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 December 13, 2021 The Board of Adjustment meeting convened on Monday, December 13, 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. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:45 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Rahm McDaniel, Barbara Mcarthur, Agustina Rodriguez, Nicholl Wade, Kelly Blume (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Melissa Hawthorne (Vice Chair), Darryl Pruett, Michael Von Ohlen Board Members Absent: Richard Smith City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 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 November 8, 2021 draft minutes A-1 On-Line Link: Item A-1 A-1/1 Board Member Brooke Bailey motions to approve the minutes for November 8, 2021, Board member Rahm McDaniel seconds on a 7-0 votes (Board members virtual- no vote); APPROVED MINUTES FOR NOVEMBER 8, 2021. B. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant for Items C-1, E-1 and D-3. Board member Brooke Bailey motions to approve postpone/withdraw requests for Items C-1 and E-1 postpone to January 10, 2022 and D-3 withdraw, Board member Melissa Hawthorne seconds on an 11-0 vote; APPROVED POSTPONED/ WITHDRAWN REQUESTS FOR ITEMS C-1 AND E-1 POSTPONED TO JANUARY 10, 2022 AND D-3 WITHDRAWN AS REQUESTED. C. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: December 13, 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. C-1/1 (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); Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 BY APPLICANT FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ forC-1/2 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 …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0001 BOA DATE: January 10th, 2022 ADDRESS: 3002 Rivercrest Dr OWNER: Morgan & Lydia Mills COUNCIL DISTRICT: 10 AGENT: Stephen Hawkins ZONING: LA LEGAL DESCRIPTION: LOT 12A BLK A RIVERCREST ADDN SEC 1 AMENDED PLAT OF LOTS 11&12 VARIANCE REQUEST: decrease the minimum front yard setback from 40 feet (required) to 25 feet (requested) SUMMARY: erect a Single-Family residence with attached garage ISSUES: configuration of lot, critical root zone of protected trees on neighboring property ZONING LAND USES Site LA North LA South LA LA East LA West Single-Family Single-Family Single-Family Single-Family Lake Austin NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets BRNA ASSOCIATION INC. City of Rollingwood Friends of Austin Neighborhoods Glenlake Neighborhood Association Neighborhood Empowerment Foundation SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources The Creek at Riverbend Neighborhood Association D-1/1 December 6, 2021 Stephen Hawkins 3002 Rivercrest Dr Austin TX, 78746 Re: C15-2022-0001 Dear Stephen, Property Description: LOT 12A BLK A RIVERCREST ADDN SEC 1 AMENDED PLAT OF LOTS 11&12 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC Section 25-2-551 to allow construction of a garage up to a 25’ setback line. 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 Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 D-1/2 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone: 512.978.4000 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Board of Adjustment General/Parking Variance Application 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 …
BOA Variance Package December 28, 2021 Project: 3002 Rivercrest Drive D-1/1-PRESENTATION December 30, 2021 3002 Rivercrest Dr Variance Request Aqua Permits LLC 6504 Betty Cook Dr Austin Texas 78723 512-750-1402 Owner and development team is seeking a variance request to allow a new construction build at 3002 Rivercrest Drive, Austin, Texas 78746. The Lake Austin zoning (25-2-492) requires a 40’ setback from the front lot line and we are requesting a 25’ setback for only a portion of the build (32’ 1 1/4” out of 106.86’). Numerous properties on Rivercrest Drive including adjacent properties 3000 and 3006 Rivercrest Drive have buildings within the 40’ setback limit. The hardship that is faced with this property is with the configuration and critical root zones of protected trees and the shape of the lot due to easements limits the area which a tandem garage can be built. The construction of the tandem garage in this scenario would reduce street parking which would in turn lessen street congestion and help make a safer environment with the busy foot traffic on the narrow street. An iteration of the design based on the neighbors' setbacks have already been denied by the City of Austin. Considerable amount of time and energy has already been spent getting this approved to standards. Granting of this variance would not change the character of the neighborhood. The garage would be on the same side as the property that also has a garage beyond the 40’ setback and there are several occurrences of setback variances throughout the neighborhood. Setbacks are intended to protect privacy, provide for open space, and avoid the aesthetic and safety concerns with overcrowding. If this variance is granted, privacy will be not altered due to the fact that only the garage portion of the build will be included in a closer setback. It won’t effect open space because it will be side by side with the neighboring property’s garage. And finally it help appease the aesthetics of overcrowding by removing cars from the street and hiding them in the garage. We value the time and consideration the BOA puts into keeping Austin a beautiful and comfortable place to live. Thank you for your careful consideration of our request. D-1/2-PRESENTATION LOT SUMMARY ZONING: LOT AREA: SHORELINE SETBACK AREA: MAX. IMP.COVER: [.35 X (LOT AREA - SHORELINE SETBACK AREA)] = MAX. BLDG COVER: MAX.FAR: 6,792.8 SF 7,989.2 SF (40%) 7,989.2 …
City of AustinREVIEWED FOR CODE COMPLIANCEApproved 33.4' setback at 3000 RivercrestD-1/11-PRESENTATION Original survey of new build 2014D-1/12-PRESENTATION
VARIANCE REQUEST: decrease the minimum front yard setback from 25 feet (required) to 21.7 feet (requested) BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0004 BOA DATE: January 10th, 2022 ADDRESS: 1012 Shelley Ave OWNER: Ethan Goodwin COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-NP (Old West Austin) LEGAL DESCRIPTION: 49.67 X 133FT OLT 4 DIVISION Z SUMMARY: maintain original portion of home ISSUES: existing non-complying structure 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 Plan Contact Team Preservation Austin SELTexas Save Historic Muny District Shoal Creek Conservancy Sierra Club, Austin Regional Group D-2/1 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone(cid:29) 512(cid:17)(cid:28)(cid:26)(cid:27)(cid:17)4000 6310 Wilhelmina Delco Dr(cid:15) (cid:36)(cid:88)(cid:86)tin(cid:15) (cid:55)e(cid:91)a(cid:86) (cid:26)(cid:27)(cid:26)52 Board of Adjustment General/Parking Variance Application 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: __________________________________________________________________ 1012 Shelley Ave., Austin TX 78703 Subdivision Legal Description: 49.67 X 133FT OLT 4 DIVISION Z ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ SF-3, West Line National Register Historic District I/We ________________________________________________ on behalf of myself/ourselves as Adam Mosier authorized agent for ________________________________________________ affirm that on Ethan and Bridgette Goodwin Month November , Day 30 , Year 2021 , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ Type of Structure: ______________________________________________________________ The restoration of the original portion of a home in the West Line National Register Historic …
1012 SHELLEY AVE. Variance Request D-2/1-PRESENTATION HISTORY Ownership (40+ years) Restoration o West Line Historic District • Contributing D-2/2-PRESENTATION VARIANCE REQUEST Land Development Code Section 25-2-492 (setback requirement) • Decrease minimum front yard setback from 25 ft. to 21.7 ft. (variance of 3 ft., 4 in.) Maintain Setback • In existence for over 100+ years • Consistent with OWANA design guidelines for maintaining historic land use patterns including setbacks D-2/3-PRESENTATION HARDSHIP o Restoration requires demolition of more than 50% of current exterior walls • Portions of house requiring demolition are non-original additions Front porch Entire rear o Hardship is unique to property as there is no other way to achieve restoration without this partial demolition work D-2/4-PRESENTATION HARDSHIP, CONTINUED o100+ year old heritage Oak tree • Pressing up against portions of non-original rear additions • Demolition frees space around protected tree • If 25 ft. setback rule applied, then increased risk to critical root zone D-2/5-PRESENTATION REASONABLE USE o Granting variance to allow original setback enables continuation of reasonable use (in current location for 100+ years) o Restoring original front porch • Amenity originally intended and realized when constructed • Amenity commonly associated with residences in Clarksville, particularly on Shelley Ave. • Deprivation of amenity would: Deny reasonable use of property Be inconsistent with restoration D-2/6-PRESENTATION CHARACTER D-2/7-PRESENTATION SUPPORT oHistoric Land Commission and Historic Preservation Office oOld West Austin Neighborhood Association (OWANA) oShelley Ave. Neighbors D-2/8-PRESENTATION CONCLUSION o Met requirements for granting variance o Requesting variance be granted • Allow house to remain where it’s been for last 100+ years D-2/9-PRESENTATION
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday December 13, 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); 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 E-1/1 Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021; Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 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 forE-1/2 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday December 13, 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 ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____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. Dec 13, 2021 Madam Chair Jessica Cohen motions to Postpone the remaining cases to January 10, 2022 at City Hall due to technical difficulties –internet issues; Board Member E-2/1 Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO JANUARY 10, 2022 DUE TO TECHNICAL DIFFICULTIES-INTERNET ISSUES. 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-2/2 CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday November 8, 2021 CASE NUMBER: …
E-2/54 E-2/55 E-2/56 E-2/57 E-2/58 E-2/59 E-2/60 E-2/61 E-2/62 E-2/63 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. E-2/64 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. …
Owner and development team is seeking a variance request to allow for a new construction build on a substandard lot located at 1003 Kinney Ave. Austin, TX 78704. Current lot size is 5,461 SF and minimum allowable site to build on per current SF-3 zoning is 5,750 SF. The hardship is the original full lot size of 10,928 SF when split into halves of 5,461 SF for our lot, and 5,468 for the adjacent ½ lot, does not meet the minimum site area required by current SF-3 Zoning. This hardship would not be able to be overcome without the approval of the BOA in our variance request. Without the variance request this lot would remain vacant as we have confirmed through our research and the option of obtaining a portion of the adjacent city owned alley was rejected by the COA. Original plat and our most current site plat are from 1896. However, our lot was split into two separate tax parcels with no updated plat in 1947. The deeds in our following presentation packet document this transfer of ownership from legal lot to substandard lot status with no plat update. This was also confirmed through the Travis County Tax Accessor’s Office. The Tax Parcel map and deed documents indicate this split. In addition to the conflicting lot history that split the lots without updating the plat, there was construction allowed on the adjacent 1/2 lot last approved by the COA in 2007. This new construction had a previous residence which was demolished with no variance required to build new on the lot. Subsequent building permit was obtained for 2007 and was confirmed with our COA contact Eric Thomas. In seeking our variance, we have researched two avenues in how to be able to build on our lot. One being the recommended avenue of seeking a 1995 plat exemption to apply for legal lot status and therefore not require a variance, and second requesting a variance through the BOA. There was a previous land status determination that was approved on our lot through the 1995 Rule Platting Exception that was granted on February 25, 2019 and included in our Advanced packet. We presented this information to our permit reviewers/supervisors for an avenue forward to build on our site, however the city of Austin planning department would not allow us to build on our lot with only that as documentation and …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0101 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Michael Whellan OWNER: 201 E Koenig Ln, LTD. (Donald Reece) ADDRESS: 201 and 403 KOENIG LN/5613 Avenue F (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) 60 feet (requested) b) (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 60 feet (requested) in order to erect a Vertical Mixed-use project with on-site affordable units and one acre of on-site, developed parkland in a “CS-MU-V-CO-NP”, General Commercial Services-Mixed Use-Vertical Mixed Use-Conditional Overlay – Neighborhood Plan zoning district. (North Loop Neighborhood Plan) Note: The Land Development Code 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, 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. E-3/1 BOARD’S DECISION: BOA DEC 13, 2021 MEETING Madam Chair Jessica Cohen motions to Postpone the remaining cases to January 10, 2022 at City Hall due to technical difficulties –internet issues; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO JANUARY 10, 2022 DUE TO TECHNICAL DIFFICULTIES- INTERNET ISSUES. 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 …
Koenig Lane Compatibility Variance Request 1 E-3/1-PRESENTATION Koenig Lane City policies establish a clear vision for the site as an appropriate location for directing new growth and obtaining affordable housing and quality parkland. 2 E-3/2-PRESENTATION Koenig Lane City policies establish a clear vision for the site as an appropriate location for directing new growth and obtaining affordable housing and quality parkland. However, the site faces unique hardships that meaningfully impact its ability to achieve this reasonable use, impacting the site from all sides. 3 E-3/3-PRESENTATION Koenig Lane City policies establish a clear vision for the site as an appropriate location for directing new growth and obtaining affordable housing and quality parkland. However, the site faces unique hardships that meaningfully impact its ability to achieve this reasonable use, impacting the site from all sides. The reasonable use and hardship analyses presented here are fully consistent with past compatibility height variances approved by the Board of Adjustment. 4 E-3/4-PRESENTATION Reasonable Use Analysis (As Presented to BOA) Case Imagine Austin Center Corridor/ Transit Access Affordable Housing Parks Deficient C15‐2021‐0096 C15‐2020‐0053 C15‐2019‐0061 C15‐2020‐0009 Applicant Request ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 5 E-3/5-PRESENTATION Hardship Analysis Constraint Site Area Impacted Geographic Proximity to Railroad Crossing (East) and Avenue F/Koenig Lane Intersection (West) Site Layout Impact Public Utility Easement and Electrical and Telecoms Easement (East) On‐Site Protected Trees Water Line (North) Power Line (South) Site Shape (East) Key Consideration: Ensuring Quality Parkland 1.04% 7.53% 2.41% 5.54% 15% Site Layout Impact 6 E-3/6-PRESENTATION 7 E-3/7-PRESENTATION 8 E-3/8-PRESENTATION 9 E-3/9-PRESENTATION 10 E-3/10-PRESENTATION 11 E-3/11-PRESENTATION 12 E-3/12-PRESENTATION Hardship Analysis Case Easements/ Setbacks On‐Site Tree Preservation Site Shape & Adjacent Rail Floodplain/ CWQZ Vehicular Access Constraints C15‐2021‐0096 C15‐2020‐0053 C15‐2019‐0061 C15‐2020‐0013 C15‐2020‐0009 Applicant Request ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 13 E-3/13-PRESENTATION For Illustrative Purposes Only Without Requested Variance (Loss of 10 Potential Affordable Units) 14 E-3/14-PRESENTATION Imagine Austin For Illustrative Purposes Only With Requested Variance (Includes 10 More Affordable Units – Total: 52 Affordable Units) 15 E-3/15-PRESENTATION Support for Applicant Request Parks and Recreation Department Letter of Support: “A consolidated park would provide much greater value, with more contiguous parkland serving more people and offering a greater opportunity to fully develop quality on‐site parks amenities.” North Loop Neighborhood Association Letter of Support: “As this is one of the last available commercially zoned sites of this scale …
BOA Monthly Report July 2021-June 2022 December 13, 2021 Granted 0 4 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. 25-2-1063 (Height Limitations and Setbacks for Large Sites): a)(C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) and b)(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) 3. 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 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% 4. 25-2-943 (B) (2) (a) (Substandard Lot) to decrease the minimum Lot Size requirements from 5,750 square feet Denied 1. 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height 1 Withdrawn 1 1. 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback from 75 feet Discussion Items 6 items Dec 2021. Interpretations 0 new inquiries The deposition of the case items: (Added Dec 13, 2021 #’s) 17 A. Granted 32 B. Postponed 7 C. Withdrawn D. Denied 3 E. Discussion Items 28 November 8, 2021 5 Granted 1. 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback and 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 2. 25-2-551 (Lake Austin District Regulations) (C) (3) a) increase the maximum impervious cover on a slope b) increase the maximum impervious cover on a slope c) increase the maximum impervious cover on a slope and d) increase maximum impervious cover on a slope F-1/1 3. 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback 4. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 5. 25-2-899 (Fences as Accessory Uses) (D) & (E) to increase the fence height and Article 10, Compatibility Standards, Division 2 –Development …
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." F-2/1
§ 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-6/1 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 §§ …
January 4, 2022 Adam Mosier 1012 Shelley Ave Austin TX, 78703 Re: C15-2022-0004 Property Description: 49.67 X 133FT OLT 4 DIVISION Z Dear Adam, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Section 25-2-492 to decrease the minimum front yard setback from 25 feet to 21.7 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. Cody Shook, Planner II Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881
AGENDA BOARD OF ADJUSTMENT January 10, 2022at 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 December 13, 2021 draft minutes A-1 On-Line Link: Item A-1 B. C. 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 may …
