Board of Adjustment Meeting MINUTES July 12, 2021 (Versión en español a continuación) Board of Adjustment to be held July 12, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (July 11, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the July 12, 2021 Board of Adjustment Meeting, members of the public must: Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (July 11, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. Speakers must call in at least 15 minutes prior to meeting start time 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 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live A-1/1 Minutos del Reunión del Board of Adjustment - FECHA de la reunion (July 12, 2021) 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 (July 11, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion July 12, 2021, los miembros del público deben: Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (July 11, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: June 14, 2021 CASE NUMBER: C16-2021-0008 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne Abstain ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. FINDING: C-1/1 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 ____________________________ Chairman Diana Ramirez for C-1/2 Advanced Packet Table of Contents Ordinance No. 20070726‐132………………………………………………………………………………………………………..Tab 1 Permits wall signs of building names without limitation on illumination or height (page 2 of 2). Ordinance No. 20170817‐072…………………………………………………………………………………………………………Tab 2 Prohibits all signs above second floor of a building, except for non‐electric signs that are “engraved, cut into the building surface, or otherwise inlaid to become part of the building.” (page 14 of 17). Sign Variance Decision Sheet – C16‐2018‐0002 (507 W 23rd …
C-1/69 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- . Cc: Andy Linseisen, Assistant Director, DSD C-1/70 C-1/71 C-1/72 C-1/73 C-1/74 C-1/75 C-1/76 C-1/77 C-1/78 C-1/79 C-1/80 C-1/81 C-1/82 C-1/83 C-1/84 C-1/85 C-1/86 C-1/87 C-1/88 C-1/89 C-1/90 C-1/91 C-1/92 C-1/93 C-1/94
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 CASE NUMBER: C16-2021-0003 DATE: June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne ABSTAINING ___-____Don Leighton-Burwell (no vote/late) ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building.(G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. C-2/1 BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Veronica Rivera motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO APRIL 12, 2021. (RENOTICE) VARIANCE REQUESTED: RENOTICE The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, (H) to allow for all twelve (12) signs, nine (9) …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0078 BOA DATE: August 9th, 2021 ADDRESS: 1305 W 42nd St OWNER: Malicca Homes LLC COUNCIL DISTRICT: 10 AGENT: William Hodge ZONING: SF-3 LEGAL DESCRIPTION: .1543 AC OF BLK 8 HANCOCK LEWIS SUBD VARIANCE REQUEST: decrease the minimum lot width from 50 feet to 48 feet SUMMARY: erect a Single-Family home ISSUES: unplatted tract Site North South East West SF-3 CS SF-3 SF-3 SF-3 ZONING LAND USES Single-Family General Commercial Service Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Central Austin Urbanists Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin Rosedale Neighborhood Assn. SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group D-1/1 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS C15-2021-0078 CASE#: LOCATION: 1305 W 42ND STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 292 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. D-1/2 Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 1305 West 42nd Street 78731 ____________________________________________________________________________ 0.1543 acres of Lewis Hancock Subdivision (per TCAD); West 48 feet of east 144 feet of north ____________________________________________________________________________ 140 feet of Block 8 of the Lewis Hancock 20 Acre Tract Subdivision (per deed) _________________________________ n/a _____________________________ 8 _________________________________ _____________________________ ___________________________________________________________________ SF-3 ________________________________________________ William Hodge AIA ________________________________________________ Martha-Cary Sadler, Malicca Homes LLC June 10 2021 ______________________________________________________________ single-family residence ____________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 4 of 8 D-1/3 25-2-492, Site Development Regulations. I am seeking a variance to reduce the minimum lot ____________________________________________________________________________ width requirement for the subject property from 50' (per 25-2-492, Table [D]) to 48' (as ____________________________________________________________________________ surveyed) so as to construct a single-family residence. ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings the property does not meet minimum lot width requirements for its zoning district and the ____________________________________________________________________________ property is not a legal lot but rather the result …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0079 BOA DATE: August 9th, 2021 ADDRESS: 6506 Hergotz Ln OWNER: Paul Le COUNCIL DISTRICT: 3 AGENT: Daniel Dugan ZONING: SF-3 LEGAL DESCRIPTION: ABS 24 DELVALLE S ACR .0959 VARIANCE REQUEST: decrease the minimum Front Yard Setback from 25 feet to 10 feet SUMMARY: erect a Single-Family home ISSUES: topography 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 NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition Del Valle Independent School District Dog’s Head Neighborhood Association Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation SELTexas Sierra Club, Austin Regional Group D-2/1 H E R G O T Z K I M B L E H E R G O T Z ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0079 6506 HERGOTZ LANE This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 292 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. D-2/2 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: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0080 BOA DATE: August 9th, 2021 ADDRESS: 74 San Saba St –Unit 2 OWNER: Darius Fisher COUNCIL DISTRICT: 3 AGENT: Micah King ZONING: SF-3-NP (Holly) LEGAL DESCRIPTION: LOT 3 BLK 7 & 8FT ADJ ALLEY OLT 41-42&53 DIV O RILEYS SUBD VARIANCE REQUEST: a) decrease rear yard setback from 10 ft. to 2.1 ft. b) decrease interior yard setback from 5 ft. to 3.9 ft. c) increase impervious cover from 45% to 47.8% SUMMARY: maintain 2nd FL wood deck ISSUES: size and configuration of lot 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 Del Valle Community Coalition East Austin Conservancy 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 D-3/1 D E R D MIL CESAR CHAVEZ A R A L C CANTERBURY S E L A N R E D E P S LIU U J WILLOW A B A N S A S O N A L L 3RD 2ND Y E L L A V T N A S A E L P ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0080 74 SAN SABA STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 292 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. D-3/2 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 Micah J. King Senior Associate June 29, 2021 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department Re: Request for Variance to Preserve Existing Deck at 74 San Saba Street (the “Property”) On behalf of the owner of the above-referenced Property, please accept the enclosed request for a variance to preserve an existing wooden deck at …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0081 BOA DATE: August 9th, 2021 ADDRESS: 1308 W 9th Half St OWNER: Maryelaine Sotos COUNCIL DISTRICT: 9 AGENT: Amanda Swor ZONING: SF-3-NP (Old West Austin) LEGAL DESCRIPTION: LOT 4 BLK 2 OLT 4 DIV Z HANCOCK SUBD VARIANCE REQUEST: increase the F.A.R from .4 to 1.0 (required) to .46 to 1.0 SUMMARY: addition/remodel existing Single-Family home ISSUES: small house maxed out 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 Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Old West Austin Neighborhood Association Old West Austin Neighborhood Plan Contact Team Preservation Austin SELTexas Save Historic Muny District Shoal Creek Conservancy Sierra Club, Austin Regional Group D-4/1 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS C15-2021-0081 CASE#: LOCATION: 1308 W 9TH 1/2 STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 292 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. D-4/2 D-4/3 D-4/4 D-4/5 D-4/6 D-4/7 D-4/8 D-4/9 D-4/10 D-4/11 D-4/12 ADVANCED PACKET C15-2021-0081 2021-000067-BA / C15-2021-0081 D-4/13 ARCHITECT'S DRAWINGS 2021-000067-BA / C15-2021-0081 D-4/14 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/15 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/16 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/17 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/18 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/19 1 8 …
E-1/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0027 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase from 45% (maximum allowed) to 50% (requested), in order to construct a swimming pool to an existing Single-Family residence in an “SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021; POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; JUNE 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 POSTPONED TO AUGUST 9, 2021 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: E-1/2 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 Chair E-1/3 E-1/4 E-1/5 E-1/6 E-1/7 E-1/8 E-1/9 E-1/10 E-1/11 E-1/12 E-1/13 E-1/14 E-1/15 E-1/16 E-1/17 E-1/18 E-1/19 E-1/20 E-1/21 CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0027 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0055 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Ruben Valdez ADDRESS: 1206 W OLTORF 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 Front Yard Setback from 25 feet (required) to 0 feet (requested) in -Family-Neighborhood -6- Plan zoning district (Bouldin Creek Neighborhood Plan). Cohen, Board Member Melissa Hawthorne motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO AUGUST 9, 2021. June 14, 2021 The public hearing was closed by Chair Jessica 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 ____________________________ Diana Ramirez for Jessica Cohen Chairman E-2/1 E-2/2 E-2/3 E-2/4 BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0055 BOA DATE: June 14th, 2021 ADDRESS: 1206 W Oltorf St OWNER: Ruben Valdez COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-6-NP (Bouldin Creek) LEGAL DESCRIPTION: LOT 5 BLK A SOUTHWOOD SEC 1 VARIANCE REQUEST: decrease minimum front yard setback from 25 ft. to 0 ft. SUMMARY: maintain a carport and covered entry ISSUES: heritage tree, crime on the rise in the area ZONING LAND USES Site SF-6-NP North MF-3-NP South East West SF-3 SF-6-NP SF-6-NP Single-Family Multi-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bouldin Creek Neighborhood Association Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition E-2/5 June 3, 2021 RUBEN VALDES 1206 W Oltorf St Austin TX, 78704 Re: C15-2021-0055 Dear Ruben, Property Description: LOT 5 BLK A SOUTHWOOD SEC …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 CASE NUMBER: C15-2021-0056 DATE: Monday July 12, 2021 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Andrea Hamilton OWNER: Chase & Andrea Hamilton ADDRESS: 3006 GLENVIEW AVE 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 5 feet (requested) in order to erect a detached garage/office in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Windsor Road 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: BOA JULY 12, 2021 POSTPONED TO AUG 9, 2021 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 Chair E-3/1 5/14/2021 E-3/2 July 9, 2021 Andrea Hamilton 3006 Glenview Ave Austin TX, 78703 Re: C15-2021-0056 Dear Andrea, Property Description: N 55 FT OF LOT 3 BLK 7 BRYKERWOODS B Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from Land Development Code Section 25-2- 515 (Rear Yard Through Lot) in order to reduce the required rear setback from 25’ to 5’. Austin Energy opposes approving this request until further detail regarding clearances can be provided. While the request is similar to others approved in the area, for complete assurance, Austin Energy requests that the owner/applicant provide elevations of the proposed new structure, showing the building is able to meet the minimum horizontal clearance of 7 feet 5 inches from the outmost conductor, as required by Austin Energy’s Design Criteria Section …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0062 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Christen Steen ADDRESS: 3401 RIVERCREST DR 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 15 percent and not 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 48 percent (requested), (53% existing) (b) more than 25 percent from 10 percent (allowed) to 49 percent (requested), (54.25% 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 percent (requested), (4.41% existing) (d) percent (requested), (0.83% existing) in order to erect a Single-Family + associated improvements 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 4, 1965 increase maximum impervious cover on a slope gradient greater than 35 percent to 3 The overall change in IC is from 21.51% to a proposed 20.89% IC, or 8,084 SF IC to 7,883 SF IC, when calculated on a gross lot area basis. E-4/1 BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021 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 Diana Ramirez for ____________________________ Jessica Cohen Chair E-4/2 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-5 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0067 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Scott Jacobs ADDRESS: 2003 ARPDALE ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size requirement from 5,750 square feet (required) to 5,500 square feet (requested) in order to maintain an existing Residence and Accessory Structure in a “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021 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: E-5/1 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair E-5/2 PLEASE DISREGARD ALL INFORMATION SUBMITTED IN JULY ADVANCED PACKET. PLEASE ONLY REVIEW WHAT HAS BEEN SUBMITTED IN THE AUGUST ADVANCED PACKET AS THE JULY ADVANCED PACKET IS NO LONGER VALID. THANK YOU, SCOTT E-5/3 ADVANCED PACKET PREPARED BY OWNER/APPLICANT: SCOTT JACOBS LEGAL DESCRIPTION: WEST 55’ OF LOT 16, BLOCK 8 RABB INWOOD HILLS ZONING DISTRICT: SF-3 2003 ARPDALE ST. 7/5/2021 Advanced Packet 1 E-5/4 CONTENTS Residential Permitting requires the lot size variance in order to remove the hold on the permit ............... 3 Outstanding issues and resolutions .............................................................................................................. 4 Photos of Accessory Structure ...................................................................................................................... 5 7/5/2021 Advanced Packet 2 E-5/5 RESIDENTIAL PERMITTING REQUIRES THE LOT SIZE VARIANCE IN ORDER TO REMOVE THE HOLD ON THE PERMIT In order to repair the structure from the water damage resulting from the winter freeze in February, a variance must be approved to release the permits which are currently on hold. A new site plan will reduce building and impervious coverages, eliminating the need for the two variances related to coverage stated in the letter …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-6 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0068 ___Y____Thomas Ates ___Y____Brooke Bailey ___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 ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: John Hussey OWNER: Berry Shawn Cox ADDRESS: 1411 GASTON AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 52.79% (requested) an additional 753 square feet, in order to add an addition to an existing single family residence in an “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Windsor Park Neighborhood Plan) Note: per Ordinance 20060727-084, this property was allowed to exceed the 40% and was granted 46.07% BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to August 9, 2021; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO AUGUST 9, 2021. 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: E-6/1 (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 Chair E-6/2 From: To: Subject: Date: Ramirez, Elaine C15-2021-0068 - 1411 Gaston Ave Friday, July 16, 2021 10:42:33 AM *** External Email - Exercise Caution *** As you know, our case for 1411 Gaston Avenue was postponed to the August agenda. The owner has requested we withdraw the request. Is there a formal process to request the withdrawal? Hi Elaine, Thanks John Hussey Site Specifics 512-472-5252 (O) 512-589-3531 (C) CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-6/3 July …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-10 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0074 ___Y____Thomas Ates ___Y____Brooke Bailey ___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 ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Sean O’Brien ADDRESS: 5607 HIGHLAND CREST DR VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-773 (Duplex Residential Use) (B) (5) (b) from two stories (maximum allowed) to three stories (requested) in order to erect a Duplex Residential use in an “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to August 9, 2021; Board Member Carrie Waller seconds on a 11-0 vote; POSTPONED TO AUGUST 9, 2021. 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: E-7/1 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair E-7/2 July 6, 2021 Sean OBrien 5607 Highland Crest Dr Austin TX, 78731 Re: C15-2021-0074 Property Description: LOT 2 HIGHLAND CREST DRIVE SUBD Dear Sean, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from Land Development Code 25-2-773 (Duplex Residential Use) to increase the maximum building height of 30’ or 2 stories, to 3 stories. Austin Energy does not opposed the request, provided that 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 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. …
BOA Monthly Report July 2021-June 2022 July12, 2021 Granted 6 Postponed 7 1) 13-2-862 (G) (Signs Authorized in all Districts) from a) sign area 32 square feet and b) 6 feet height above grade 2) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback 3) 25-2-492 (Site Development Regulations) a) to decrease the minimum Lot Size requirements and b) to decrease the minimum Front Yard Setback 4) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Rear Yard Setback and b) Section 25-5-774 (Two-Family Residential Use) (C) (2) (a) which requires an Accessory Dwelling Unit to be located at least 10 feet to the rear or side of the principal structure 5) 25-2-774 (Two-Family Residential Use) (C) (5) (a) from 1,100 total square feet (maximum allowed) to 1,150 square feet (requested) and (b) from 550 square feet on the second story 6) 25-2-899 (D) (E) (F) (Fences as Accessory Uses) to increase the height permitted 1) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 2) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 3) 25-2-551 (Lake Austin District Regulations) (C) (3)(a) impervious cover 4) 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size 5) Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R 6) 25-2-773 (Duplex Residential Use) (B) (5) (b) from two stories 7) 25-2-492 (Site Development Regulations) from Impervious Cover requirements increase the maximum Denied 1 1) 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off-Street parking and Loading Requirements) to reduce the number of required parking spaces Withdrawn 1 1) 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size requirement Discussion Items 4 July 2021. Interpretations 0 new inquiries (Added july# 2021) The deposition of the case items: 6 A. Granted 7 B. Postponed 1 C. Withdrawn D. Denied 1 E. Discussion Items 4 F-1/1
§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. F-3/1 ARTICLE 3. - PROCEDURES FOR APPEALS Division 1. - Reserved.[2] Footnotes: --- (2) --- §§ 2-5-41—2-5-45. - RESERVED. Division 2. - Appeals. § 2-5-61 - GENERAL PROVISIONS FOR APPEALS. Editor's note— Ord. No. 20170518-014 >, Pt. 4, effective May 29, 2017, repealed §§ …
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. F-4/1
Austin Moxy Hotel 2552 Guadalupe Street Austin, Texas Exterior Building Signage City Presentation Babendure Design Group 8140 Walnut Hill Ln. #950 Dallas, Texas 75231 214.265.1960 214.265.5552 (fax) www.babendure.com Signage & Wayfinding Design Specialists 1 C-2/1-PRESENTATION F E A B C D 5 4 1 3.2 3.1 1 OVERALL SITE PLAN Scale: 1/16"=1'-0" Sign Location Plan 2 7 Existing single story building on adjacent lot (Owned by another party) Existing single story building on adjacent lot (Owned by another party) Existing single story building on adjacent lot (Owned by another party) Babendure Design Group8140 Walnut Hill Ln. #950Dallas, Texas 75231214.265.1960214.265.5552 (fax)www.babendure.comAustin Moxy HotelAustin, TexasExterior Building SignageNovember 18, 2020C-2/2-PRESENTATION 1 RESTAURANT IDENTITY Projecting Sign Box with push-through Restaurant Logo Top of Sign = 12’-8” above grade 3.1 MENU DISPLAY Located to left of windows. Top of Sign = 6’-0”above grade. 3.2 MENU DISPLAY Located to left of windows. Top of Sign = 6’-0”above grade. 4 5 PICK UP WINDOW IDENTITY Box sign with white push-through graphics. Top of Sign = 8’-0” above grade. ORDER WINDOW IDENTITY Box sign with white push-through graphics. Top of Sign = 8’-0” above grade. BILLBOARD (Owned By Another Party) 1 A B 3.1 4 3.2 5 EAST ELEVATION SCALE: 1/16” = 1’-0” 18'-3 1/2" (High Logo) 16'-3" (Low Logo) " 2 / 1 8 - ' 2 A Dimensional Letters to be Moxy pink. Top of Sign - 58’-8” above grade. " 6 - ' 1 " 2 / 1 4 - ' 2 B Dimensional Letters to be Moxy pink. Top of Sign - 14’-8” above grade. D C Dimensional Letters mounted on the canopy ledge. Color to be Moxy pink. Top of Sign - 14’-2” above grade. Projecting Sign Box with push-through graphics. Logo to be Moxy pink day. Top of Sign - 22’-8” above grade. East Elevation High and Low Level Signs 3 Babendure Design Group8140 Walnut Hill Ln. #950Dallas, Texas 75231214.265.1960214.265.5552 (fax)www.babendure.comAustin Moxy HotelAustin, TexasExterior Building SignageNovember 18, 2020C-2/3-PRESENTATION 18'-3 1/2" 16'-3 1/2" " 8 / 1 8 - ' 2 " 2 / 1 7 - ' 3 A " 8 / 5 9 " 2 / 1 2 " 1 1 - ' 1 " 4 - ' 2 LOCATION A HIGH LEVEL WALL IDENTITY FRONT ELEVATION • AREA CALCULATION: 60 SQFT Top of Sign = 58’-8” above grade. SCALE: 1/4” = 1’-0” 2 1/2" 6'-0" 5'-7" 1 3/4"Stroke Width 1" …
August 2, 2021 William Hodge 1305 W 42nd St Austin TX, 78756 Re: C15-2021-0078 Property Description: .1543 AC OF BLK 8 HANCOCK LEWIS SUBD Dear William, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from Land Development Code Section 25-2- 492 – Site Development Regulations, In order to reduce the minimum lot width. Austin Energy does not oppose the request to reduce the minimum lot width from 50’ to 48’, provided that that any existing structures or improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing electric facilities will be at the ownwer’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. Joseph Beeler, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602
My client's intention is to construct a new single-family residence at 1305 West 42nd Street. But the property is not a platted lot. As such, we need an exemption from platting to receive a building permit. We cannot currently receive an exemption from platting because: (1) (2) The property was first conveyed in its current configuration after the property became subject to the City of Austin's jurisdiction over the subdivision of land; and, The property does not meet the minimum lot width requirement for its zoning district (SF-3). (The property is not in a neighborhood planning area that has adopted Small Lot Amnesty; therefore, the minimum lot width requirement is 50'—but our property is only 48' wide.) Per LDC 25-4-2, D, (5), we can receive an exemption from platting if the Board of Adjustment grants a variance from minimum lot width requirements. With such a variance, we can receive a building permit. Without such a variance...this lot is unbuildable. We hereby request a variance. This document is issued under the s e a l o f W I L L I A M L A W R E N C E HODGE, Texas architect #19074. T h i s i s a S C H E M A T I C D E S I G N d o c u m e n t a nd a s s u c h i s F O R I N F O R M A T I O N O N L Y . T h i s d ocum e nt is not for r eg ul at or y a pp rov al , ap pr ais al , pr i cing , or construction. All room dimensions are approximate and are rounded to t h e n e a r e s t f o ot u n l e s s no t e d otherwise. All areas are approximate and are rounded to the nearest foot u n l e s s n o t e d o t h e r w i s e . W I L L I A M H O D G E A I A A R C H I T E C T 4 8 0 1 S C O N G R E S S A V E # N 3 A U S T I …
August 2, 2021 Charles Dunigan 6506 Hergotz Ln Austin TX, 78742 Re: C15-2021-0079 Property Description: ABS 24 DELVALLE S ACR .0959 Dear Charles, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-492 – Site Development Regulations in order to reduce the minimum front yard setback in the SF-3 from 25 feet to 10 feet. 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. Joseph Beeler, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741
Variance Request For 6506 Hergotz Lane, Austin, TX 78742 D-2/1-PRESENTATION Variance Request ● Requesting variance from Land Development Code section 25-2-492 Site Development Regulations for a SF-3 residential property for a Front Yard setback of 25 ft (required) to 10 ft (requested), on behalf of owner. ● More than 50% of Lot Area is unbuildable due to steep drop-off to river bank. Drop-off occurs approximately 40’ from front property line into the 103’-deep lot. ● All nearby existing houses on the same (north) side of Hergotz are firmly within 25’ of front property line. ● Property Information ○ ○ ○ ○ ○ Tax Parcel ID: #826895 Legal Description: ABS 24 DELVALLE S ACR .0959 Lot Area: 4,177.4 SF Zoning District: SF-3 Elevation change within lot: ~ -44 ft to river bank Presentations That Making Stick A guide by Chip Heath & Dan Heath D-2/2-PRESENTATION Property Location 6506 Hergotz Lane ● ● Located approximately 0.3 miles East of Bastrop Highway, along the south bank of the Colorado River. Lot overlaps with effective bank of the Colorado River. Presentations That Making Stick A guide by Chip Heath & Dan Heath D-2/3-PRESENTATION Presentations That Making Stick A guide by Chip Heath & Dan Heath D-2/4-PRESENTATION Presentations That Making Stick A guide by Chip Heath & Dan Heath D-2/5-PRESENTATION Presentations That Making Stick A guide by Chip Heath & Dan Heath D-2/6-PRESENTATION Proposed Development ● Approx. 1,200 SF 2-Story Single-Family Residence ● Requested Front Yard Setback: 10’ D-2/7-PRESENTATION
August 2, 2021 Micah King 74 San Saba St Unit 2 Austin TX, 78702 Re: C15-2021-0080 Property Description: LOT 3 BLK 7 & 8FT ADJ ALLEY OLT 41-42&53 DIV O RILEYS SUBD Dear Micah, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-492 to reduce the minimum side setback in Zone SF-3-NP from 5 feet to 3.9 feet, and to increase impervious cover from 45% to 47.8%. 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. Joseph Beeler, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602
Variance Request 74 San Saba Street C15-2021-0080 The Board of Adjustment August 9, 2021 Item D-3 Micah King (Husch Blackwell LLP) D-3/1-PRESENTATION Requested Variances To provide reduced max. impervious cover of 41.38% (40% required outside the primary and secondary setbacks in the Festival Beach subdistrict of the Waterfront Overlay) To reduce the min. side setback from 5′ to 3.9′ To reduce the min. rear setback from 10′ to 2.1′ To preserve an existing deck that serves the rear, upper-level residential unit built in 1930, and which provides a secondary point of egress and outdoor living space for the small rear unit. 2 D-3/2-PRESENTATION Overview Approval would result in a net reduction to the amount of impervious cover in the Waterfront Overlay as we are proposing to demolish and remove existing impervious cover (a concrete walk and stone pads) as part of the request. 40%: Max. impervious cover outside the primary and secondary setbacks in the Festival Beach subdistrict of the Waterfront Overlay. 47.8%: Existing impervious cover. 44.14%: Impervious cover prior to deck construction. 41.38%: Amount of requested impervious cover. 3 D-3/3-PRESENTATION Property Location Map 4 D-3/4-PRESENTATION 5 D-3/5-PRESENTATION Photo of the Rear Unit 6 D-3/6-PRESENTATION Photo of the Deck 7 D-3/7-PRESENTATION Photo of the Side Setback (Showing Alignment of Deck with Pre-Existing Unit) 8 D-3/8-PRESENTATION Examples of Area Setback Encroachments 9 D-3/9-PRESENTATION Reasonable Use The zoning regulations do not allow for a reasonable use of the property because they would preclude being able to preserve an existing deck for the upstairs rear residential unit, which increases the fire safety for residents by providing a secondary point of egress in case of emergency and which increases the quality of life for residents. The deck is set back approximately 10 feet from the originally-platted lot line of the property to the rear, and the side of the deck is in line with the side of the existing structure from 1930 which it serves. 10 D-3/10-PRESENTATION The Hardship is Unique to the Property The hardship is unique to the property because options for where to place the deck are constrained by the locations of the original residential structures and the fact that the rear structure was constructed close to the rear property line and by the need to provide a gap between the existing houses for access and fire safety. 11 D-3/11-PRESENTATION The …
August 2, 2021 Amanda Swor 1308 W 9th Half St Austin TX, 78703 Re: C15-2021-0081 Property Description: LOT 4 BLK 2 OLT 4 DIV Z HANCOCK SUBD Dear Amanda, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from Land Development Code Section 25-2 – Maximum Development regulations. Austin Energy does not oppose the request to reduce the amount of permitted development, provided that any proposed and existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA regulations. Any removal or relocation of existing electric 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. Joseph Beeler, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602
1308 West 9 ½ Street C15‐2021‐0081 Board of Adjustment August 9, 2021 D-4/1-PRESENTATION Request ‐ Chapter 25‐2, Subchapter F, Article 2, § 2.1 Allow an increased floor‐to‐area ratio from 0.4:1 to 0.46:1. D-4/2-PRESENTATION Site Location D-4/3-PRESENTATION Site Location D-4/4-PRESENTATION Site Details • SF‐3‐NP: • Family Residence – Neighborhood Plan • 0.1806 acres / 7,865.6 square feet • Single‐Family Use • Old West Austin Neighborhood Plan • No FLUM exists for this NP D-4/5-PRESENTATION Zoning D-4/6-PRESENTATION D-4/7-PRESENTATION BOA Guidebook ‐ Findings From the BOA Guidebook (pg. 7) • The regulation deprives the property of a “reasonable use” that is fundamental to its use and enjoyment and is allowed by zoning ordinance. • The property is zoned SF‐3 which is intended for use a single‐family residential use. The regulations that exist do not allow for the existing family to continue to reside in the structure. A four‐bedroom home is a reasonable single‐family use. • A hardship that is unique to the property and not common to the area. • The 156 square foot ADU counts toward the FAR but is space that cannot be allocated toward a child’s bedroom. • The existing structure is designed in such a way that an additional bedroom cannot be remodeled into the space. • Granting the variance would not change the character of the neighborhood, impair the use of adjacent property, or impair the purpose of the regulations. • With the proposed addition, the building footprint will not expand, and the addition is going on top of an existing flat roof, therefore there is no additional impervious cover or building coverage. The addition would also fully comply with the McMansion building envelope. D-4/8-PRESENTATION Outreach • Outreach to nearby property owners. • Four letters of support received for the variance request. D-4/9-PRESENTATION No Similar Homes Nearby D-4/10-PRESENTATION Proposed Addition D-4/11-PRESENTATION Findings • A four‐bedroom home is a reasonable single‐family use. • The hardship is the design of the property makes an interior remodel to add a bedroom infeasible. • The variance will not alter the character of the area and will not impair the purpose of regulations because the proposed addition will not expand the building footprint, impervious cover, or building coverage. • There will be no adverse impact: We have support from adjacent neighbors. D-4/12-PRESENTATION Variance Request We respectfully request that you grant a variance to increase the floor‐to‐area ratio to 0.46 to 1.0. D-4/13-PRESENTATION D-4/14-PRESENTATION …
August 2, 2021 Andrea Hamilton 3006 Glenview Ave Austin TX, 78703 Re: C15-2021-0056 Property Description: N 55 FT OF LOT 3 BLK 7 BRYKERWOODS B Dear Andrea, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-515 (Rear Yard Through Lot) in order to reduce the required rear setback from 25 feet to 5 feet. After reviewing the addition materials provided by the applicant, 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. Joseph Beeler, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602
E-4/1-PRESENTATION 3401 RIVERCREST DRIVE Case #C15-2021-0062 VARIANCE REQUEST – 3401 RIVERCREST E-4/2-PRESENTATION Portion of the City of Austin Land Development Code applicant is seeking a variance from: -LDC 25-2-551 Propose to amend the impervious cover: • • • • from 53% in the 0-15% slope to 48%, from 54.25% in the 15-25% slope to 49% from 4.41% in the 25-35% slope to 18%, and from .83% in the35%+ slope to 3%. This change in IC is from 21.51% to a proposed 20.89% impervious coverage, or 8,084 SF IC to 7,883 SF IC when calculated on a gross lot area basis. 3401 RIVERCREST – PRIVATE DRIVEWAY ENTRANCE E-4/3-PRESENTATION 3401 RIVERCREST – PRIVATE DRIVEWAY ENTRANCE E-4/4-PRESENTATION 3401 RIVERCREST – DRIVEWAY ENTRANCE / PARKING E-4/5-PRESENTATION 3401 RIVERCREST – PRIVATE DRIVEWAY AREA / ENTRANCE E-4/6-PRESENTATION 3401 RIVERCREST – DRIVEWAY / FRONT YARD VIEW E-4/7-PRESENTATION 3401 RIVERCREST – FRONT YARD VIEW E-4/8-PRESENTATION 3401 RIVERCREST – ENTRANCE VIEW FROM PARKING AREA E-4/9-PRESENTATION 3401 RIVERCREST – PARKING AREA / RETAINING WALL E-4/10-PRESENTATION 3401 RIVERCREST - FAILING RETAINING WALL DETAIL E-4/11-PRESENTATION 3401 RIVERCREST - FAILING RETAINING WALL DETAIL E-4/12-PRESENTATION 3401 RIVERCREST – RETAINING WALL E-4/13-PRESENTATION 3401 RIVERCREST – RETAINING WALL E-4/14-PRESENTATION 3401 RIVERCREST – RETAINING WALL SIDE VIEW E-4/15-PRESENTATION 3401 RIVERCREST – RETANING WALL SIDE VIEW E-4/16-PRESENTATION 3401 RIVERCREST – RETAINING WALL AERIAL VIEW E-4/17-PRESENTATION 3401 RIVERCREST – CONSTRUCTION PATH / PARKING AREA VIEW E-4/18-PRESENTATION 3401 RIVERCREST – B ACKYARD / ELEVATED SLOPE E-4/19-PRESENTATION 3401 RIVERCREST – EXISTING POOL E-4/20-PRESENTATION 3401 RIVERCREST – EXISTING POOL E-4/21-PRESENTATION
2003 Arpdale Street BOA Presentation AUGUST 2021 E-5/1-PRESENTATION Variance Summary § 25‐2‐492 (Site development regulations) to decrease the minimum lot size from 5,750 square feet (required/permitted) to 5,500 square feet (requested/existing) Why is this variance being requested? City staff have determined that a variance from the minimum lot size is required before building and plumbing permits can be issued and finalized to correct previous work without a permit (dating back to ~1990), bring the property up to code, and repair damage from the recent freeze. Most properties in the subdivision were platted in the forties or fifties at 6,000 square feet or more, and so they were unaffected when the minimum lot size of 5750 sf went into effect. It appears, however, that sometime after the house and garage were built, a portion of this lot was sold. The resulting deficiency was not recognized until about 5 years ago. This circumstance is unique within this area. The purpose of the variance is to maintain the existing structures and bring the property into compliance with current regulations. That will include closing an unpermitted curb cut, removing an unpermitted kitchen sink, providing two code‐compliant parking spaces, and reducing excessive impervious cover and building cover, which should serve to restore the property’s compatibility with adjacent properties. The variance request is to allow the City to issue plumbing and building permits so that the owner may move forward with repairs and address previous code violations in an SF‐3 zoning district. The property will not be used for two‐family use and will only be occupied as a single dwelling. 2 E-5/2-PRESENTATION Request from Residential Permitting Site plan on next slide addresses building and impervious coverage issues. A variance for these conditions will not be necessary. 3 E-5/3-PRESENTATION Current Survey and Proposed Site Plan Current Survey Proposed Site Plan 4 E-5/4-PRESENTATION Photos of Structure 5 E-5/5-PRESENTATION
Board of Adjustment Meeting August 9, 2021 (Versión en español a continuación) Board of Adjustment to be held August 9, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (Aug 8, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the August 9, 2021 Board of Adjustment Meeting, members of the public must: • Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (Aug 8, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). • Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. • Speakers must call in at least 15 minutes prior to meeting start time 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 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. • If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment - FECHA de la reunion (August 9, 2021) 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 (Aug 8, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion August 9, 2021, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (August 8, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de …
August 2, 2021 Ms. Elaine Ramirez Planner Senior / Board of Adjustment Liaison 6310 Wilhelmina Delco Dr., Austin, Texas 78752 Elaine.Ramirez@austintexas.gov Re: 715 W 23rd Street (C16-2021-0008) – Postponement request for the variance application associated with the property located at 715 W 23rd Street (the “Property”) As representatives of the owner of the Property, we respectfully request a postponement for the variance application relating to the Property from the Austin 9, 2021 Board of Adjustment to the September 13, 2021 Board of Adjustment meeting. Please let me know if you have any questions or if we can provide any additional information. Thank you for your time and attention to this matter. Dear Ms. Ramirez: Sincerely, Leah M. Bojo Director of Land Use & Entitlements Drenner Group, P.C. 200 Lee Barton Drive, Suite 100 | Austin, Texas 78704 | 512-807-2900 | www.drennergroup.com C-1/1-LATE BACKUP
D-1/1-LATE BACKUP D-1/2-LATE BACKUP D-1/3-LATE BACKUP Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commissioll, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. A11 comments received will become part of the public record of this case. Case Number: C1,5-2021-0078 C ontact : Elaine Ramirez ; e la"ine.ramil"e""p@austintg"Sas " gqy gth 2021 Public Board of Ad /W! /(€flN1y' Your lrlcune (please print) fKr:19 f /o/t 4,o*D*La 4uL You" address(es1 aJfected by this application B I am in favor O r object 2/ Daytime Telephone: Signature / 2- 3 Date i:; z2 If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez S can & Email to : eiaine.rainire4.fCI,austi$lpx as. gq v D-1/4-LATE BACKUP From: To: Subject: Date: kimbrough gray Ramirez, Elaine BOA case for 1305 West 42ND Sunday, August 08, 2021 9:26:31 PM *** External Email - Exercise Caution *** I am writing in favor of the variance for 1305 West 42nd. We own the property at 1203 West 44th. I think this property would fit in with the neighborhood character. In fact the house next door at 1303 W 42nd has 3041 of FAR. So if the request is granted this house would have less FAR than its neighbor. I hope you consider my input to GRANT this variance. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. D-1/5-LATE BACKUP
Case Nu皿ber: C15-2021-0080 Contact: Elaine Ramirez; elaine.ramirez@austintexas.qov Public Hearing: Board of Adゴust劃ent; August 9th′ 2021 ( 〉 工 a血in favo重 (Ⅹ)工 Object Da七e Corments: エmpervious coverage is very important! エt effects the |andscape effectively absorbing rainfall, Which is extreme|y important in the Åustin area! Knowing or unknowingly preventing this from happening has strict guidelines which al| of us MUS甲 f01low, NO甲 by choice! Having appea|ed my property taxes several times,工,ve discovered building and additions to properties without a Permit are more cormon than some would believe.冒hose of us tha亡 begin 亡he process by obtaining a City Bui|ding Permit Pay a fee for the permit. Thus we pay more from the start! From that calendar year our property taxes wi|| remain higher, While those without a permit by-PaSS this expense and deprive the 冒ravis Central Appraisal District of additiona| revenue.工gnorance of the law is NO EXCUSE! The individual(S) this situation applies to is NOT alone. However, that does NO甲 make this process legal and COrreCt. Showing up for an Åppeal with this (non-Permit) information ‘‘stalls the hearing.′′ 工,ve wri亡ten at least two |etters to the head of TCAD with my findings and concerns. 工n addition, 工,ve made suggestions to correct. To date, エーve received not reply. 甲hanks for reading this far. Page One of One D-3/1-LATE BACKUP D-3/2-LATE BACKUP O = - J ) ) a J=5tt , \ c UJD ZZ Z aOo . !t _ ) J a c d oq( - ) o - )o== " o( aZc - . . _ . E o ao$ -o - = - c , ' ' 5 0 : ( J E x p q A ! - : 2> c - - . = = , , - a ) YE N ^ > ,) . - : i X ) > ; > _ o ' - , e > r = , ( J . : . n > ! : - q a J ( J o U F I . ^ U o + L . " = 3 " j a , h E E y O a 0 c r i ' ? = E u : s . ' = 9 Y 5 X > U , s . 6 , ? O r : ! - - a . - q l ^ - : a a = - a t …
From: To: Subject: Date: Ramirez, Elaine RE: C15-2021-0081 Saturday, August 07, 2021 7:06:33 PM *** External Email - Exercise Caution *** August 7, 2021 RE: C15-2021-0081 Dear Board of Adjustment Commissioners, I live in the neighborhood and have property within 500 feet of the proposed addition at 1308 West 9½ Street, Austin, TX, 78703. I am not in support of the request by Maryelaine Sotos and Bill Schurtz to increase the FAR for this property and the maximum square footage from 3,146 to 3,646. I strongly oppose this request, for these reasons: • I see absolutely no hardship in this case. According to the city of Austin building permits, the single-family homes’ total new/addition building square footage is 3,618 sf and the ADU is 312 sf. The lot is 7,877 sf. • This home is fairly new having been built in 2017. It seems that the original owners built close to the maximum FAR. The current owners purchased the house two years ago. The time to research if the FAR would allow for expansion is before buying the property. • The point of FAR is to limit the size of the dwelling in relation to lot size. This lot is bigger than most in our neighborhood. • I believe the proposal would set a bad precedent, by dramatically expanding the existing, generous FAR for this SF3 zoning. • Granting this variance would open the door for other property owners who could use this action as precedent to build additional dense projects throughout this congested neighborhood by simply saying they need another bedroom. This precedent would then have an impact on the whole neighborhood. This could also lead to projects that need to have more impervious cover. The neighborhood and West Austin Park already have significant flooding issues. • One cannot compare the multi-family (MF-4 zoned) properties in the neighborhood to single-family residences. Obviously, any MF-4 structure houses a large number of people and families, so must, by definition, have a higher FAR. Respectfully, D-4/1-LATE BACKUP Mike Banghart CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. D-4/2-LATE BACKUP D-4/3-LATE BACKUP D-4/4-LATE BACKUP From: Bill Schurtz b Subject: Fwd: Your remodeling project Date: July 21, 2021 at 6:21 PM To: …
From: To: Cc: Subject: Date: Attachments: RUBEN VALDES Ramirez, Elaine Ramirez, Diana Re: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Friday, July 30, 2021 3:01:54 PM image003.png image004.png *** External Email - Exercise Caution *** I wanted to request if I can postpone my hearing to the following month. I have been struggling with Covid and still not doing to well. Hello Elaine, Thank you Ruben D. Valdes, EA, USTCP Enrolled Agent Admitted to represent Taxpayers before the IRS United States Tax Court Practitioner Member of the Bar, United States Tax Court Tax Professionals of Austin LLC 212 W Stassney Lane Austin, TX 78745 t: 512-676-0736 e: From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Friday, July 30, 2021 6:54 AM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Good morning Applicants on the Mon. August 9th, 2021 BOA mtg. Agenda, If you are receiving this message it is because I have not received your Presentation for the August 9, 2021 BOA mtg. The deadline is Mon. 8/2 before 3p.m. Regardless if you went before the Board last month or previous months, I will still need to receive a Presentation for your case, if you will be presenting one to the Board each month. E-2/1-LATE BACKUP Please read this entire e-mail The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is Monday, August 2nd, before 3p.m. Presentation: If you would like the Board to follow along with you as you are giving your presentation (slides of what you want the Board to follow along with as you are giving your 5 minute speech on the case), you will need to have your Presentation completed and sent to me in PDF format or PowerPoint to give to our City Technician as well as our BOA Board will have access to view this the week prior to the meeting . The Deadline for this is Monday, August 2nd, before 3p.m. No late Presentations or updated Presentations will be accepted after 3p.m. on Mon. August 2nd. The Presentation will need to be labeled with the following information: case #, address of project and name of Applicant speaking at the meeting. August 9th BOA Deadlines Please make sure that when submitting the Advanced Packet and the Presentation that each is labeled as such The deadline to submit information for the Advanced Packet (must be submitted in …
Ramirez, Elaine From: Sent: To: Subject: Attachments: Importance: High Friday, July 09, 2021 5:40 PM Ramirez, Elaine; Ramirez, Diana C15-2021-0056 3006 Glenview Avenue Agenda Item D-2 3006 Glenview 7-12-21 BOA case.pdf *** External Email - Exercise Caution *** Good afternoon Elaine and Diana, Please be sure that the Board of Adjustment members get the following position statement and attachment before the Monday, July 12, 2021 hearing. By the way, the Bryker Woods Neighborhood Association did not receive notification of this variance hearing from the City, rather we received it second hand from another neighborhood association. Thank you, Joyce Basciano Bryker Woods Neighborhood Association Dear Chair Cohen and Members of the Board of Adjustment, Re: C15‐2021‐0056 3006 Glenview Avenue Agenda Item D‐2 The Bryker Woods Neighborhood Association (BWNA) Board of Directors considered this variance request. In the case of through lots we are guided by the precedent set by the Board of Adjustment on Monday, September 8, 2014 in Case Number C15‐2014‐0115 (see attachment). That case involved another through lot on Glenview Avenue that backed up to Jefferson St. (3200 Glenview, cited in the backup for 3006 Glenview). The 2014 BOA Decision granted a variance decreasing the 25 ft setback to 10 ft from the property line, not 5 ft. A 10 ft rear lot setback is still reasonable for through lots on Glenview Avenue and is in keeping with the historic character of Jefferson St. Accordingly, we support a decrease of the 25 ft setback to 10 ft but oppose a decrease of the setback to 5 ft. Thank you for your service to the community, Joyce Basciano, for the Bryker Woods Neighborhood Association CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 E-3 /1-LATE BACKUP E-3 /2-LATE BACKUP E-3 /3-LATE BACKUP From: To: Subject: Date: Kathryn Timmerman Ramirez, Elaine C15-2021-0056 Thursday, July 29, 2021 3:31:40 PM *** External Email - Exercise Caution *** C15-2021-0056 Elaine, I live at 2908 Glenview Avenue, Austin, Texas 78703 and I writing you in support of the variance from the Land Development Code requested by Andrea Hamilton. Thank you, Kathryn Timmerman 512-825-8375 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links …
Lorraine L. Atherton __________________________________________________________________ 2009 Arpdale Austin, TX 78704 July 29, 2021 Board of Adjustment City of Austin Re: Variance request C15-2021-0067, 2003 Arpdale Dear Chair and Board Members, As a nearby homeowner and resident on Arpdale since 1983, I am an interested party in the case at 2003 Arpdale, E-5 on your August 9 agenda. This property has a long history of work without permits, beginning with remodeling of the house and expansion of the detached garage in the mid-1980s, and of code complaints. Because the work took place after the current code took effect, it does not qualify for administrative variances. The situation has been complicated by a lack of reliable surveys and confusion over the actual dimensions of the lot, and by the tendency of owners to resolve their code violations by applying for permits that are then allowed to expire without inspections. It came to a head several years ago when the current owner began advertising online and tried to rent out the property as three separate units, including short-term rentals. When the plumbing failed, requiring replacement of the sewer line, City inspectors stepped in. I was aware of an administrative hearing on some of the code violations (case number CL-2020-024957, scheduled for March 18, 2020) but have been unable to find the result of the hearing. The zoning committee of the Zilker Neighborhood Association does not support the use of Board of Adjustment variances to resolve code and work-without-permit issues like this, especially if it results in additional entitlements on the property. It is, however, in the best interests of the neighborhood to maintain the single-family residence and to have the property brought up to code for the health and safety of future residents. To that end, I worked with Susan Barr of Residential Plan Review to find the resolution described in the following email from May 2019: From: latherton Sent: Thursday, May 16, 2019 2:05 PM To: 'Barr, Susan' Subject: RE: 2003 Arpdale Appeal of BP #17-074166 Hello, Ms. Barr. 25-2-943. In response to your assessment that “the property owner needs to go to the BOA for a variance to the following: 1. minimum lot size since the property does not meet the requirements of LDC section 2. Building coverage and impervious cover if he is unwilling to reduce the square footages in order to come into compliance,” I and the Zoning Committee …
INTERACTIONS WITH ADJACENT PROPERTY OWNERS REGARDING BOA CASE 2021-000064 BA √ = able to make contact DATE ON WHICH APPLICANT SPOKE TO OWNER 2021/07/17 2021/07/24 2021/07/28 2021/08/06 2021/08/08 2021/08/09 Feedback √ √ 1301 W 42nd St Owner-occupied 1303 W 42nd St Owner-occupied 1307 W 42nd St Tenant-occupied 4111 Burnet Rd Under renovation 4107 Burnet Rd Owner-occupied 4105 Burnet Rd Tenant-occupied 4103 Burnet Rd Owner-occupied 4101 Burnet Rd Owner-occupied 4108 Lewis Lane Tenant-occupied 4106 Lewis Lane Tenant-occupied 4102 Lewis Lane Tenant-occupied 4100 Lewis Lane Tenant-occupied √ Not opposed, since variance is for a single-family residence Opposed; visited with owner to listen to her concerns and show her our plans; concerns somewhat allayed Unable to make contact Unable to make contact Did not wish to speak Unable to make contact Unable to make contact Unable to make contact Unable to make contact Unable to make contact Unable to make contact Unable to make contact
Tracy Claros 1313 West 9th ½ Street Austin, TX, 78703 08/09/2021 Case Number – C15-2021-0081 1308 West 9 ½ Street. Board of Adjustment Hearing 08/09/2021 – To whom it may concern, I would like to register an objection to the property – 1308 West 9 ½ Street being granted a variance to increase the Floor Area Ratio and build an addition to this property. My property is directly across the street from the house in question and I have concerns about an addition to this property which is proposed to be built onto the flat roof. Our street is a very small dead end street with houses of traditional Clarksville size and style. This property is already out of character, all be it an attractive property currently. This street and area has been blighted by several out of proportion sized properties that are not within city guidelines and are detrimental to the area and to the current residents. The house has used the maximum allowable area per city guidelines and at this time is in proportion and scale to the lot. Any increase would negate this and cause it to be outside permitted scale and mass and out of scale to the surrounding properties. I understand that a “hardship” needs to exist to get a variance from the city code. I am not aware of an existing hardship. The property has adequate area and it is unfortunate the area was used for air conditioned garage and pool guest house. I would appreciate if we could stay within the city guidelines and deny the variance for this property. Sincerely Tracy Claros 1313 West 9th ½ Street Tel: 512 484 9787
512 970-0884 Architect Jeff Jack 2008 B Rabb Glen St. Austin, Texas, 78704 Board of Adjustment August 9, 2021 Case No. C15-2021-0067 Agenda item E-5 Address: 2003 Arpdale Street, Austin Texas 78704 Applicant: Scott Jacobs, Owner Board Members I am writing to register my Non-opposition to this variance requests in support of the Zilker Neighborhood Association position that is dependent on the granting of this variance to the minimum lot size ONLY and without any additional increase in entitlements for this property. But I feel that a bit of history of this situation is in order. As I recall the owner of this property submitted a variance request about 5 years ago to allow for encroachments of an accessory building into the side and rear setbacks. These variances were objected to by ZNA as it was apparent that if granted, they would be the initial steps to allowing an ADU on this sub-standard lot. However, this request was denied by the B of A. Fast forward to 2021 where the owner now has sought to do “repair” work on the property and has run into “work without a permit” issues and now seeks a variance to the minimum lot size and initially other variances that would have opened the door to being able to accomplish the construction of an ADU which was denied to him years ago under the cover of needing this variance due to the issue of the “work without a permit” problem! So it is understandable why the ZNA position of Non- opposition to a lot variance is reasonable if the variance is ONLY for the purpose of dealing with the “work without a permit” issue. But as a member of the Board of Adjustment for 6 years, I do not recall such variances coming before us to allow for repair work that was stopped due to an issue with a “work without a permit” problem that then led to staff requesting the owner to get a variance for other code issues? So, in all those years I believe that there was never a stop work issued for “repair” work that then the construction permit was tied to variances that could have granted increase entitlements unrelated to the repairs being done. Therefore, I have an additional question about this situation that I think the Board needs to consider. Is this due to a change in staff procedures …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: August 9, 2021 CASE NUMBER: C16-2021-0008 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett (no show) _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. August 9, 2021 POSTPONED TO September 13, 2021 BY APPLICANT FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: because: OR, OR, AND, ______________________________ Elaine Ramirez Executive Liaison _______________________for__ Jessica Cohen Chairman
CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: August 9, 2021 CASE NUMBER: C16-2021-0003 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett (no show) _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non- electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building. (G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Veronica Rivera motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO APRIL 12, 2021. (RENOTICE) VARIANCE REQUESTED: RENOTICE The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: a) b) c) (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0078 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out-no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: William Hodge OWNER: Martha-Cary Sadler ADDRESS: 1305 42ND ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) to decrease the minimum lot width from 50 feet (required) to 48 feet (requested) in order to erect a Single Family Residence in a SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting Aug 9 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant; Board Member Rahm McDaniel seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot is same configuration since 1965, it will have a house on it, 2 feet short current width requirement. 2. (a) The hardship for which the variance is requested is unique to the property in that: while it has house on it since 1941, configuration 1965, platting exemption under the 95 rule. (b) The hardship is not general to the area in which the property is located because: house is existence and house in this configuration since 1965. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: property once contained a single family home, no other variance requested on this property and will comply with current codes. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0079 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Charles Dunigan OWNER: Paul Le ADDRESS: 6506 HERGOTZ LN VARIANCE REQUESTED: ): The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 25 feet (required) to 10 feet (requested) in order to erect a Single-Family residence in a “SF-3”, Single-Family- Neighborhood Plan zoning district. BOARD’S DECISION: BOA AUG 9 MEETING The public hearing was closed by Chair Jessica Cohen, Board Member Rahm McDaniel motions to Grant; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the river front topography of the property creates an undue burden for development with the zoned front yard setback of 25ft and all the other homes on this side of the street were built less than 25’ from the front setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: property is located on the river front of the Colorado River, topography of the lot is not conducive to development of any kind without reduction of the front yard setback restriction, which is how all of the lots on this side of the street have developed. (b) The hardship is not general to the area in which the property is located because: the topography of the properties along the river front in the general area varies per lot 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: the adjacent properties are undeveloped, nearby properties along the river on the street have development within the 25ft setback, reduction of the front yard setback ordinance for this property will neither create non-conformity with nearby development, not infringe upon future COA ROW infrastructure work. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0080 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out-no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate)) APPLICANT: Micah King OWNER: Darius Fisher ADDRESS: 74 SAN SABA ST Unit 2 VARIANCE REQUESTED: ): The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from: a) setback requirements to decrease the minimum Rear Yard Setback from 10 feet (required) to 2.1 feet (requested) b) setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet(required) to 3.9 feet (requested) and from 25-2-735 (Festival Beach Subdistrict Regulations) from c) impervious cover requirements to increase from 40% (maximum allowed) to 41.38% (requested), (existing 47.8%), in order to maintain a 2nd FL deck on rear accessory structure in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). Note: 25-2-735 (Festival Beach Subdistrict Regulations) (A) This section applies in the Festival Beach subdistrict of the WO combining district. (D) a primary setback area or a secondary setback area, the maximum impervious cover is: 1) 40 percent For an area not included in BOARD’S DECISION: Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Thomas Ates seconds on a 10-0 vote; POSTPONED TO September 13, 2021. 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 Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0081 ___Y____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out-no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Amanda Swor OWNER: Maryelaine Sotos & Bill Shurtz ADDRESS: 1308 9TH HALF ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from .4 to 1.0 (required) to .46 to 1.0 (requested) in order to add an addition/remodel to an existing single family residence in an “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) Note: 25-2 Subchapter F RESIDENTIAL DESIGN AND COMPATIBILITY STANDARDS, Article 2 Development Standards Section 2.1. - MAXIMUM DEVELOPMENT PERMITTED. The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured using gross floor area as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of Section 25-1-22 (Measurements). BOARD’S DECISION: BOA AUG 9 MEETING The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Chair Jessica Cohen nay); POSTPONED TO September 13, 2021. 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 Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday August 9, 2021 CASE NUMBER: C15-2021-0027 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase from 45% (maximum allowed) to 50% (requested), in order to construct a swimming pool to an existing Single-Family residence in an “SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021; POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; JUNE 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 POSTPONED TO AUGUST 9, 2021; Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO September 13, 2021 (APPLICANT NO SHOW). 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 Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 CASE NUMBER: C15-2021-0055 DATE: Monday August 9 2021 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (out – no show) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Ruben Valdez ADDRESS: 1206 W OLTORF 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 Front Yard Setback from 25 feet (required) to 0 feet (requested) in order to maintain a Carport and Covered Entry in a “SF-6-NP”, Single-Family-Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO AUGUST 9, 2021. Aug 9, 2021 POSTPONED TO September 13, 2021 BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chairman for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 CASE NUMBER: C15-2021-0056 DATE: Monday August 9, 2021 ___Y____Thomas Ates ___N____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out- no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Andrea Hamilton OWNER: Chase & Andrea Hamilton ADDRESS: 3006 GLENVIEW AVE 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 5 feet (requested) in order to erect a detached garage/office in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Windsor Road 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: BOA JULY 12, 2021 POSTPONED TO AUG 9, 2021 AE DENIAL; Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to October 11, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Brooke Bailey nay); POSTPONED TO October 11, 2021. 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 Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday August 9, 2021 CASE NUMBER: C15-2021-0062 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Christen Steen ADDRESS: 3401 RIVERCREST DR VARIANCE REQUESTED: The applicant is requesting variance(s) 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 48 percent (requested), (53% 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 49 percent (requested), (54.25% 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 percent (requested), (4.41% existing) (d) increase maximum impervious cover on a slope gradient greater than 35 percent to 3 percent (requested), (0.83% existing) in order to erect a Single-Family + associated improvements 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 4, 1965 The overall change in IC is from 21.51% to a proposed 20.89% IC, or 8,084 SF IC to 7,883 SF IC, when calculated on a gross lot area basis. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021; Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to October 11, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO October 11, 2021. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-5 DATE: Monday August 9, 2021 CASE NUMBER: C15-2021-0067 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Scott Jacobs ADDRESS: 2003 ARPDALE ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size requirement from 5,750 square feet (required) to 5,500 square feet (requested) in order to maintain an existing Residence and Accessory Structure in a “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021; Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Brooke Bailey motions to Grant with conditions lot size of 5,500 square feet, limiting building cover to 40%, limiting impervious cover to 45%, F.A.R. 0.4 to 1 ratio, no further encroachment of Accessory Structure and limit to 15 feet in height and a single-story, request survey with exact lot size for Residential Plan Review; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED WITH CONDITIONS LOT SIZE OF 5,500 SQUARE FEET, LIMITING BUILDING COVER TO 40%, LIMITING IMPERVIOUS COVER TO 45%, F.A.R. 0.4 TO 1 RATIO, NO FURTHER ENCROACHMENT OF ACCESSORY STRUCTURE AND LIMIT TO 15 FEET IN HEIGHT AND A SINGLE-STORY, REQUEST SURVEY WITH EXACT LOT SIZE FOR RESIDENTIAL PLAN REVIEW. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: city staff have determined that a variance from the minimum lot size is required before building and plumbing permits can be issued and finalize to correct previous work without permit bring the property up to code, and repair damage from the recent freeze. 2. (a) The hardship for which the variance is requested is unique to the property in that: most properties in the subdivision were platted in the forties at 6,000 sq ft or more, and so owners were unaffected when the minimum lot size of 5750 sf went into effect, it appears that sometime after the house and garage were built a portion of this lot was sold, resulting deficiency was not recognized until about 5 years ago, this circumstance is unique within this area. (b) The hardship is not …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-6 DATE: Monday August 9, 2021 CASE NUMBER: C15-2021-0068 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett (out – no show) _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: John Hussey OWNER: Berry Shawn Cox ADDRESS: 1411 GASTON AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 52.79% (requested) an additional 753 square feet, in order to add an addition to an existing single family residence in an “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Windsor Park Neighborhood Plan) Note: per Ordinance 20060727-084, this property was allowed to exceed the 40% and was granted 46.07% BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to August 9, 2021; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO AUGUST 9, 2021. Aug 9, 2021 WITHDRAWN BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-7 DATE: Monday August 9, 2021 CASE NUMBER: C15-2021-0074 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Sean O’Brien ADDRESS: 5607 HIGHLAND CREST DR VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-773 (Duplex Residential Use) (B) (5) (b) from two stories (maximum allowed) to three stories (requested) in order to erect a Duplex Residential use in an “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to August 9, 2021; Board Member Carrie Waller seconds on a 11-0 vote; POSTPONED TO AUGUST 9, 2021. Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Rahm McDaniel motions to Grant; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: due to the side slope grade change of this particular lot, the foundation is stair stepped, therefore each unit of a duplex would start at dramatically different defined elevations roughly 12 feet of difference, section 25-2-773 to mean that the entire structure must be only two stories, the site slope means that two, two story units cannot be built on this lot, it is reasonable to be able to build within the envelope of the lot regardless of if the use is duplex or single family 2. (a) The hardship for which the variance is requested is unique to the property in that: the property has a side slope grade change from one property line to another of 16 feet, when a duplex is next to another on this kind of a site, the total structure becomes 3 stories, this hardship is unique to this site grade, 3 story duplex was previously on this site before burned down. (b) The hardship is not general to the area in which the property is located because: majority of the sites in the city have gentle or no grade change, this site has severe grade change. 3. The variance will not alter the character of the area adjacent to the property, …
Board of Adjustment Meeting - MINUTES August 9, 2021 (Versión en español a continuación) Board of Adjustment to be held August 9, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (Aug 8, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the August 9, 2021 Board of Adjustment Meeting, members of the public must: Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (Aug 8, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. Speakers must call in at least 15 minutes prior to meeting start time 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 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment - MINUTOS FECHA de la reunion (August 9, 2021) 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 (Aug 8, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion August 9, 2021, los miembros del público deben: Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (August 8, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y …
