Special Meeting of the Board of Adjustment MINUTES August 10, 2020 Modifications Board of Adjustment to be held August 10, 2020 with Social Distancing The Board of Adjustment on August 10th, 2020, due to current situation with COVID-19, the meeting will be held virtually online and viewable at http://www.atxn.tv beginning at 5:30pm. Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (August 9, 2020 by Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the August 10, 2020, Board of Adjustment Meeting, residents must: •Call or email the board liaison, Elaine Ramirez at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (August 9, 2020). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by Noon the day before August 9 2020 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live A-1/1 MEETING MINUTES August 10, 2020 The Board of Adjustment meeting convened on Monday, August 10, 2020 via Videoconference; http://www.austintexas.gov/page/watch-atxn-live . Don Leighton-Burwell (Chair) called the Board Meeting to order at 5:31 p.m. Board Members in Attendance: Brooke Bailey, Jessica Cohen, Ada Corral, Melissa Hawthorne (Vice Chair),William Hodge, Don Leighton-Burwell (Chair), Rahm McDaniel, Darryl Pruett, Yasmine Smith, Michael Von Ohlen, Kelly Blume (Alternate) Board Members Absent: Veronica Rivera Board Staff in Attendance: Elaine Ramirez (Board Liaison) Lee Simmons (Board Attorney) and Diana Ramirez (Board Secretary) A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval of July 13, 2020 draft minutes A-1 On-Line Link: Item A-1 Board Member Melissa Hawthorne motions to approve the minutes for July 13, 2020, Board member Brooke Bailey seconds on a vote 11-0; APPROVED MINUTES …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0040 BOA DATE: September 14th, 2020 ADDRESS: 2303 Quarry Rd OWNER: Pavan Narra COUNCIL DISTRICT: 10 AGENT: Rodney Bennett ZONING: SF-3-NP (WANG Neighborhood Plan) LEGAL DESCRIPTION: W 52.5 FT OF LOT 5 BLK 2 WESTFIELD A VARIANCE REQUEST: decrease Through Lot setback from 25 ft. to 15 ft. SUMMARY: erect a Detached Garage w/Loft and Covered Patio ISSUES: numerous protected trees ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group C-1/1 C-1/2 C-1/3 C-1/4 C-1/5 C-1/6 C-1/7 C-1/8 C-1/9 C-1/10 C-1/11
BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0042 BOA DATE: September 14th, 2020 ADDRESS: 2202 W. 49th St OWNER: Jessie Patton-Levine COUNCIL DISTRICT: 7 AGENT: Harmony Grogan ZONING: SF-3 LEGAL DESCRIPTION: LOT 1 MEIER ILENE SUBD SUMMARY: remodel and addition to existing residence ISSUES: small lot size ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family VARIANCE REQUEST: exceed the 20% value of structure before improvements for a Nonconforming use NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Bull Creek Road Coalition Central Austin Community Development Corporation Central Austin Urbanists Friends of Austin Neighborhoods Homeless Neighborhood Association Lower District 7 Green Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin Rosedale Neighborhood Assn. SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group C-2/1 C-2/2 C-2/3 C-2/4 C-2/5
C-2/6 C-2/7 T E E R T S R E L Y T ' 5 2 W ' 2 2 ° 2 0 N 21" LIVE OAK (E) DRIVE N 87° 38' 00" E 90.00' AC 5' SIDE YARD SETBACK I N O T D D A I K C A B T E S D R A Y T N O R F ' 5 2 EXISTING 1-STORY RESIDENCE (E) DRIVE (E) DECK (E) DECK 1 5' S T R E E T Y A R D S E T B A C K N 5 9° 1 4' 0 0" W 6 4.3 3' W 4 9 T H S T R E E T N PROPOSED SITE PLAN SCALE: 1"=10' 1 PLUCK ARCHITECTURE HARMONY GROGAN, AIA 1608 TREADWELL STREET AUSTIN, TX 78704 512-507-4096 NOT TO BE USED FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION PROJECT: 2202 W 49TH STREET AUSTIN, TX 78756 DATE: AUGUST 5, 2020 ADDITION K C A B T E S D R A Y R A E R ' 0 1 ' 4 9 . 1 9 E ' 4 3 ° 2 0 S (E) SHED N 5 1 ° 0 4' W 4 8 . 1 5' C-2/8 C-2/9 C-2/10 C-2/11
C15-2-020-0042 2202 W 49th Street Applicant: Harmony Grogan, AIA Single Family Residence 2202 W 49th Street Purchased Dec 2015 Patton-Levine + Diggs Family C-2/1-P C-2/2-P C-2/3-P 9/7/2020 ARTICLE 7. - NONCONFORMING USES. | Code of Ordinances | Austin, TX | Municode Library § 25-2-941 - NONCONFORMING USE DEFINED. NONCONFORMING USE means a land use that does not conform to current use regulations, but did conform to the use regulations in effect at the time the use was established. The use of a building, structure, or property that conformed with the zoning regulations in effect on March 1, 1984 is a conforming use notwithstanding the requirements of this chapter. Source: Section 13-2-331; Ord. 990225-70; Ord. 031211-11. § 25-2-942 - USES CONFORMING ON MARCH 1, 1984. Source: Section 13-2-340; Ord. 990225-70; Ord. 031211-11. § 25-2-943 - SUBSTANDARD LOT. (A) (B) A substandard lot may be used for a nonresidential use that is permitted in the zoning district in which the lot is located if, except for minimum lot area, the use and development complies with the requirements of this title. A substandard lot may be used for a single-family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (1) A substandard lot recorded in the county real property records before March 15, 1946 must: (a) (b) have an area of not less than 4,000 square feet; and be not less than 33 feet wide at the street or at the building line, or have access to a street by an easement that is: (i) (ii) (iii) not less than ten feet wide if it serves one lot, or not less than 18 feet wide if it serves more than one lot; not more than 150 feet in length; and maintained for access by the property owner. (2) A substandard lot recorded in the county real property records after March 14, 1946 must: (a) (b) have an area of not less than 5,750 square feet; and be not less than 50 feet wide at the street or at the building line. (C) (D) If a substandard lot is used with one or more contiguous lots for a single use or unified development, the requirements of this chapter apply to the aggregation of lots as if the aggregation were a single lot. A substandard lot that …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0043 BOA DATE: September 14th, 2020 ADDRESS: 4708 Colorado Xing OWNER: Robin Moore COUNCIL DISTRICT: 10 AGENT: Katherine Loayza ZONING: LA LEGAL DESCRIPTION: LOT 6 BLK A COLORADO CROSSING SEC 1 VARIANCE REQUEST: increase impervious cover for each slope category SUMMARY: erect a swimming pool ISSUES: heavily sloped lot ZONING LAND USES Site LA North LA LA South SF-2 East West LA Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: 2222 Coalition of Neighborhoods Associations, Inc. Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Friends of Austin Neighborhoods Long Canyon Phase II & III Homeowners Assn Inc. Neighborhood Empowerment Foundation Preservation Austin SELTexas Sierra Club, Austin Regional Group TNR BCP Travis County Natural Resources C-3/1 C-3/2 C-3/3 C-3/4 C-3/5 C-3/6 C-3/7 C-3/8 C-3/9 C-3/10 C-3/11 C-3/12 C-3/13 C-3/14 C-3/15 C-3/16 C-3/17 C-3/18
LAKE AUSTIN OVERLAY ZONING (LA) IMPERVIOUS COVER VARIANCE REQUEST Part 1 Address: 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 Applicant: Katherine Loayza C-3/1-P1 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 • Variance from the Lake Austin Overlay zoning slope impervious cover restrictions, Section 25-2- 551(c) to allow an additional 80.6 square feet of impervious cover for the construction of a 348 sq. foot swimming pool. • Other impervious cover included in the variance request (144 square feet) for an existing play scape (51 sq. ft.) and play house (93 sq. ft.) which do not require a building permit. • Lot size is 11,643 sq. ft. or 26% of one acre, the minimum lot size in the LA zoning overlay district – the LA overlay was adopted in 1984, after the property was platted in 1982 • 74% of the lot is on slopes 15% - >35% – the LA zoning only allows a total of 413 square feet of impervious cover on this area of the property and 1,074 square feet on 0-15% slopes • The existing house was built subject to SF-2 zoning impervious cover standards, not LA zoning. The BOA granted an increase in impervious cover in 2015 to allow improvements to the rear deck area. AUSTIN | DALLAS | FORT WORTH | HOUSTON | SAN ANGELO | SAN ANTONIO | TEXARKANA C-3/2-P1 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 Summary of variance request: Increase the allowed LA zoning slope impervious cover by: •37.3 square feet in the 0-15% slope category – play scape – existing impervious cover 56.1%/proposed 57.3% •31.6 square feet in the 15%-25% slope category – some of the play scape – existing impervious cover 73.4%/proposed 74.4% •27.5 square feet in the 25%-35% slope category – pool coping and some of the play house – existing impervious cover 17.1%/proposed 18.6% •127.5 square feet in the >35% slope category – pool coping and some of the play house – existing impervious cover 9.4%/proposed 13% •Total Increase in impervious cover 225 square feet (rounded up) – 40.2% - 42.2% of the total lot AUSTIN | DALLAS | FORT WORTH | HOUSTON | SAN ANGELO | SAN ANTONIO | TEXARKANA C-3/3-P1 ZONING MAP OF THE NEIGHBORHOOD 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 AUSTIN | DALLAS | FORT WORTH | HOUSTON | SAN ANGELO | SAN ANTONIO | TEXARKANA C-3/4-P1 AERIAL VIEW 4708 Colorado …
LAKE AUSTIN OVERLAY ZONING (LA) IMPERVIOUS COVER VARIANCE REQUEST Part 2 Address: 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 Applicant: Katherine Loayza C-3/1-P2 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 AUSTIN | DALLAS | FORT WORTH | HOUSTON | SAN ANGELO | SAN ANTONIO | TEXARKANA C-3/2-P2 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 AUSTIN | DALLAS | FORT WORTH | HOUSTON | SAN ANGELO | SAN ANTONIO | TEXARKANA C-3/3-P2 The lower patio area and grass slope, showing the location of the proposed pool project. 4708 Colorado Crossing, Austin 78731 Case Number: C15‐2020‐0043 AUSTIN | DALLAS | FORT WORTH | HOUSTON | SAN ANGELO | SAN ANTONIO | TEXARKANA C-3/4-P2
BOA SIGN REVIEW COVERSHEET CASE: C15-2020-0044 BOA DATE: September 14th, 2020 ADDRESS: 1209 Taylor St OWNER: Scott McElwain COUNCIL DISTRICT: 3 AGENT: Eduardo Ponce ZONING: SF-3-NP (East Cesar Chavez NP) LEGAL DESCRIPTION: LOT 22 OLT 45 DIV O WENDLANDT & STAEHELY RESUB VARIANCE REQUEST: Lot size SUMMARY: erect a new Residential Primary Structure ISSUES: Through Lot and lot less than minimum required ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United For Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town C-4/1 C-4/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 1209 TAYLOR ST, AUSTIN TX 78702 Subdivision Legal Description: ____________________________________________________________________________ LOT 22 OLT 45 DIV O WENDLANDT & STAEHELY RESUB ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ 22 Outlot: _________________________________ Division: _____________________________ 33 & 45 O Zoning District: ___________________________________________________________________ SF-3-NP I/We ________________________________________________ on behalf of myself/ourselves as Eduardo Ponce | Forsite Studio authorized agent for ________________________________________________ affirm that on Scott McElwain Month August , Day 8 , Year 2020 , hereby apply for a hearing before the Board of Adjustment for consideration to …
1209 TAYLOR ST, AUSTIN, TX 78702C-4/1-P PROPOSED MASSING: - 3 levels, habitable attic - Holly St side parking - Gable and dormer roof combination - Second and third floor balconies - Through lot, primary residence facing Holly st. 1209 TAYLOR ST, AUSTIN, TX 78702C-4/2-P PROPOSED MASSING: - 3 levels, habitable attic - Holly St side parking - Gable and dormer roof combination - Second and third floor balconies - Through lot, primary residence facing Holly st. 1209 TAYLOR ST, AUSTIN, TX 78702C-4/3-P EAST CESAR CHAVEZ Neighborhood Plan Goals 1- Provide zoning for a mix of business and residential land uses in commercial areas. 2- Ensure that new structures, renovations and businesses are compatible with the neighborhood. 3- Create and preserve physical features and activities to reinforce our neighborhood’s cultural identity and history. 4- Improve vehicle, bicycle and pedestrian traffic safety on neighborhood streets. 5- Make better use of the Forth-Fifth Street rail corridor. 6- Improve and promote mass transit service in the neighborhood. 7- Establish a housing education and outreach program to preserve and rehabilitate existing housing. 8- Preserve and increase the number of homeowners in the neighborhood. 9- Preserve and enhance neighborhood trees, green spaces, trails, gardens, existing parks and recreational facilities. 10- Reduce trash in our neighborhood. 11- Educate neighbors about environmental issues. 12- Attract or develop businesses that serve essential neighborhood needs. 13- Reduce crime, arson and violence in our neighborhood by increasing programs. 14- Coordinate and promote health and human services programs in the neighborhood. 15- Provide quality, equitable and attainable educational opportunities for youth and adults in the neighborhood. 16- Provide opportunities for cultural arts, recreation and leisure activities. 1209 TAYLOR ST, AUSTIN, TX 78702C-4/4-P 1209 TAYLOR ST HARDSHIP: - Existing lot size is just below the threshold to allow the construction of an ADU, thus making it difficult to fulfill the neighborhood plan of in- creasing the number of home owners. 1209 TAYLOR ST, AUSTIN, TX 78702C-4/5-P HARDSHIP: - Through lot condition is not common in East Cesar Chavez Neighborhood. - Through lots offer unique condition to increase the number of home owners on a single lot while offering street frontage for both dwelling unit. -Neighborhood character can be maintained by keeping original dwelling unit facing Taylor St. side. 1209 TAYLOR ST, AUSTIN, TX 78702C-4/6-P 1211 TAYLOR ST, AUSTIN, TX 78702 AREA CHARACTER: 1211 Taylor st. - 3 levels, habitable attic. - Through lot …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0048 BOA DATE: September 14th, 2020 COUNCIL DISTRICT: 3 AGENT: James Flowers ADDRESS: 4700 Milburn Ln OWNER: Emelie Henzel ZONING: SF-3-NP (Govalle NP) LEGAL DESCRIPTION: LOT 5 GULLETT GARDENS NO 3 VARIANCE REQUEST: Change of use of primary structure to Two-Family and rear structure to Primary residence SUMMARY: erect a Two-Family Residential use ISSUES: two large protected trees ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Del Valle Community Coalition East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Govalle Neighborhood Association Govalle/Johnston Terrace Neighborhood Plan Contact Team Guadalupe Development Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United For Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group C-5/1 C-5/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 4700 Milburn Lane, Austin, TX 78702 Subdivision Legal Description: Lot 5 Gullett Gardens No 3 ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ SF3 I/We ________________________________________________ on behalf of myself/ourselves as James Flowers authorized agent for ________________________________________________ affirm that on Emelie Henzel Month August , Day 10 , Year 2020 , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ Type of Structure: ______________________________________________________________ Single-Family Home City of Austin | Board of Adjustment General/Parking Variance Application …
BOA Monthly Report July 2020-June 2021 August 10, 2020 1) 25-2-551 (Lake Austin (LA) District Regulations) to reduce the Shoreline Setback 2) 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off-Street parking and Loading Requirements) to reduce the number of required parking spaces 3) 25-2-492 (Site Development Regulations) (D) to decrease the rear setback 4) 25-2-492 (Site Development Regulations) to decrease the minimum interior side setback; decrease the minimum rear yard setback; to increase building coverage; increase impervious coverage Granted 4 PP Cases Withdrawn Denied 0 0 0 Discussion Items 18 August 2020 interpretations 0 new inquiries (Added Aug # 2020) The deposition of the case items: 6 A. Granted 1 B. Postponed 0 C. Withdrawn D. Denied 3 E. Discussion Items 18 D-1/1 Granted PP Cases Withdrawn Denied 2 1 0 3 July 13, 2020 1) 25-10-133(C) to exceed sign area from 150 sq.ft. and (G) illuminate Both signs 2) 25-2-963 (D)(2) (a) to move the docks by consolidating them into 1 dock And to raise the top of the rail elevation to the 2 slip dock 1) 25-2-492 to decrease the minimum interior side SB, to decrease the Minimum rear yard SB, to increase the BC, to increase the IC 1) 25-10-124 (B)(1)(b) to increase the maximum sign area on lot and 25-10-125 (B)(2) height 2) 25-2-721 (C)(1) and (2) secondary SB area to allow construction of a home And to increase the maximum allowable IC 3) 25-2-492 to decrease the minimum interior side SB Discussion Items 10 July 2020 interpretations 0 new inquiries The deposition of the case items: 2 A. Granted 1 B. Postponed 0 C. Withdrawn D. Denied 3 E. Discussion Items 10 (Added July’s # 2020) D-1/2
Board of Adjustment Training & Staff Support Workgroup 2020-07-02 (Leighton-Burwell, Hawthorne, Von Ohlen & Bailey) -- UPDATED Results /Action Items Proposed by the Workgroup (for discussion and possible action by the whole Board at upcoming BOA Meeting): 1. We want to start BOA trainings ASAP (thanks to our Liaison, this is already underway). 2. We want to have knowledgeable staff available at our hearings to answer questions regarding issues outside of BOA Liaison’s expertise (residential zoning), such was Lake Austin, Signage, Waterfront Overlay, etc. 3. We want to find out status of GIS mapping efforts showing history of BOA cases (location, type, etc.). 4. We want to build new bridges with City Staff and repair relationships from past situations. In addition, we want to be able to increase staff accountability without it appearing as a personal attack. 5. We want to know what the Department Supervisors need / want from BOA to better support each other and our joint processes. 6. We want to temper our deliberations to be focused on the facts of the cases before us and be less inflammatory or confrontational towards applicants and staff. 7. We want to hold ourselves accountable and our BOA colleagues in a civil and respectful manner. 8. We want to create processes for transitions in BOA leadership and for additions of new members to our Board. 9. We want to include training on the role the legislature plays in the BOA. Specifically how we are governed by both City and State mandates and what that means in how we operate. D-3/1
MEMORANDUM TO: Members of the Planning Commission FROM: Jerry Rusthoven, Assistant Director/Interim Lead Planning and Zoning Department DATE: May 22, 2020 SUBJECT: UNO Sign Regulations The Planning and Zoning Department is requesting the Commission initiate an amendment to the UNO ordinance to correct an inadvertent change made to the sign regulations in the ordinance. In November 2019 the City Council approved changes to the UNO ordinance. One of those changes was intended to address signs above the second story of a building. Those signs were required to be cut in or engraved into the structure of the building. If the name of a building were placed on the facade this made it physically difficult to change the name in the future. It was agreed by the stakeholders to remove this requirement. In making this change to the ordinance a mistake was made and the result is all illuminated signs were prohibited in the UNO area. This is not what was intended or agreed to by the stakeholders. Also, because the UNO sign regulations are also used in TODs and the North Burnet/Gateway Plan this mistake carries over to other areas. Staff is asking for the opportunity to correct the ordinance. We will be working with the same stakeholders involved in the November revisions. If you need additional information, please contact me by email or 512-974-3207. Cc: Andy Linseisen, Assistant Director, DSD D-4/1
Request for Variance Case #: C15-2020-0048 4700 Milburn Lane, Austin, Texas 78702 Applicant Name: James Flowers C-5/1-P Introduction of Applicant C-5/2-P Overview of Request ● LDC Section 25-2-774 (Two Family Residential Use) ○ (C)(2)(a) - Secondary dwelling must be at least 10 feet to the rear or side of primary building ● Variance Request ○ Allow Secondary dwelling to be at least 10 feet to the front of the primary building ● The granting of this variance would allow the construction of a new primary structure in the open area in the rear of the lot, while maintaining the current small primary structure “as-is”, so that it becomes the new secondary dwelling C-5/3-P Proposed Site Plan with Variance New Primary Structure Front of Lot (Milburn) Current House C-5/4-P Aerial View of Lot Current House Open Area in Rear of Lot outside of root zones Protected Trees C-5/5-P Photos - Lot Front and Back Front of Lot Rear of Lot C-5/6-P Justifications for Variance - Protected Trees ● Multiple large protected trees, including two very close to the existing primary structure ○ ○ ○ ○ Most other uses of this lot would require demolishing the current home, and would significantly impact anything else that could be built in its place Building the second structure in the rear of the lot would prevent potential damage to the current trees during any demolition and rebuild There is already a large, open area in the rear of the lot, well away from the protected trees, that is undeveloped on the lot and has more than enough space for a primary structure C-5/7-P Justifications for Variance ● Maintain the look of the current property and its fit in the existing neighborhood by protecting an older home rather than demolishing it ○ Current primary structure was built in 1941 by a WWII vet; current owner is only the third to have lived here ○ Approved variance would allow the traditional Austin bungalow to stay at the front of the lot, while putting a larger more modern-build home towards the rear out of view ○ Owner specifically wants to maintain the historical home rather than trying to expand, build a second story, etc. Additionally, any expansions would likely conflict with the protected tree root zones mentioned previously as well. C-5/8-P Photos - Protected Tree - Pecan (East side) C-5/9-P Photos - Protected Tree - Cypress (West Side) …
Photos - Open Rear Area C-5/11-P Local Neighborhood Character ● Maintaining the current home will help to maintain Milburn Lane’s current neighborhood character (rather than demolishing it to build one or more new structures on the property) ● Increases density on a lot near a critical transportation network (Springdale Lane) while maintaining an older, somewhat historic structure ● New structure in the rear of the property would match the layouts of multiple other nearby lots (neighbors on either side both have two structures on their lots already) C-5/12-P Questions? C-5/13-P
City Council & City Manager, WHEREAS, the members of the Austin Board of Adjustment (“BOA”), fees have increased to a point that many socioeconomically challenged families in the City have been priced out of the ability to have their due process rights met at the Board of Adjustment; and WHEREAS, the BOA would like to give a fair and equitable hearing to all citizens that believe they deserve a special exception to, or a hardship variance from, the land development code; and WHEREAS, the metropolitan area of the City of Austin has approximately 11% of its residents below the federal poverty limit who would be severely challenged or unable to pay the BOA current fee thereby preventing these citizens experiencing issues with Austin’s complex land development code from being able to come to our Board for relief; and WHEREAS, further complicating the situation there is a current public health crisis in the form of SARS-CoV-2 that has resulted in mass unemployment and loss of income; and WHEREAS, a large number of the recent BOA cases have been for issues related primarily to commercial development and large home/real estate developers instead of homes of working or middle class neighborhoods; and WHEREAS, in the past the City of Austin has a history of providing financial assistance programs to assist its citizens and has been at the forefront of implementing policy that provides equity and access to government to all ie. Austin Energy CAP etc.; and WHEREAS, it is the desire that the City Council and City Manager support a fee assistance program for the Board of Adjustments in which the Board fully understands that the current fee structure was intended to reflect the actual cost of services provided by staff within the City, the BOA would like to be clear that any fee assistance program should not result in changes to staffing, rather, that the BOA and the staff provide a public good that should be provided by and supported with tax dollars and fees collected by the city, rather than wholly paid for by socioeconomically challenged applicants; and WHEREAS, the staff that serves the BOA provides exemplary customer service and board support duties, and our city should be proud of the professionalism and knowledge provided by its staff to residents; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF AUSTIN: The Board of Adjustment hereby …
Special Meeting of the Board of Adjustment September 14, 2020 Board of Adjustment to be held September 14, 2020 with Social Distancing Modifications The Board of Adjustment on September 14, 2020, due to current situation with COVID-19, the meeting will be held virtually online and viewable at http://www.atxn.tv beginning at 5:30pm. Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (September 13, 2020 by Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the September 14, 2020, Board of Adjustment Meeting, residents must: •Call or email the board liaison, Elaine Ramirez at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (September 13, 2020). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by Noon the day before September 13, 2020 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment FECHA de la reunion (September 14, 2020) a la 5:30 pm http://www.atxn.tv La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (September 13, 2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los residentes deben: • Llame o envíe un correo electrónico al enlace de la junta a Elaine Ramirez 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, y …
Blake Ramirez, Elaine From: To: Cc: Subject: Date: Attachments: C15-2020-0040; 2303 Quarry Road Wednesday, September 09, 2020 10:07:24 AM PastedGraphic-2.tiff *** External Email - Exercise Caution *** 9 September 2020 Elaine Ramirez, Liaison Board of Adjustment City of Austin RE: C15-2020-0040; 2303 Quarry Road Dear Board of Adjustment: The Board of Directors (BoD) of West Austin Neighborhood Group (WANG) met last evening VIA Zoom with the applicant’s representative in the above referenced 2020 variance request at 2303 Quarry. After discussion, the WANG BoD voted unanimously to recognize and not oppose the renewal of the decision of your Board in 2017, case number C15-2017- 0053, that addressed virtually the same request here. Specifically: We noted that the current variance request does include a habitable space within the detached garage’s attic space and we felt the bath/changing room could be relocated to the open air patio area, an area by definition being non-habitable thus bringing this variance request much more in line with the 2017 decision. The addition of a further one foot incursion into the required yard setback being requested here was not addressed specifically by us. Thank you for your service to the community. Sincerely; Blake Tollett, Zoning WANG 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-1/1LATE BACKUP
August 25, 2020 Rodney Bennett 2303 Quarry Rd Austin TX, 78703 Re: C15-2020-0040 Property Description: W 52.5 FT OF LOT 5 BLK 2 WESTFIELD A Dear Rodney, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code. Section 25-2-492 (Site Development Regulations) setback requirements; to decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) in order to maintain an existing Duplex in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (West Austin Neighborhood Plan). Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
From: To: Subject: Date: Joseph Carls C15-2020-0042 In Favor Sunday, September 13, 2020 10:21:41 PM *** External Email - Exercise Caution *** Hi Elaine, Just registering that I’m in favor of this project. Joe Carls 4903 Lynnwood St. 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. Sent from my iPhone C-2/1-LATE BACKUP From: To: Subject: Date: Kate Harrington Ramirez, Elaine Case # C15-2020-0042 Hearing, Board of Adjustment, 9.14.20 Tuesday, September 08, 2020 9:28:53 PM *** External Email - Exercise Caution *** I am writing in regard to Case Number C15-2020-0042, which is scheduled to have a public hearing before the Board of Adjustment on September 14, 2020. I am in favor of this variance. My name is Kathleen Harrington. I live at 4812 Ramsey Ave., Austin, TX 78756, which is across the street from the house proposed to be remodeled. My phone number is 512.565.2511. I am in favor of this variance, because it will improve the house, to a modest degree, and will not change the look of our neighborhood in any negative way, and in fact will improve things. The owners of the house in question are good neighbors and good citizens. They would like to remain in their very small house, but even with only one child, it is a tight squeeze. I believe the City of Austin should encourage families to remain in place, whenever possible, rather than have to move further out in order to afford a somewhat larger home to accommodate their growing families. Thank you, Kathleen Harrington 512.565.2511 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. C-2/2-LATE BACKUP C-2/3-LATE BACKUP From: To: Subject: Date: Ramirez, Elaine Case # C15-2020-0042 Hearing, Board of Adjustment, 9.14.20 Tuesday, September 08, 2020 9:44:48 PM *** External Email - Exercise Caution *** I am writing in regard to Case Number C15-2020-0042, which is scheduled to have a public hearing before the Board of Adjustment on September 14, 2020. My name is Gary Flemmons. I live at 4812 Ramsey Ave., Austin, TX 78756, which is …
August 25, 2020 Harmony Grogan 2202 W 49th St Austin TX, 78756 Property Description: LOT 1 MEIER ILENE SUBD Re: C15-2020-0042 Dear Harmony, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% of $69,983 (allowed) to $150,000 (requested); In order to complete a remodel and addition to an existing single-family residence being in a “SF-3-NP” Single-Family Residence zoning district and the Rosedale Neighborhood planning area. Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
August 25, 2020 Katherine Loayza 4708 Colorado Xing Austin TX, 78731 Property Description: LOT 6 BLK A COLORADO CROSSING SEC 1 Re: C15-2020-0043 Dear Katherine, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following sections from the Land Development Code; Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 57.3 percent (requested), (56.1% existing) (b) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more than 25 percent from 10 percent (allowed) to 74.4 percent (requested), (73.4% existing) (c) increase the maximum impervious cover on a slope with a gradient of more than 25 percent and not more than 35 percent from 5 percent (allowed) to 18.6 percent (requested), (17.1% existing) (d) increase maximum impervious cover on a slope gradient greater than 35 percent to 13 percent (requested), (9.4% existing) In order to erect a Swimming Pool in a “LA”, Lake Austin zoning district. Austin Energy does not oppose the above variance requests, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
From: To: Subject: Date: Clint Dein Ramirez, Elaine Board of Adjustments Case Number: C15-2020-0044 Friday, September 11, 2020 1:03:50 PM *** External Email - Exercise Caution *** I am in favor of this variance, please see attached scan of variance document. Hi, Thanks, Clint 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-4/1-LATE BACKUP September 10, 2020 Board of Adjustment City of Austin Austin, TX Via E-mail: Elaine.Ramirez@austintexas.gov RE: 1209 Taylor Street, Case No. C15-2020-0044 Dear Members of the Board of Adjustment, The East Cesar Chavez Neighborhood Planning Team is writing in regard to variance to a residential lot requested by Forsite Studio on behalf of the owner, Scott McElwain. The Team heard the applicants at our August 19, 2020 meeting and voted to endorse the following variance request: “Decrease minimum lot size for two family residential from 5,750sf to 5,647sf” Please direct any further questions to Kristen Heaney from the East Cesar Chavez Neighborhood Planning Team at or (512) 694-0363. Sincerely, Kristen Heaney Kristen Heaney Chair East Cesar Chavez Neighborhood Planning Team CC: ECCNPT via e-mail Jason Fryer, architect via e-mail C-4/2-LATE BACKUP
August 25, 2020 James Smith 1209 Taylor St Austin TX, 78702 Re: C15-2020-0044 Property Description: LOT 22 OLT 45 DIV O WENDLANDT & STAEHELY RESUB Dear James, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (B) from lot area of 5, 750 square feet (required) to 5, 647 square feet (requested); In order to erect a Two-Family Residential use in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
C-5/1-LATE BACKUP September 11, 2020 Dear Neighbor, My wife and I have recently moved into our house at 4700 Milburn Lane which she has owned since 2017. As we settle into the neighborhood, we have hopes of developing our property. We are interested in creating a dual use property with a main house for our family and an accessory dwelling unit for friends and family. We would like to build a separate, new dwelling for our primary use at the the existing original home (built in 1941) in its current location at the front of the property. In order to accomplish this development, we will be requesting a variance from the City of Austin Board of Adjustment. Currently the City requires that the larger unit be at the front of the property; this would require us to tear down the existing home and then site two new structures on the lot. of the property and keep rear We feel this would be wasteful and also would disturb the existing curb appeal of our property, by removing a historic home that we prefer to save. By allowing a variance we would be able to construct our new home in the rear of the lot and thereby minimize the change of the current curb view. This would also minimize disturbance to the trees on the lot. If you would be in support of the City granting a variance for this type of project on our lot, we would appreciate your signature of agreement. This form will be submitted along with our application for variance to show neighborhood support for our request. Thank you! 4701 Milburn Lane __________________________ Willism S. Ewen __________________________ Austin, TX 78702 __________________________ Owner Name Sincerely, Jon and Emelie Flowers Address Signature ___________________________ Doc ID: 1f2185fba6f3fb235157f68f00f02f3994904286 C-5/2-LATE BACKUP(cid:1) (cid:1)
August 25, 2020 James Flowers 4700 Milburn Ln Austin TX, 78702 Property Description: LOT 5 GULLETT GARDENS NO 3 Re: C15-2020-0048 Dear James, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section from the Land Development Code; Section 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two-Family Residential use location at least 10 feet to the rear or side of the principal structure (required) to become a Two-Family use location at least 10 feet to the front of the principal structure (requested); In order to erect a Single Family Residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Austin Energy does not oppose the above variance request, provided that all proposed and existing improvements will follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday September 14, 2020 CASE NUMBER: C15-2020-0040 Item C-1 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Martha Gonzalez (Alternate) APPLICANT: Rodney Bennett OWNER: Pavan Narra ADDRESS: 2303 QUARRY ROAD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 15 feet (requested) in order to erect a detached garage with Loft and Covered Patio in a “SF-3-NP” Single-Family Residence – Neighborhood Plan zoning district (West Austin Neighborhood Plan). Note: Per LDC for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member Michael Von Ohlen motions to Grant as presented in the drawing C-1/7 and with condition no STR (Short-term rental), Board Member Melissa Hawthorne seconds on an 11-0 vote; GRANTED AS PRESENTED IN THE DRAWING C-1/7 AND WITH CONDITION NO STR (SHORT-TERM RENTAL). EXPIRATION DATE: September 14, 2021 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: it is a through lot with a 25’ rear setback and the placement of the protected trees restrict the buildable area 2. (a) The hardship for which the variance is requested is unique to the property in that: the number of protected trees on this site do not allow for covered parking anywhere else (b) The hardship is not general to the area in which the property is located because: most homes in the neighborhood are older and have covered parking furthermore the numerous protected trees have reduced the buildable area to this location 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: most homes in this area have covered parking and most of them predate the tree ordinance. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for
CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday September 14, 2020 CASE NUMBER: C15-2020-0042 Item C-2 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Martha Gonzalez (Alternate) APPLICANT: Harmony Grogan OWNER: Jessie Patton-Levine ADDRESS: 2202 49TH ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% of $69,983 (allowed) to $150,000 (requested) in order to complete a remodel and addition to an existing single- family residence in a “SF-3-NP” Single-Family Residence zoning district Note: Per LDC for a Nonconforming Use - A person may improve, enlarge, or structurally alter a structure if the cost does not exceed 20 percent of the value of the structure before the improvement. Per applicant: The improvements allowed, or 20% of the value equals $13,996. Per code, we are able to make improvements of $13,996 and we are asking to make improvements of $150,000. BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member Michael Von Ohlen motions to Postpone to October 12, 2020, Board Member Melissa Hawthorne seconds on an 11-0 vote; POSTPONED TO OCTOBER 12, 2020. 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 Don Leighton-Burwell Chairman Diana Ramirez for
CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday September 14, 2020 CASE NUMBER: C15-2020-0043 Item C-3 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Martha Gonzalez (Alternate) APPLICANT: Katherine Loayza OWNER: Robin Moore ADDRESS: 4708 COLORADO XING VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) percent or less from 35 percent (allowed) to 57.3 percent (requested), (56.1% existing) (b) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more than 25 percent from 10 percent (allowed) to 74.4 percent (requested), (73.4% existing) (c) than 25 percent and not more than 35 percent from 5 percent (allowed) to 18.6 percent (requested), (17.1% existing) (d) increase maximum impervious cover on a slope gradient greater than 35 percent to 13 percent (requested), (9.4% existing) in order to erect a Swimming Pool 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 January 13, 1982 increase the maximum impervious cover on a slope with a gradient of 15 increase the maximum impervious cover on a slope with a gradient of more BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member Melissa Hawthorne motions to Grant with a Rainwater Collection (in excess of allowed impervious cover; rainwater collection should be calculated based on October 2017 table presented by City Staff to BOA), Board Member Ada Corral seconds on an 11-0 vote; GRANT WITH A RAINWATER COLLECTION (IN EXCESS OF ALLOWED IMPERVIOUS COVER; RAINWATER COLLECTION SHOULD BE CALCULATED BASED ON OCTOBER 2017 TABLE PRESENTED BY CITY STAFF TO BOA). EXPIRATION DATE: September 14, 2021 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: as this lot was planned when it was zoned SF-2 and slope restrictions and calculations would of not been required at the time of the subdivision was planned, accessory structure to an existing home zoning cap is very restrictive and doesn’t meet the minimum lot size for LA zoning and …
CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C15-2020-0044 Item C-4 DATE: Monday September 14, 2020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Martha Gonzalez (Alternate) APPLICANT: Eduardo Ponce OWNER: Scott McElwain ADDRESS: 1209 TAYLOR ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (B) from lot area of 5, 750 square feet (required) to 5, 647 square feet (requested) in order to erect a Two-Family Residential use in an “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: Per LDC for a Two-Family Residential use the minimum lot area is equivalent to a standard lot. BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member Michael Von Ohlen motions to Grant from lot area requirements to erect Two-Family Residential use with condition that structures (existing and proposed combined) not exceed .4 FAR, Board Member Brooke Bailey seconds on an 11-0 vote; GRANTED FROM LOT AREA REQUIREMENTS TO ERECT TWO-FAMILY RESIDENTIAL USE WITH CONDITION THAT STRUCTURES (EXISTING AND PROPOSED COMBINED) NOT EXCEED .4 FAR. EXPIRATION DATE: September 14, 2020 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: East Cesar Chavez NP outlined objectives include preserving home ownership and physical features of the neighborhood, maintain and increase the number of homeowners in the neighborhood, minimum lot requirement of 5,750 sf restricts the increase of homeowners in the area, existing lot size is 5,647 sf just short by 103 sf 2. (a) The hardship for which the variance is requested is unique to the property in that: SF-3 lot size less than lot minimum required for 2 family residential, this prevents the lot from meeting some of the objectives of the East Cesar Chavez NP (b) The hardship is not general to the area in which the property is located because: Majority of the lots in the area not through lots, this lot presents a unique opportunity for homes with street frontage 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday September 14, 2020 CASE NUMBER: C15-2020-0048 Item C-5 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Martha Gonzalez (Alternate) APPLICANT: James Flowers OWNER: Emelie Henzel ADDRESS: 4700 MILBURN LANE VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two-Family Residential use location at least 10 feet to the rear or side of the principal structure (required) to a Two-Family use location at least 10 feet to the front of the principal structure (requested) in order to erect a Single Family Residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Note: Per LDC the second Dwelling Unit must be contained in a structure other than the principal structure and must be located at least 10 feet to the rear or side of the principal structure Applicant is proposing to change use of Principal structure (front) to the Two- Family Residential Use and the detached structure to be the Principal Structure (rear) BOARD’S DECISION: The public hearing was closed by Chair Don Leighton- Burwell, Board Member William Hodge motions to Grant with condition not to increase the gross floor area to the existing structure in the front, Board Member Brooke Bailey seconds on an 11-0 vote; GRANTED WITH CONDITON NOT TO INCREASE THE GROSS FLOOR AREA TO THE EXISTING STRUCTURE IN THE FRONT. EXPIRATION DATE: September 14, 2020 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: Two large protected trees near the front of the lot, on either side of the existing structure on the lot, make it exceedingly difficult to build any new structures or improvements, due to the size of the critical root zones of these two trees, the lot’s zoning allows the construction of the primary home and accessory unit, the existing structure is small enough to fall under Accessory Dwelling Unit rules, except for the portion of the code for which they are requesting a variance, which requires the ADU to be either to the rear or side of the primary structure, the existing structure’s location on the lot makes any construction to the rear or side impossible and the protected trees make expansion of …
MINUTES Special Meeting of the Board of Adjustment September 14, 2020 Board of Adjustment to be held September 14, 2020 with Social Distancing Modifications The Board of Adjustment on September 14, 2020, due to current situation with COVID-19, the meeting will be held virtually online and viewable at http://www.atxn.tv beginning at 5:30pm. Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (September 13, 2020 by Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the September 14, 2020, Board of Adjustment Meeting, residents must: •Call or email the board liaison, Elaine Ramirez at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (September 13, 2020). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by Noon the day before September 13, 2020 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment FECHA de la reunion (September 14, 2020) a la 5:30 pm http://www.atxn.tv La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (September 13, 2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los residentes deben: • Llame o envíe un correo electrónico al enlace de la junta a Elaine Ramirez 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, …
