftover food intended for reuse, must be rapidly cooled to 41°F or below within 6 hours (down to 3. Food must be reheated to 165°F or above before it is placed in a hot or steam well. 4. Raw foods must be cooked to the proper temperature according to the FDA Food Code. 5. Food handlers must monitor the internal temperature of hot and cold food with a metal stem-type thermometer in the 0°F- 220°F range. Thermometers should be cleaned and sanitized between use. 6. Food handlers must monitor donated food temperature received. Cold food received at above 41°F or hot food below 135°F must not be accepted. 7. Daily temperature logs of refrigeration units and food are recommended but are not required. Hand Washing use paper towels. 1. Hand washing facilities must be equipped with proper signage, stocked with hand soap and single 2. Gloves should be used to handle ready to eat foods. 3. Food handler must wash hands when changing tasks and gloves. 4. Must wash hands for 20 seconds in running warm water at a handwashing sink equipped with hot (100°F) and cold water. Food Handler or Food Manager Certificate 1. Only one Certified Food Handler may be present at any one time to oversee the handling of food or dishes for CFO Category 2. All staff and volunteers that are handling food or dishes must take an accredited food handler training course within 30 days of service as required by TFER §228.31 (d) (CFO Category 3 & 4 only). 2. One Food Manager Certificate is required a per FDA Food Code §2-101.11 TFER §228.31 and Austin City Code for a …
Charitable Feeding Organization (CFO) Self-guided Category Determination Category Types of Food Allowed Requirements Types of Food- Handling Allowed Mobiles • Only Prepackaged non- Limited Service • Must register for a CFO Category 1: TCS* Foods. No open food o Complete the CFO General Application. CFO 1 Restricted • Beverages in closed containers. handling. Storage of shelf stable foods Fees waived. • Follow the Best Management Practices. • Whole uncut fruits and and uncut produce • No routine inspections required. vegetables. only. • Canned foods and packaged grains. • All pre-packaged TCS* Limited Service • Must register for a CFO Category 2: foods allowed. Distributes and o Complete the CFO General • Minimal handling of open portions Application. Fees waived. CFO 2 Restricted/ Unrestricted foods. • Reportioning of commercially-prepared foods allowed. commercially prepared & packaged TCS* Foods. Requiring minimal handling of open food. • Follow the Best Management Practices. • Austin Water grease trap not required. • Only one Certified Food Handler must be present at any one time. • Annual inspections CFO 3 service only. • All TCS* foods allowed. Limited Service • Must apply for a CFO Category 3 • Preparing hot or cold TCS* Heats and/or Establishment Food Permit: foods onsite for same day portions o Complete the CFO General Application. commercially prepared TCS* Fees waived. • A pre-opening inspection and routine foods for same-day inspections service. • A Registered Food Manager Certificate and Food Handlers Certificate(s) Unrestricted • All TCS* foods allowed. Full Service • Must apply for a CFO Category 4 Food • Preparing hot or cold TCS* A full-service Establishment Permit: foods onsite allowed. community kitchen o Complete the CFO General Application. CFO 4 and soup kitchen that cooks, cools and warms foods that are TCS* foods for same-day, future or delivery service. Fees waived. • Pre-opening inspection and routine inspections • A Registered Food Manager Certificate and Food Handlers Certificate(s) *TCS = Time or Temperature Controlled for Safety Foods (i.e. meat, dairy, cut melons, cooked vegetables, etc.) _________________________________________________________________________________________________ Applicant's Signature Print Name Date I have read/understand all of the items of responsibility listed above and agree to fully comply with all requirements as listed. I understand fully that any violation of or deviation from these requirements may result in the suspension of my permit and may potentially result in further legal action, such as having court charges filed.
Charitable Feeding Organization (CFO) Self-guided Category Determination Category Types of Food Allowed Requirements Types of Food- Handling Allowed Temporary Events • If already • Only Prepackaged Limited Service • Must register for a CFO Category: registered or non-TCS* Foods. No open food o Complete the CFO General permitted with • Beverages in closed handling. Storage of EHS, the containers. shelf stable foods Application. Fees waived. • Follow the Best Management registration or • Whole uncut fruits and uncut produce Practices. CFO 1 and vegetables. only. • No routine inspections required. permit will extend to the event if at the same address. • If held at separate location, must apply for CFO Temporary Event for each location. • Canned foods and packaged grains. • All pre-packaged Limited Service • Must register for a CFO Category: TCS* foods allowed. Distributes and o Complete the CFO General • Minimal handling of portions commercially Application. Fees waived. open foods. prepared & packaged • Follow the Best Management commercially- prepared foods allowed. Requiring minimal handling of open • Austin Water grease trap not required. • Only one Certified Food Handler must food. be present at any one time. • Annual inspections CFO 2 • Reportioning of TCS* Foods. Practices. Allowed up to 6 • All TCS* foods Limited Service • Must apply for a CFO Category 3 CFO Temporary allowed. Heats and/or portions Establishment Food Permit: Events per year • Preparing hot or cold commercially o Complete the CFO General If exceeding 6 CFO TCS* foods onsite prepared TCS* foods Application. Fees waived. CFO 3 Temporary Events, for same day service for same-day service. • A pre-opening inspection and routine an official request only. must be submitted to EHS. inspections • A Registered Food Manager Certificate and Food Handlers Certificate(s) • All TCS* foods allowed. Full Service A full-service • Preparing hot or cold TCS* foods onsite allowed. community kitchen and soup kitchen that cooks, cools and warms foods that are • Must apply for a CFO Category 4 Food Establishment Permit: o Complete the CFO General Application. Fees waived. • Pre-opening inspection and routine inspections TCS* foods for same- • A Registered Food Manager day, future or delivery Certificate and Food Handlers service. Certificate(s) *TCS = Time or Temperature Controlled for Safety Foods (i.e. meat, dairy, cut melons, cooked vegetables, etc.) CFO 4 _________________________________________________________________________________________________ Applicant's Signature Print Name Date I have read/understand all of …
CHARITABLE FEEDING ORGANIZATION (CFO) CHECKLIST Modified: 1/18/2022 Use this checklist to help ensure your CFO has all the required documents to meet the requirements of Austin Public Health, Austin Water Industrial Waste and Development Services Department Commercial Plan Review. AUSTIN PUBLIC HEALTH https://www.austintexas.gov/department/environmental-health-services Phone Number: 512-978-0300 Ombudsman: Grisel Saenz, 512-978-0344 Application ☐ Review “How to apply for a CFO” guidance document. ☐ Review CFO Self-guided Category Determination – determine the category of the CFO. ☐ Complete the CFO General Application. ☐ Complete the pre-opening inspection Request Application – If the CFO does not currently hold an active City of Austin (COA) Food Enterprise permit. (This step can be skipped if determined CFO category is 1 or 2 or for currently existing COA permits.) ☐ Verify that the CFO name or entity on the application matches the name under the 501(c) Exemption approval document. ☐ Email applications and documents listed to EHSD.Service@austintexas.gov for processing. Inspection ☐ Inspector will contact Responsible Party on application within 3 business days to schedule appointment. ☐ Obtain a copy of the Certificate of Occupancy for the building with the proposed use. ☐ All refrigeration must be at 41F or below with thermometers included. ☐ Must have a mop sink onsite and all plumbing must be in good repair. ☐ Must have employee restrooms available. ☐ Category 3 and 4 only: 2/3 compartment dish sink must be indirectly connected to the sewer (air gap). ☐ Category 3 and 4 only: Must have hot (110F) and cold water available for use at dish sink. All other sinks must be equipped with 100F and cold water. ☐ Category 3 and 4 only: Equipped with adequate number of hand sinks (with splash guards and sink signage). ☐ Category 3 and 4 only: Walls, floors and ceilings must be smooth durable easy to clean and non-absorbent. Lights must be shielded above food preparation areas. ☐ City of Austin Smoking Ordinance signage present. ☐ Dumpster with plug on asphalt/concrete pad. AUSTIN WATER INDUSTRIAL WASTE https://www.austintexas.gov/department/industrial-waste-control-pretreatment Phone Number: 512-972-1060 For All CFO’s ☐ Proof of 501(c) status or religious organizations meeting the definition of “church” under the Internal Revenue Code, §170(b)(1)(A)(I). ☐ A written description of food practices on organizational letterhead. ☐ Copy of a completed Austin Public Health CFO General Application. ☐ Category 1 and 2 only: Completed Grease Interceptor Installation Variance Request (GIIVR) form available at https://www.austintexas.gov/sites/default/files/files/Water/SSD/Pretreatment/GIIVR_blank.pdf. Category 3 & 4 …
BOARD/COMMISSION RECOMMENDATION Austin Travis County Food Policy Board Recommendation Number: 20211213_4.a.i_Supporting Values-Based Procurement Background: The COVID-19 pandemic exposed the vulnerable links in our local food system, resulting in food supply chain disruptions that caused economic harm to households, food service workers, small businesses like grocery stores and restaurants, public institutions like schools no longer accessible for school lunches, and the broader food industry across our region. Covid-19 revealed the flaws in a food system built for profit and efficiency at the expense of access and justice. The crisis demonstrated why we need to build a food system that is more transparent, sustainable, humane, and accountable, especially in the era of Climate Change. A strong local and regional economy can pivot quickly to meet changing demands for food. When confronted with supply chain disruptions, our local and regional farms, processing plants, distribution channels, and businesses make our communities resilient. Institutional food purchasing is an enormous lever for change and a critical tool for equity. The Good Food Purchasing Program is a values-based procurement framework that helps public institutions better understand the source of the food they purchase and provides a methodology to quantify the impact of that food along five core values: nutrition, local economies, valued workforce, environmental sustainability, and animal welfare. This procurement framework, developed by community members and food procurement professionals, is managed by the Center for Good Food Purchasing, and has been successfully adopted by over 60 institutions in 24 major cities across the nation, with over $1 Billion in annual aggregate purchases. Such Values-Based Procurement is a powerful tool for large scale food systems change that can nonetheless be managed at a local and municipal level. GFPP is robust and has been tested across the nation in multiple cities, adapting to the needs of different institutions. Since 2016, the City of Austin’s Office of Sustainability has led a collaborative effort bringing together a cross-sector coalition of anchor institutions, community-based organizations, academia, philanthropy, nonprofits, and the business community and invested in leveraging the Good Food Purchasing Program (GFPP) as a tool to catalyze transformational food systems change by supporting Austin institutions to participate. This work has been further invested in with the generous support of the Michael and Susan Dell Foundation. Unified around a shared vision and set of values, Austin-based institutions involved with the Program have made important gains, but the pandemic has reinforced how much work …
ANIMAL ADVISORY COMMISSION REGULAR MEETING MAY 9, 2022, 6 PM AUSTIN CITY HALL, Room 1101 301 W. Second St. AUSTIN, TEXAS 78701 Some members of the Commission may be participating by videoconference. The meeting may be viewed online at http://www.austintexas.gov/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. For remote participation, registration no later than noon the day before the meeting is required. To register for remote participation, email or call board liaison, Belinda Hare, at Belinda.Hare@austintexas.gov or by phone at 512-978-0565. AGENDA CURRENT BOARD MEMBERS: Craig Nazor, Chair Nancy Nemer, Parliamentarian Palmer Neuhaus Jo Anne Norton Luis Herrera Kristen Hassen CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first 10 speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda Ryan Clinton, Vice Chair Lisa Mitchell Katie Jarl Lotta Smagula Beatriz Dulzaides Dr. Paige Nilson 1. APPROVAL OF MINUTES a. Review and approval of minutes from the April 11, 2022, Animal Advisory Commission meeting 2. BRIEFINGS a. Austin Animal Center and Animal Services Reports. b. COVID Update. c. Austin Pets Alive! Quarterly Report 3. OLD BUSINESS: Update, Discussion and Possible Action a. Monthly Reporting of Data. b. Working Group on How to Increase Microchipping in the City of Austin. c. Austin Pets Alive!’s Future at the Town Lake Animal Center and the Maintenance of No Kill in Austin. d. Transferring Austin Animal Center Animals to Other Communities. 4. NEW BUSINESS: Discussion and Possible Action a. Austin Animal Center Space Crisis and Recommendations from the Space Crisis Working Group b. Austin Animal Center Staffing Request for FY 23 c. Resubmission of Vicious Dog Recommendation to Correct Language Error d. Revision to Fowl Enclosure Ordinance by Austin Public Health 5. FUTURE AGENDA ITEMS 6. 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 (48 hours) before the meeting date. Please call Belinda Hare at the Animal Services Office, at 512-978-0565, for additional information; TTY users …
20220322 Fowl Enclosure Amendment Posting Language Approve an ordinance amending City Code Chapter 3-2-16 (Enclosures for Fowl) relating to enclosure setback distance. Lead Department Austin Public Health Fiscal Note This item has no fiscal impact Prior Council Action: November 21, 2013 – Council approved amendments to Part 3, Section 25-2-863(F) and Chapter 3-2 on a 6- 1 vote. The decision updated ordinance language relating to “raising, processing, and composting of fowl, rabbits, and aquatic foods . . . “ For More Information: Adrienne Sturrup, APH Director, 512-972-5167; Marcel Elizondo, Interim Assistant Director, APH Environmental Health Services Division, 512-978-0308; R. Lee Kelley, Interim Program Manager II, APH Environmental Health Services Division, 512-978-0341; Karen Rodela, Agenda Coordinator, APH, 512-972- 6473. Council Committee, Boards and Commission Action: No action to date. Additional Backup Information: Currently, the City regulates the distance between an animal enclosure and an adjacent residence or business structure. An enclosure used to keep two or more fowl must be located at least 50 feet from a residence or business structure, excluding the residence or business of the fowl’s owner or handler. Staff worked with the Office of Sustainability to identify how City regulations and policies can be amended to reduce the barriers of allowing residents in our community to raise fowl and provide an additional food source. Staff worked to identify other cities in Texas that have enclosure requirements in place. The investigation showed that some cities were more restrictive, while others were less restrictive. Of the cities that defined a setback distance in their code, 30 feet was the smallest setback distance defined. APH is recommending these changes: ▪ City Code Chapter 3-2-16 currently references 50 feet as the allowable distance for an enclosure from a residence or business structure. Amend Chapter 3-2-16: o Reduce setback distance from 50 feet down to 30 feet. o Incorporate a provision that allows APH to consider neighbor concerns on a case-by-case basis. Strategic Outcome(s): Health and Environment. APH EHSD 03/22/2022
