Board of Adjustment Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
AGENDA MEETING MINUTES October 11, 2021 The Board of Adjustment meeting convened on Monday, October 11, 2021. Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Jessica Cohen (Chair) called the Board Meeting to order at 5:30 p.m. Board Members in Attendance (in person): Jessica Cohen (Chair), Barbara Mcarthur, Darryl Pruett, Richard Smith, Nicholl Wade, Kelly Blume (Alternate) Board Members in Attendance (virtually via teleconference): N/A Board Members Absent: Thomas Ates, Brooke Bailey, Rahm McDaniel, Melissa Hawthorne (Vice Chair), Agustina Rodriguez, Michael Von Ohlen, Carrie Waller (Alternate) City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) City Staff -: Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CITIZEN COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda.NONE A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval September 13, 2021 draft minutes A-1 On-Line Link: Item A-1 A-1/1 Board Member Richard Smith motions to approve the minutes for September 13, 2021, Board member Barbara Mcarthur seconds on a 6-0 vote; APPROVED MINUTES FOR SEPTEMBER 13, 2021. B. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponements by applicant for Items C-1, F-1 and D-1 Board member Darryl Pruett motions to postpone Items C-1, F-1 to November 8, 2021 and D-1 to April 11, 2022, Board member Richard Smith seconds on a 6-0 vote; APPROVED POSTPONED ITEMS C-1, F-1 TO NOVEMBER 8, 2021 AND D-1 TO APRIL 11, 2022 AS REQESTED BY APPLCIANTS. Due to not enough Board Members present at the meeting Items E-1, E-2, E-3, E-4, F-2 and F-3 will be postponed to November 8, 2021. Madam Chair Jessica Cohen motions to Postpone Items E-1, E-2, E-3, E-4, F-2, and F-3 to November …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: October 11, 2021 CASE NUMBER: C16-2021-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Renee Bornn OWNER: Villas Rio, LP ADDRESS: 2111 RIO GRANDE 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 1 sign(s) on the property: (F) to allow one (1) wall signs above the second floor (maximum allowed) to the a) eight floor (requested) (H) to allow for the one (1) sign(s) to all be illuminated in order to provide signage b) for the Villas on Rio Grande in a “GO-MU, LO-NP, MF-4-NP”, General Office-Mixed Use, Limited Office, Multi-Family– 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. (H) A sign may not be illuminated or contain electronic images or moving parts. C-1/1 BOARD’S DECISION: Oct 11, 2021 BOA MEETING POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (AS REQUESTED BY APPLICANT) FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ forC-1/2 October 5, 2021 Renee Bornn, Building Image Group 2111 Rio Grande St Bldg Flr8 Austin TX, 78705 Property Description: LT 1-3 OLT 23-1/2 DIV D HORSTS LOUIS SUBD Re: C16-2021-0011 Dear Renee, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) …
D-1/1 October 26, 2021 Ian Ellis 1003 Kinney Ave Austin TX, 78704 Re: C15-2021-0100 Dear Ian, Property Description: S 1/2 OF LOT 1-2 BLK 1 BARTON SPRINGS PARK Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from § 25-2-943 - SUBSTANDARD LOT (B) (2) to allow for the development of a single-family home on a 5,464 square-foot lot. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 D-1/2 N O T R A B D R O FF O P S LIN S C O M B JU LIET Y E N KIN TR E A D W ELL K E R R JULIET L E H T E SIE S JE E HIN P E S O J R A M A L LA M A R S Q U A R E GIB S O N H T 8 D E X T E R M A R G A R ET R E N R A G D Y W E R D R O F X O A S H B Y ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0100 1003 KINNEY AVENUE This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 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-1/3 D-1/4 D-1/5 D-1/6 D-1/7 D-1/8 D-1/9 D-1/10 D-1/11 D-1/12 D-1/13 D-1/14 D-1/15 D-1/16 D-1/17 D-1/18 D-1/19 D-1/20 D-1/21 …
PRESENTING TO BOA: PROJECT DEVELOPER TEAM- IAN M. ELLIS, AIA, NCARB, RID PRINCIPAL ARCHICTECT- SARAH JOHNSON, AIA, RID KINNEY AVE BOA Variance Package Case Number 2021-000085 BA October 21, 2021 D-1/1-PRESENTATION VARIANCE REQUEST D-1/2-PRESENTATION SECTION B.2. A MINIMUM LOT SIZE 5,750 SQ FT - EXISTING 5,464 SF VARIANCE REQUESTED 2 STORY RESIDENCE PROPOSED FFE = 533.16' 2 STORY A.A.G = 531.72' RESIDENCE DS R E T N A L P L E E T S 5' - 5 1/2" 1' - 0" 5' - 0" 1' - 0" 7' x 3' 6" PAVERS WITH 2" SPACING SETBACKS & HEIGHT* *** TOTALS AND PERCENTAGES LISTED APPLY TO OUR EXISTING SUBSTANDARD LOT AREA MAXIMUM HEIGHT MINIMUM SETBACKS FRONT YARD INTERIOR SIDE YARD REAR YARD 35’ 25’ 5’ 10’ ZONING SUBSTANDARD LOT- § 25-2-943 B.2 SECTION B.2. B MINIMUM LOT WIDTH 50 FT - EXISTING 61’-7” COMPLIANT RESIDENTIAL DESIGN STANDARDS - SF-3-NP SIDE - 15’ ABOVE GRADE AT 45º REAR - 15’ ABOVE GRADE AT 45º SETBACK PLANES COMPLIANT COMPLIANT SIDE WALL ARTICULATION MAX 36’ LENGTH COMPLIANT BUILDABLE AREA 5,464 SF IMPERVIOUS COVER - 45% FAR (ZONING 25-2 § 2.1) 2,297 SF (> 2300 SF) ** CALCULATION BASED ON GREATER OF .4:1 OR 2,300 SF TOTAL LOT AREA 1ST FLOOR CONDITIONED 1,014 SF 2ND FLOOR CONDITIONED 1,262 SF GARAGE 221 SF ( EXEMPT -200 SF) PORCH 105 SF ( EXEMPT) 2,394 SF (43.8%) COMPLIANT COMPLIANT TOTAL 2,297 SF COMPLIANT M P 1 0 : 7 5 : 2 1 1 2 0 2 / 0 1 / 9 : d e t n i r P CRZ 1/2 CRZ 1/4 CRZ COA REQUIRED PARKING X X X X X X DS X ' 8 6 . 7 8 E " 8 4 8 2 ° 8 5 S ' X I E N L Y T R E P O R P X K C A B T E S D R A Y R O R E T N I I ' 5 E O DS E E O X X X CL X E O SETBACK 5’ 5' - 0" 7' - 2 1/2" E O E O PROPOSED NEW AC PAD PROPOSED NEW POOL PAD NEW FRENCH DRAIN PROPOSED WOOD FENCE LINE OF UNDERGROUND PIPED DOWNSPOUT CONNECTION TO DAYLIGHT PROPOSED NEW ELECTRIC METER PROPOSED NEW BUILDING FOOTPRINT EXISTING WOOD FENCE TO BE REMOVED PROPOSED WOOD FENCE E O 531.90 E …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 CASE NUMBER: C15-2021-0056 DATE: Monday October 11, 2021 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______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; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) E-1/1 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-1/2 BOA GENERAL REVIEW COVERSHEET RE-NOTIFICATION CASE: C15-2021-0056 BOA DATE: November 8th, 2021 ADDRESS: 3006 Glenview Ave OWNER: Chase & Andrea Hamilton COUNCIL DISTRICT: 10 AGENT: N/A ZONING: SF-3-NP (Windsor Road NP) LEGAL DESCRIPTION: N 55 FT OF LOT 3 BLK 7 BRYKERWOODS B VARIANCE REQUEST: a) decrease the minimum rear yard setback from 25 feet to 5 feet & b) decrease minimum distance from principal structure from 10 feet to 5 feet. SUMMARY: erect a detached garage/office ISSUES: lot has …
E-1/43 E-1/44 E-1/45 E-1/46 E-1/47 E-1/48 E-1/49 E-1/50 E-1/51 E-1/52 E-1/53 E-1/54 E-1/55 E-1/56 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-1/57 E-1/58 E-1/59 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 …
Additional Variance Request: LDC 25-2 Subchapter F 3.3.2.A.1 allowing for a 450sf FAR exemption less than 10 feet from primary residence 3006 Glenview Avenue Variance Request (LDC 25-2-515 Re: Rear Yard of a Through Lot) E-1/1-PRESENTATION History & Background Details The current home was constructed in 2015 with surface parking in the rear. The subject property is located on Glenview Avenue in Brykerwoods. This street is unusual, in that homes on the east side of the street have curb cuts and driveway access from the front of the homes, while all homes on the west side of the street do not. Homes have historically treated Jefferson Avenue as an alley and all off-street parking for these homes on the west side of Glenview access their parking via rear entry. E-1/2-PRESENTATION A side-by-side comparison of the previous and current survey shows that a non-complaint garage structure was removed in order to make room for two off-street parking spaces as required by city code. E-1/3-PRESENTATION Following the July BOA meeting, adjustments were made to the proposed garage structure which would require partial demolition of the existing parking pad. The result places the garage 5’ farther from Jefferson Ave. E-1/4-PRESENTATION E-1/5-PRESENTATION In response to the changes made to the site plan, the Bryker Woods Neighborhood Association has withdrawn it’s opposition to the variance request. E-1/6-PRESENTATION Aerial views by Google Maps show driveways along Jefferson Avenue with varying distances from the ROW. Some have been updated and some have not (photos to follow). Most range from 19’ to 23’ from the asphalt. *Plot plan revisions for 3006 Glenview Avenue place the proposed garage at 21’8” from asphalt at Jefferson Ave, consistent with others along the corridor. E-1/7-PRESENTATION E-1/8-PRESENTATION E-1/9-PRESENTATION A variance was granted for a neighbor’s property at 3200 Glenview Avenue in 2014 and a garage and studio apartment were built. E-1/10-PRESENTATION Revised Proposed Garage and Home Office E-1/11-PRESENTATION
CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0062 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______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 E-2/1 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; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) 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 …
- i Z 5 L E E R i i i Q v > 9 L e C f i J a ; i E-2/57 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 commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject …
PERMIT PARTNERS, LLC 300 E. Highland Mall Blvd Ste. 207 Austin, Texas 78752 David C. Cancialosi September 1, 2021 City of Austin 301 W. 2nd St. Austin, Texas 78701 City of Austin Board of Adjustment RE: Variance request for site at 3401 Rivercrest Dr. to amend impervious cover – Amended cover letter for October meeting Dear Board of Adjustment Commissioners, Per your request please find a bullet point list containing reasonable use, hardship, adverse impact and other related information. • The site is ~37,000 lot built atop a hill as part of the platted Rivercrest Section 2 subdivision approved in mid- 1960’s. It is comprised of two lots which combined and individually do not meet LA lot size requirements. • The individual platted lots were legally compliant with “A” zoning in mid-1960’s; however, are sub-standard to LA zoning requirements: Individual nor combined, they do not have minimum 1 ac in size and doe not have 100’ along a public right-of-way as required by LA zoning performance standards. • The site was originally zoned “A” when COA asserted control over this area. In 1984, COA changed zoning to LA, which changed “A” zoned, legally compliant lots along the lake to a legal non-compliant lot (re: size) and associated structures (re: IC). • Owner wishes to exercise reasonable use as intended by both the original plat and zoning change approval asserted by local jurisdictions to allow single-family house and associated accessory improvements. • Current home is in need of repair and updating. Main concern is structural integrity of retaining walls surrounding hillside. Please see attached drainage letter per your request at August hearing. Rerouting the retaining walls and placement of new walls is necessary. • This request is to amend impervious coverage calculations to 1) meet the actual LA code requirements and 2) correct erroneous permit issuance and inspection passage occurring in 2006. • • When COA forced LA zoning on this property it made site immediately non-compliant with respect, mostly, to impervious coverage. It was unbuildable by any reasonable standards. The subsequent 2006 permit approval exacerbated this issue. In 2006 COA approved extensive plans for new construction via permit #2006-002550, albeit erroneously. This approval was issued accordingly to SF-2 zoning standards. SF-2 zoning allows one to count the gross lot area of the entire ~37,000 SF lot (which approved 16% IC of gross lot area coverage per said application); however, LA …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0085 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Estates at Lake Austin, LP ADDRESS: 1717 CHANNEL RD VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback from 75 feet (required) to 25 feet (requested) along a man-made inlet in order to erect a Single-Family + associated improvements in a “LA”, Lake Austin zoning district. BOARD’S DECISION: BOA MEETING SEPT 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to October 11, 2021; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO OCTOBER 11, 2021; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) 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-3/1 (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 Madam Chair forE-3/2 CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0085 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Estates at Lake Austin, LP ADDRESS: 1717 CHANNEL RD VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback from 75 feet (required) to 25 feet (requested) along a man-made inlet in order to erect a Single-Family + associated …
1717 CHANNEL ROAD AUSTIN, TX 78746 Case # 2021-000072 BA E-3/1-PRESENTATION VARIANCE REQUEST I. Seeking BOA Variance to reduce shoreline setback: • LDC 25-2-551(B)(1)(a) to reduce shoreline setback from 75’ to 25’ along a man-made slough that abuts the property via cut in boat slip. • Lake Austin shoreline setback is 75’ per staff’s current interpretation of where a shoreline setback is measured from as it relates to man made sloughs or inlets. • My client is seeking a 25’ Lake Austin shoreline setback from the slough. • The man-made slough has a cut-in slip created sometime between1955 and 1968 per City of Austin zoning profile aerials. • There does not appear to be any natural causation of the inlet. It appears wholly man made using various historical aerials and physical inspections. E-3/2-PRESENTATION AERIAL E-3/3-PRESENTATION MAP AERIAL E-3/4-PRESENTATION CHANNEL RD + ENTRANCE TO SITE Easement to 1717 E-3/5-PRESENTATION VARIOUS INLET ANGLES E-3/6-PRESENTATION VARIOUS INLET AND CHANNEL ANGLES E-3/7-PRESENTATION VARIOUS PROPERTY ANGLES FROM INLET E-3/8-PRESENTATION VARIOUS PROPERTY ANGLES AROUND INLET E-3/9-PRESENTATION EASEMENT THAT SPLITS PROPERTY E-3/10-PRESENTATION CHANNEL TO / FROM LAGOON – LAKE AUSTIN E-3/11-PRESENTATION REASONABLE USE The zoning regulations applicable to the property do not allow for a reasonable use because: • The zoning regulations combined with unique hardships prevent a reasonable use of this site as prescribed by the applicable zoning district. • The existing 1.72-acre tract is vacant and zoned Lake Austin, LA, as part of the City-wide effort to apply LA zoning to lake properties in 1984. The site was annexed June 15, 1968, and zoned “A” zoning which is the equivalent of today’s SF-2 zoning. The site does not front the main body of Lake Austin. It is only accessible to the water via a small inlet that connects to a lagoon. From that lagoon a straight line was dredged to the site. On the other side of the lagoon, it connects to the main body of Lake Austin via separate canal (from the lagoon). That canal travels under a bridge (Channel Road), then it connects to the main body. (please see aerial maps for quick reference). We believe the cut-in slip was created during the same time period as the actual inlet because the 1955 – 1968 aerials reflect the inlet being dredged from the lagoon during this time and not in any aerials before 1955. It shows the inlet in the same location between …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0093 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Janis Smith PE OWNER: Jeff and Ally Davidson ADDRESS: 8818 BIG VIEW DR Bldg 4 VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 30 feet (required) to 50 feet (requested) in order to erect a boat dock in an “LA” Lake Austin Residence zoning district. BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) 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: E-4/1 ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-4/2 October 5, 2021 Janis Smith PE 8818 Big View Dr Bldg 4 Austin TX, 78730 Re: C15-2021-0093 Property Description: LOT 4 BLK A PANTHER HOLLOW CREEK PHS II Dear Janis, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LCD 25-2- 1176(A)(1) – to allow for construction of a boat dock 50 feet from the shoreline. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0096 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: David Hartman OWNER: Family Sport Inc, a Texas Corporation ADDRESS: 5700 GROVER AVE and 5617 ROOSEVELT AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-899 (Fences as Accessory Uses) (D) & (E) to increase the fence height from an average of six feet or a maximum of seven feet (maximum allowed) to an average of eight feet (requested) on western property line only. b) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 45 feet (requested) c) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) (C) (3) to increase allowed height from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive (maximum allowed) to 45 feet (requested) on eastern property line only in order to erect a four (4) story Apartment Building in a “MF- 6-CO-NP”, Multi-Family Residence Highest Density-Conditional Overlay – Neighborhood Plan zoning district. (Brentwood Neighborhood Plan) E-5/1 Note: The Land Development Code Section 25-2-899 (Fences as Accessory Uses) (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. (E) A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and… Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (C) (3) for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, …
5700 Grover Ave. and 5612 Roosevelt Ave. Variance Request - Multifamily C15-2021-0096 Board of Adjustment November 8, 2021 David Hartman 1 E-5/1-PRESENTATION Project Overview 4.135 acres, comprised of former Dart Bowl bowling alley at 5700 Grover Avenue and a vacant lot at 5612 Roosevelt Avenue. August 2021 City Council approved rezoning Ordinance No. 20210826-099 that zoned the property MF-6-CO-NP. Proposed Recreational Trail connects Woodrow Pocket Park/Recreational Trail to Roosevelt Avenue and Theckla Terrace. Voluntary 10% affordable housing, via recorded Private Restrictive Covenant with Habitat/HomeBase. Requesting following variances: • Maximum 8’ fence height along the western Property line adjacent to single family housing along Woodrow Avenue per agreement with Brentwood Neighborhood Association, and • Compatibility height standards related to adjacent McCallum High School tennis courts/running track/sports field located to the east of the Property along Grover Avenue.. 2 E-5/2-PRESENTATION Project Location 3 E-5/3-PRESENTATION MF-3-NP MF-6-CO-NP 4 E-5/4-PRESENTATION 1. Compatibility (east and west property line). 2. Conditional Overlay approved via rezoning ordinance 8-26-21. a. Max 45’ Height and 4 Stories. b. Enhanced 40’ building setback along west property line. 3. CWQZ. 4. Floodplain. 5. Easements. 6. Firelane along south and west property line. 7. PARD recreational trail along south and west property line. 5 E-5/5-PRESENTATION Compatibility Triggered by SF-3 Zoning to East McCallum High School (Tennis Courts/Running Track/Baseball Field) 6 E-5/6-PRESENTATION Compatibility Constraints E-5/7-PRESENTATION Property Constraints (Floodplain, CWQZ, Easements) 88 E-5/8-PRESENTATION Proposed PARD Recreational Trail Connecting to Adjacent PARD Woodrow Park/Trail 99 E-5/9-PRESENTATION Area Street Views 1010 E-5/10-PRESENTATION Area Street Views 11 11 E-5/11-PRESENTATION Preliminary Concept Plan 1 212 E-5/12-PRESENTATION Requested Variances (Supported by Brentwood Neighborhood Association) 1. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(2) (Height Limitations and Setbacks for Large Sites) to increase the height limit from 3 stories and 40 feet (required/permitted) to 4 stories and 45 feet (requested) in order to erect a 4 story apartment building. Request is applicable to east property line only. 2. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(3) (Height Limitations and Setbacks for Large Sites) to increase the allowed height of a structure more than 100 feet but not more than 300 feet from property in an SF-5 or more restrictive zoning district, from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0097 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) FINDING: E-6/1 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-6/2 October 5, 2021 Nathan Hobbs 4315 Avenue A Austin TX, 78751 Re: C15-2021-0097 Property Description: W 76FT OF LOT 1-3 BLK 11 HYDE PARK ADDN NO 1 Dear Nathan, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-947 & 25-2-942 in order to build an addition onto single-family home. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0098 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Alecia Mosadomi OWNER: PAP Realty Partnership/MVE Ventures, Ltd./The WP & AP Ltd ADDRESS: 5200 MCKINNEY FALLS PKWY VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code to decrease the required setback and increase the maximum allowable height requirements of Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (C) (1) (a) increase height limit from 30 feet (minimum allowed) to 47 feet (requested) b) (C) (2) (a) increase height limit from 40 feet (maximum allowed) to 47 feet (requested) c) (C) (3) increase height limit from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet but not more than 300 feet (maximum allowed) to 47 feet (requested) in order to erect Multi-Family Housing Development with on-site affordable units in a “MF- 4”, Multi-Family Residence-Moderate-High Density zoning district. Note(s): The Land Development Code Section 25-2-1063 (C) The height limitation for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from the property: (a) in an SF-5 or more restrictive zoning district (2) three stories and 40 feet if the structure is more than 50 feet and not more than 100 feet from property: (a) in an SF-5 or more restrictive zoning district. E-7/1 BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-7/2 Mosadomi, Alecia …
BOA Monthly Report July 2021-June 2022 October 11, 2021 Due to not enough Board Members present at the meeting, all items were postponed to Nov 8, 2021 or as requested by applicant. Granted 0 9 Postponed 1) 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 1 sign(s) on the property: a)(F) to allow one (1) wall signs above the second floor and b) (H) to allow for the one (1) sign(s) to all be illuminated 2) 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: a)(F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides.b)(G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side c)(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 3) 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 4) 25-2-899 (Fences as Accessory Uses) (D) & (E) to increase the fence height and Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) (C) (2) to increase height limit and Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) (C) (3) to increase allowed height 5) 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size and 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value 6) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (C) (1) (a) increase height limit and b) (C) (2) (a) increase height limit and c) (C) (3) increase height limit 7) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 8) 25-2-551 (Lake Austin District Regulations) (C) (3) a)increase the maximum impervious cover on a slope 9) 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback Denied 0 Withdrawn 0 Discussion Items 5 items (all postponed to Nov. 8, 2021) Sept 2021. Interpretations 0 new inquiries The deposition of the case items: (Added Oct 11, 2021 #’s) 12 A. Granted 25 B. …
Recommendation to Council Audit and Finance Committee for adoption to Board of Adjustment Bylaws Bylaws Article 7 (D) remove monthly and add “at 5:30PM on the second Tuesday of each month at Austin City Hall” F-2/1
Proposed changes to Board of adjustment Rules of Procedure ARTICLE I. GENERAL PROVISIONS Add "(C) MEETINGS 1. The regular meetings of the Board of Adjustment shall be held at 5:30PM on the second Tuesday of each month at Austin City Hall. 2. Any matters postponed at the request of the Board of Adjustment will be placed at the beginning of the agenda at the Board’s next meeting. 3. Any matters postponed at the request of the applicant will be placed on the agenda at the Board’s next meeting after matters categorized by Article I (C)2 4. At 10:00 PM, the Board may, in its discretion, extend the meeting if necessary." F-3/1
§ 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-8/1 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 §§ …
AGENDA BOARD OF ADJUSTMENT November 8, 2021at 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Vacant (Alternate) ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Rahm McDaniel ___Darryl Pruett EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CALL TO ORDER CITIZEN COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval October 11, 2021 draft minutes A-1 On-Line Link: Item A-1 B. C. D. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2021-0011 Renee Bornn for Villas Rio, LP 2111 Rio Grande Street On-Line Link: Item C-1; NO PRESENTATION 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 1 sign(s) on the property: a) (F) to allow one (1) wall signs above the second floor (maximum allowed) to the eight floor (requested) b) (H) to allow for the one (1) sign(s) to all be illuminated in order to provide signage for the Villas on Rio Grande in a “GO-MU, LO-NP, MF-4-NP”, General Office-Mixed Use, Limited Office, Multi-Family– 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. (H) A sign …
D-1/1LATE BACKUP From: To: Subject: Date: Mark Hoelscher Ramirez, Elaine Board of Adjustment: Case number C15-2021-0100 Monday, November 01, 2021 11:04:37 AM *** External Email - Exercise Caution *** Elaine- I'm emailing you back regarding the request for rezoning on Kinney Ave. My Name: C. Mark Hoelscher Address: 1108 Kinney Ave, Austin 78704 Phone Number: 512.975.9117 Case C15-2021-0100 Comments: In our opinion, please allow for the rezoning of the subject property at 1003 Kinney Ave. The use of the property for an SF-3 single family with pool should be allowed, it is within the former use of the property. As a favor, could an amendment be added to the allowed SF-3 rezoning to prevent the future addition of an ABU on the lot. Thank you to you and your department for reaching out to us as neighbors and "stakeholders." Best regards, Mark Hoelscher 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-1/2LATE BACKUP Austin Stowell Ramirez, Elaine From: To: Cc: Subject: Date: 2021-000085 BA - Notice of Support SUPPORT Monday, November 08, 2021 6:33:40 AM *** External Email - Exercise Caution *** My name is Austin Stowell. I Ama Zilker neighbor live at 904 Ethel St and am writing a letter of support in favor of Case # 2021-000085 BA for the property located at 1003 Kinney. The design is far superior than the ubiquitous Hardie plan structures in the neighborhood being erected by many spec builders and will help contribute, not detract to the neighborhood character. The existing structure is in poor condition. All buildings have a natural life.. The IRS limits the functional life of a building to 27.5 years. This particular structure is in disrepair and not economically feasible to be repaired. Every property owner deserves the right to replace their existing home. In this case, the zoning does not allow for reasonable use of the land. I think the Board is justified in approving the request because reasonable use is currently excluded. The property is unique to the area. I am aware of only 3 lots in Zilker that are less than 5750 square feet that are not exempted from variance by the age of the plat. The property is clearly unique and not …
5700 Grover Ave. and 5612 Roosevelt Ave. Variance Request - Multifamily C15-2021-0096 Board of Adjustment November 8, 2021 David Hartman 1 E-5/ PRESENTATION - CORRECTED/1 Project Overview 4.135 acres, comprised of former Dart Bowl bowling alley at 5700 Grover Avenue and a vacant lot at 5612 Roosevelt Avenue. August 2021 City Council approved rezoning Ordinance No. 20210826-099 that zoned the property MF-6-CO-NP. Proposed Recreational Trail connects Woodrow Pocket Park/Recreational Trail to Roosevelt Avenue and Theckla Terrace. Voluntary 10% affordable housing, via recorded Private Restrictive Covenant with Habitat/HomeBase. Requesting following variances: • Maximum 8’ fence height along the western Property line adjacent to single family housing along Woodrow Avenue per agreement with Brentwood Neighborhood Association, and • Compatibility height standards related to adjacent McCallum High School tennis courts/running track/sports field located to the east of the Property along Grover Avenue.. 2 E-5/ PRESENTATION - CORRECTED/2 Project Location 3 E-5/ PRESENTATION - CORRECTED/3 MF-3-NP MF-6-CO-NP 4 E-5/ PRESENTATION - CORRECTED/4 1. Compatibility (east and west property line). 2. Conditional Overlay approved via rezoning ordinance 8-26-21. a. Max 45’ Height and 4 Stories. b. Enhanced 40’ building setback along west property line. 3. CWQZ. 4. Floodplain. 5. Easements. 6. Firelane along south and west property line. 7. PARD recreational trail along south and west property line. 5 E-5/ PRESENTATION - CORRECTED/5 Compatibility Triggered by SF-3 Zoning to East McCallum High School (Tennis Courts/Running Track/Baseball Field) 6 E-5/ PRESENTATION - CORRECTED/6 Compatibility Constraints E-5/ PRESENTATION - CORRECTED/7 Property Constraints (Floodplain, CWQZ, Easements) 88 E-5/ PRESENTATION - CORRECTED/8 Proposed PARD Recreational Trail Connecting to Adjacent PARD Woodrow Park/Trail 99 E-5/ PRESENTATION - CORRECTED/9 Area Street Views 1010 E-5/ PRESENTATION - CORRECTED/10 Area Street Views 11 11 E-5/ PRESENTATION - CORRECTED/11 Preliminary Concept Plan 1 212 E-5/ PRESENTATION - CORRECTED/12 Requested Variances (Supported by Brentwood Neighborhood Association) 1. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(2) (Height Limitations and Setbacks for Large Sites) to increase the height limit from 3 stories and 40 feet (required/permitted) to 4 stories and 45 feet (requested) in order to erect a 4 story apartment building. Request is applicable to east property line only. 2. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(3) (Height Limitations and Setbacks for Large Sites) to increase the allowed height of a structure more than 100 feet but …
Proposed changes to Board of adjustment Rules of Procedure ARTICLE I. GENERAL PROVISIONS Add "(C) MEETINGS 1. The regular meetings of the Board of Adjustment shall be held at 5:30PM on the second Monday of each month at Austin City Hall. 2. Any matters postponed at the request of the Board of Adjustment will be placed at the beginning of the agenda at the Board’s next meeting. 3. Any matters postponed at the request of the applicant will be placed on the agenda at the Board’s next meeting after matters categorized by Article I (C)2 4. At 10:00 PM, the Board may, in its discretion, extend the meeting if necessary." ARTICLE V. HEARINGS AND DECISIONS (B) Order of Business. Add “Who will call each matter will be determined before the meeting by the chair” to the beginning. Move “The chair shall administer an oath to all persons providing testimony or other evidence” to follow “After the chair calls the meeting to order,” Insert “Either the chair or” in front of “the staff liaison shall call each matter in the order” So that it reads: Who will call each matter will be determined before the meeting by the chair. After the chair calls the meeting to order, the chair shall administer an oath to all persons providing testimony or other evidence. Either the chair or the staff liaison shall call each matter in the order filed and shall announce the case number, the name of the applicant, and the location of the property. The staff liaison shall describe the nature of the case and advise the Board of any communications received. F-3/LATE BACKUP-1
City Council & City Manager, Adjustment; and WHEREAS, since the opening of City Hall it has hosted the meetings of the Board of WHEREAS, the Board of Adjustment is a quasi-judicial sovereign board that has an impact on the development and growth of the City of Austin; and WHEREAS, sovereign boards are held to a higher standard than advisory boards and commissions; and business hours; and WHEREAS, land use board and commission public hearings take place outside normal WHEREAS, the Board of Adjustment is not a city department or service; and WHEREAS, City management has decided to move the meetings of the Board of Adjustment, the Planning Commission, and the Zoning and Platting Commission to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the Board or the public; and WHEREAS, moving the Board of Adjustment public hearings to the PDC places an undue burden on the public, the staff and the board members; and WHEREAS, public hearings for variances, special exceptions, and administrative appeals by the Board of Adjustment should be in the same location as city council and other land use commissions to avoid confusing the public; and WHEREAS, PDC signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; and WHEREAS, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they are to the PDC; and WHEREAS, the safety and security of participants is paramount and City Hall has metal detectors, security immediately outside the chamber and secure parking; and WHEREAS, Highland Mall is a construction zone so pedestrians and transit riders will have to walk past empty lots at night including a vacated lot used for surface parking across the street from the PDC, while City Hall is in the middle of an active, walkable downtown; and WHEREAS, City Hall has a dais, computers on the dais, work tables for staff and comfortable, permanent chairs for the public while the PDC facility at Highland Mall is a multi- purpose room; and WHEREAS, there is no reason operationally to move the Board of Adjustment meetings to …
From: To: Cc: Subject: Date: Lorraine Atherton Ramirez, Diana; Ramirez, Elaine Agenda item D-1, 1003 Kinney variance, case C15-2021-0100 Monday, November 08, 2021 10:59:05 AM *** External Email - Exercise Caution *** Hello, Ms. Ramirez. Please include these comments in the backup and case file for tonight’s Board of Adjustment hearing on Agenda item D-1, 1003 Kinney variance, case C15-2021-0100. Thank you for your help. Lorraine Atherton 2009 Arpdale, Austin, TX 78704 For the Zoning Committee of the Zilker Neighborhood Association To the City of Austin Board of Adjustment The Zoning Committee of the Zilker Neighborhood Association is opposed to the requested lot size variance for 1003 Kinney because the applicant has not presented a qualifying hardship and because the granting of the variance amounts to a privilege that has been denied to other properties in similar circumstances. We offer these alternatives: 1. Encourage the owner to purchase or otherwise persuade the City to vacate a portion of the alley. 2. Limit the new construction to the dimensions of the demolished house. The request lacks a hardship: Demolition application forms note that the applicant is responsible for checking on whether new construction will be allowed on the lot, before the application is submitted. The applicant must also take responsibility for submitting the correct lot dimensions. The hardship question in this case boils down to whether the applicant checked the box in error, or the City staff approved the demolition in error. Unless the owner at 1003 Kinney can show that staff approved the demolition in error, there is no hardship. If staff approved it in error, then the best the owner can expect is permission to rebuild the house to its previous dimensions. The situation is not unique in this neighborhood: The applicant cites 904 Ethel as a comparable case, but the 904 Ethel variance was sought BEFORE demolition, not after. The BoA decision in the Ethel case on Nov. 14, 2016, was to limit the construction to 1,600 sf. More relevant cases are: 1516 Kinney, where the house was demolished prematurely. That variance was denied early in 2016. The owner eventually bought more land to restore the minimum lot size. The ZNA position in that case was that we would have been happy to discuss a variance to preserve the existing house, but when the owner went ahead and demolished the house, he removed any justification for a hardship. …
BOARD OF ADJUSTMENT RECOMMENDATION 20211108-F-2 Date: 11/08/2021 Subject: Board of Adjustment bylaw change Motioned By: Vice-Chair Melissa Hawthorne Seconded By: Chair Jessica Cohen Recommendation Article 7(D) - remove monthly and add “at 5:30PM on the second Monday of each month at Austin City Hall” Description of Recommendation to Council An administrative change in the BOA bylaws to specify the time, day, and location for BOA meetings to occur matching the time, day, and location the BOA has traditionally observed since 2004 Rationale: In the interest of transparency, equity, and accessibility for all Austinites to the Board of Adjustment, the Board is in unanimous agreement that future hearings and meetings should continue to be held at Austin City Hall and that as a quasi-judicial sovereign land use board, the time and day should be defined in the bylaws similar to other sovereign land use boards. Vote For: 11 Against: 0 Abstain: 0 Absent: 0 Attest: Chair Jessica Cohen 1 of 1 Recommendation to Council Audit and Finance Committee for adoption to Board of Adjustment Bylaws Bylaws Article 7 (D) remove monthly and add “at 5:30PM on the second Monday of each month at Austin City Hall”
BOARD OF ADJUSTMENT RECOMMENDATION 20211108-F-4 Date: 11/08/2021 Subject: Resolution for Board of Adjustment hearings/meetings to continue at Austin City Hall Motioned By: Board Member Thomas Ates Seconded By: Vice-Chair Melissa Hawthorne Recommendation On 11/8/2021 the Board of Adjustment unanimously approved a resolution for board meetings to continue to be held at City Hall. Description of Recommendation to Council Please see accompanying Resolution Rationale: In the interest of transparency, equity, and accessibility for all Austinites to the Board of Adjustment, the Board is in unanimous agreement that future hearings and meetings should continue to be held at Austin City Hall. Vote For: 11 Against: 0 Abstain: 0 Absent: 0 Attest: Chair Jessica Cohen 1 of 1 City Council & City Manager, Adjustment; and WHEREAS, since the opening of City Hall it has hosted the meetings of the Board of WHEREAS, the Board of Adjustment is a quasi-judicial sovereign board only appealable to state district court rather than city council that has an impact on the development and growth of the City of Austin; and WHEREAS, sovereign boards are held to a higher standard than advisory boards and WHEREAS, land use board and commission public hearings take place outside normal commissions; and business hours; and WHEREAS, the Board of Adjustment is not a city department or service; and WHEREAS, City management has decided to move the meetings of the Board of Adjustment, the Planning Commission, and the Zoning and Platting Commission to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the Board or the public; and WHEREAS, moving the Board of Adjustment public hearings to the PDC places an undue burden on the public, the staff and the board members; and WHEREAS, public hearings for variances, special exceptions, and administrative appeals by the Board of Adjustment should be in the same location as city council and other land use commissions to avoid confusing the public; and WHEREAS, PDC signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; and WHEREAS, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they …
City Council & City Manager, Adjustment; and WHEREAS, since the opening of City Hall it has hosted the meetings of the Board of WHEREAS, the Board of Adjustment is a quasi-judicial sovereign board only appealable to state district court rather than city council that has an impact on the development and growth of the City of Austin; and WHEREAS, sovereign boards are held to a higher standard than advisory boards and WHEREAS, land use board and commission public hearings take place outside normal commissions; and business hours; and WHEREAS, the Board of Adjustment is not a city department or service; and WHEREAS, City management has decided to move the meetings of the Board of Adjustment, the Planning Commission, and the Zoning and Platting Commission to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the Board or the public; and WHEREAS, moving the Board of Adjustment public hearings to the PDC places an undue burden on the public, the staff and the board members; and WHEREAS, public hearings for variances, special exceptions, and administrative appeals by the Board of Adjustment should be in the same location as city council and other land use commissions to avoid confusing the public; and WHEREAS, PDC signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; and WHEREAS, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they are to the PDC; and WHEREAS, the safety and security of participants is paramount and City Hall has metal detectors, security immediately outside the chamber and secure parking; and WHEREAS, Highland Mall is a construction zone so pedestrians and transit riders will have to walk past empty lots at night including a vacated lot used for surface parking across the street from the PDC, while City Hall is in the middle of an active, walkable downtown; and WHEREAS, City Hall has a dais, computers on the dais, work tables for staff and comfortable, permanent chairs for the public while the PDC facility at Highland Mall is a multi- purpose room; and WHEREAS, there is no …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: November 8, 2021 CASE NUMBER: C16-2021-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (abstained) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Renee Bornn OWNER: Villas Rio, LP ADDRESS: 2111 RIO GRANDE 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 1 sign(s) on the property: a) (F) to allow one (1) wall signs above the second floor (maximum allowed) to the eight floor (requested) b) (H) to allow for the one (1) sign(s) to all be illuminated in order to provide signage for the Villas on Rio Grande in a “GO-MU, LO-NP, MF-4-NP”, General Office- Mixed Use, Limited Office, Multi-Family– 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. (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Oct 11, 2021 BOA MEETING POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (AS REQUESTED BY APPLICANT); Nov 8, 2021 POSTPONED TO DEC 13, 2021 (per applicant) FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0100 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___Y___Rahm McDaniel ___Y___Darryl Pruett ___-____Agustina Rodriguez (abstained) ___Y___Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y___Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) (abstained) _______Vacant (Alternate) OWNER/APPLICANT: Ian Ellis ADDRESS: 1003 KINNEY AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Section 25-2-943 (B) (2) (a) (Substandard Lot) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,464 square feet (requested), (TCAD records show 5,740 sq. ft.) in order to erect a Single-Family residence with a Pool in a “SF-3”, Single-Family zoning district. Note: 25-2-943 SUBSTANDARD LOT (B) A substandard lot may be used for a single-family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (2) A substandard lot recorded in the county real property records after March 14, 1946 must: (a) have an area of not less than 5,750 square feet. BOARD’S DECISION: BOA MEETING NOV 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to December 13, 2021; Board Member Darryl Pruett seconds on a 9-0-2 vote (Board members Agustina Rodriguez and Carrie Waller Abstained); POSTPONED TO DECEMBER 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 Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 CASE NUMBER: C15-2021-0056 DATE: Monday November 8, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y____Kelly Blume (Alternate) ___Y____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; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting)-re-notification needed VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s): a) 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) b) Subchapter F Residential Design and Compatibility Standards, Article 3, 3.3.2 (A) (1) (Gross Floor Area) for a detached parking area to decrease the minimum distance requirement from the principal structure from 10 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: a) Per LDC 25-2-515 Rear Yard of A Through Lot - For a through lot, a rear yard must comply with the minimum requirements applicable to a front yard. a) rear parking area that is separated from the principal structure by not less than 10 feet. Per LDC Subchapter F, RDCC, Article 3, 3.3.2 (A) (1) (Gross Floor Area) - A detached BOARD’S DECISION: BOA November 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0062 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___Y___Rahm McDaniel ___Y___Darryl Pruett ___Y___Agustina Rodriguez ___Y___Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y___Kelly Blume (Alternate) ___Y___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; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting). Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve with conditions to remove existing wood deck and stairs on the north side as per exhibit E-2/28 and presentation slide E-2/35, and will not exceed calculations on presentation slide E-2/26; Board …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0085 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Estates at Lake Austin, LP ADDRESS: 1717 CHANNEL RD VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback from 75 feet (required) to 25 feet (requested) along a man-made inlet in order to erect a Single-Family + associated improvements in a “LA”, Lake Austin zoning district. BOARD’S DECISION: BOA MEETING SEPT 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to October 11, 2021; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO OCTOBER 11, 2021; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen motions to approve with conditions to install a rainwater system and to limit the impervious cover to 32%; Board Member Darryl Pruett seconds on a 11-0 vote; GRANTED WITH CONDITIONS TO INSTALL A RAINWATER SYSTEM AND TO LIMIT THE IMPERVIOUS COVER TO 32%. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the zoning regulations combined with unique hardships prevent a reasonable use of this site as prescribed by the applicable zoning district. 2. (a) The hardship for which the variance is requested is unique to the property in that: the number of hardships and the extent to which they encumber the site severely limit the normal development typically found on a lot of this size in LA zoning (b) The hardship is not general to the area in which the property is located because: man made sloughs create significant development constraints because of the 75’ shoreline setback 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: …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0093 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Janis Smith PE OWNER: Jeff and Ally Davidson ADDRESS: 8818 BIG VIEW DR Bldg 4 VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 30 feet (required) to 50 feet (requested) in order to erect a boat dock in an “LA” Lake Austin Residence zoning district. BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve; Board Member Rahm McDaniel seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: at this location with dock and driveway limits the depth is ot navigable or usable 2. (a) The hardship for which the variance is requested is unique to the property in that: its extremely shallow along the shoreline (b) The hardship is not general to the area in which the property is located because: along this curve of the lake also have very shallow water at the shoreline, the vast majority of dock sites on the lake can be accessed by following current code restrictions. 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: as adjacent docks have similar setbacks and similar issues with shallowness of the lake and the additional five feet that helps alleviate the dredge amount is de minimis on this application. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet E-5 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0096 ___Y___Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: David Hartman OWNER: Family Sport Inc, a Texas Corporation ADDRESS: 5700 GROVER AVE and 5617 ROOSEVELT AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-899 (Fences as Accessory Uses) (D) & (E) to increase the fence height from an average of six feet or a maximum of seven feet (maximum allowed) to an average of eight feet (requested) on western property line only. b) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 45 feet (requested) c) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) (C) (3) to increase allowed height from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive (maximum allowed) to 45 feet (requested) on eastern property line only in order to erect a four (4) story Apartment Building in a “MF- 6-CO-NP”, Multi-Family Residence Highest Density-Conditional Overlay – Neighborhood Plan zoning district. (Brentwood Neighborhood Plan) Note: The Land Development Code Section 25-2-899 (Fences as Accessory Uses) (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. (E) A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and… Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (C) (3) for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-6 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0097 __Y_____Thomas Ates __Y_____Brooke Bailey __Y_____Jessica Cohen __Y_____Melissa Hawthorne __Y_____Barbara Mcarthur __Y_____Rahm McDaniel __Y_____Darryl Pruett __Y_____Agustina Rodriguez __Y_____Richard Smith __-_____Michael Von Ohlen (out) __-_____Nicholl Wade (out) __Y____Kelly Blume (Alternate) __Y_____Carrie Waller (Alternate) __-_____Vacant (Alternate) APPLICANT: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to December 13, 2021; Board Member Thomas Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet E-7 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0098 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Alecia Mosadomi OWNER: PAP Realty Partnership/MVE Ventures, Ltd./The WP & AP Ltd ADDRESS: 5200 MCKINNEY FALLS PKWY VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code to decrease the required setback and increase the maximum allowable height requirements of Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (C) (1) (a) increase height limit from 30 feet (minimum allowed) to 47 feet (requested) b) (C) (2) (a) increase height limit from 40 feet (maximum allowed) to 47 feet (requested) c) (C) (3) increase height limit from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet but not more than 300 feet (maximum allowed) to 47 feet (requested) in order to erect Multi-Family Housing Development with on-site affordable units in a “MF- 4”, Multi-Family Residence-Moderate-High Density zoning district. Note(s): The Land Development Code Section 25-2-1063 (C) The height limitation for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from the property: (a) in an SF-5 or more restrictive zoning district (2) three stories and 40 feet if the structure is more than 50 feet and not more than 100 feet from property: (a) in an SF-5 or more restrictive zoning district. BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); 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 Madam Chair
