AGENDA MEETING MINUTES April 11, 2022 The Board of Adjustment meeting convened on Monday, April 11, 2022. Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:43 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Agustina Rodriguez, Richard Smith, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Melissa Hawthorne (Vice Chair), Darryl Pruett, Nicholl Wade, Kelly Blume (Alternate) Board Members Absent: Barbara Mcarthur and Rahm McDaniel City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval March 14, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes; Item A-1 addendum Board Member Melissa Hawthorne motions to approve the minutes for March 14, 2022, Board member Brooke Bailey seconds on a 9-1 votes (Board members Michael B. C. Von Ohlen abstained and Thomas Ates no vote due to technical issues); APPROVED MINUTES FOR MARCH 14, 2022. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant/staff for Item C-1 and D-4 Board member Michael Von Ohlen motions to NOT approve postpone request for Item C-1 to October 10, 2022, Board member Jessica Cohen seconds on a 9-0-1 vote (Board member Melissa Hawthorne abstained and Thomas Ates no vote due to technical issues); Substitute Motion: Board member Brooke Bailey motions to table indefinitely for Item C-1; Board member Michael Von Ohlen seconds on a 10-0 1, vote (Board member Melissa Hawthorne abstained); Item …
BOA SIGN REVIEW COVERSHEET CASE: C16-2022-0003 BOA DATE: May 9th, 2022 COUNCIL DISTRICT: 3 AGENT: Shana Gardner ADDRESS: 1401 E 6th St OWNER: Joshua Needham ZONING: TOD-NP (East Cesar Chavez) LEGAL DESCRIPTION: UNT 2 CENTRO MASTER CONDOMINIUM PLUS 48.77 % INT IN COM AREA VARIANCE REQUEST: allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade SUMMARY: provide signage ISSUES: zoning restrictions most recently applied ZONING TOD-NP Site North TOD-NP South TOD-NP TOD-NP East TOD-NP West LAND USES Transit Oriented Development Transit Oriented Development Transit Oriented Development Transit Oriented Development Transit Oriented Development NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Barrio Unido Neighborhood Assn. Capital Metro Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team East Sixth IBIZ District El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Association for an Improved Neighborhood Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Plaza Saltillo TOD Staff Liaison Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town C-1/1 8TH INKS 165 R E L L A W R E L L A W A I D Y L C A Y A T T A 7TH N NIO O 8TH O H C N O C 6TH 5TH O H C N O C S R E M L A H C 4TH N NIO O L A M O C 3RD NOTIFICATIONS CASE#: LOCATION: C16-2022-0003 1401 E 6TH STREET A T O S A V A N 2ND ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY 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 " = 250 ' 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. C-1/2 Board of Adjustment Sign Variance Application WARNING: Filing of this appeal stops all affected construction activity. For Office Use Only Section 1: Applicant Statement 3 C-1/3 Section 2: Variance Findings —OR— —OR— AND, C-1/4 Section 3: Applicant Certificate Section 4: …
PLEASE NOTE: ORIGINAL APPLICATION DESIGN MODIFIED - NEON BORDER REMOVED. ONLY ILLUMINATION IS ACRYLIC PUSH THROUGH - THIS IS A LOWER IMPACT DESIGN WITH MORE SUBTLE LIGHTING All rights reserved. The intellectual property, concepts, and designs contained in this document are the exclusive property of Ion Art, Inc. Neither the document nor the information it contains may be copied, disclosed to others, or used in connection withany work or project other than the specic project for which it has been prepared and developed, without the written consent of Ion Art, Inc.407 Radam Lane, suite A100Austin, TX 78745512.326.93339Ion Art Inc. 2021 All Rights Reserved30”6”Blade sign with solid acrylic push-through logo and perimeter outline internally illuminated with LEDsATLASSIAN | Tenant Signage | Blade Sign Overview | Concept 2C-1/20 All rights reserved. The intellectual property, concepts, and designs contained in this document are the exclusive property of Ion Art, Inc. Neither the document nor the information it contains may be copied, disclosed to others, or used in connection withany work or project other than the specic project for which it has been prepared and developed, without the written consent of Ion Art, Inc.407 Radam Lane, suite A100Austin, TX 78745512.326.933310Ion Art Inc. 2021 All Rights Reserved6”ATLASSIAN | Tenant Signage | Blade Sign Overview | Concept 2C-1/21
CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: April 11, 2022 CASE NUMBER: C16-2022-0001 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Esteban Arrieta OWNER: Eames Gilmore ADDRESS: 10107 RESEARCH BLVD SVRD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (3) The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Darryl Pruett motions to postpone to April 11, 2022; Board Member Melissa Hawthorne seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to May 9, 2022; Board Member Richard Smith seconds on a 11-0 vote; POSTPONED TO MAY 9, 2022. FINDING: D-1/1 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ forD-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: March 14, 2022 CASE NUMBER: C16-2022-0001 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur OUT ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard …
BOA GENERAL REVIEW COVERSHEET Interpretation Appeal CASE: C15-2022-0042 BOA DATE: May 9th, 2022 ADDRESS: 2212 Trailside Dr OWNER: Valentin Bohorov COUNCIL DISTRICT: 5 AGENT: Felicia Foster ZONING: SF-3 LEGAL DESCRIPTION: LOT 14 BLK 1 BARTON HOLLOW VARIANCE REQUEST: The primary basis of the appeal is calculation of gross floor area for a “habitable attic” under the Land Development Code, in particular, requirements in Section 3.3 of Subchapter F. The appellant contends that staff incorrectly applies provisions related to the calculation of ceiling height for exempt space as applied to a two-story residence SUMMARY: since the finished ceiling is at 7 feet then it should be exempted. ISSUES: the interpretation has been consistently applied until this project ZONING LAND USES SF-3 Site North MF-3 SF-3 South SF-3 East SF-3 West Single-Family Multi-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Barton Hills-Horseshoe Bend (Barton Hills NA) Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group South Central Coalition TNR BCP – Travis County Natural Resources E-1/1 B A R T O N H I L L S H O L L O W C R E E K S P R I N G C R E E K B R I A R G R O V E T R A I L S I D E CLIFFSID E N O T R O M E Z A I M E L RID G E D R O F R U B A S H B Y B B A R N O R R I S N O R R I S ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0042 2212 TRAILSIDE DRIVE 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 " = 250 ' 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. E-1/2 E-1/3 E-1/4 E-1/5 E-1/6 E-1/7 IMPERVIOUS COVER NAME AREA IC BUILDING FOOTPRINT DRIVEWAY ENTRY STEPS POOL COPING AC PAD …
VARIANCE REQUEST: decrease from at least 30 feet from the centerline of adjacent street (required) to 24 feet from the centerline BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0035 BOA DATE: May 9th, 2022 ADDRESS: 2609 San Pedro St OWNER: DC+CJ 2609 San Pedro LLC COUNCIL DISTRICT: 9 AGENT: Michael McHone ZONING: MF-4-NP (West University) LEGAL DESCRIPTION: W 74.9FT LOT 9 OLT 60&64 DIV D GRAHAM SUBD SUMMARY: erect Multi-Family Smart Housing ISSUES: lot size compared to other lots in UNO ZONING LAND USES MF-4-NP Site North MF-4-CO-NP South MF-4-NP East West MF-4 MF-4-H-CO-NP Multi-Family Multi-Family Multi-Family Multi-Family Multi-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council CANPAC Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Preservation Austin SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group University Area Partners West Campus Neighborhood Association F-1/1 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0035 2609 SAN PEDRO STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' 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. F-1/2 F-1/3 F-1/4 F-1/5 F-1/6 F-1/7 F-1/8 F-1/9 F-1/10 F-1/11 F-1/12
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0040 BOA DATE: May 9th, 2022 ADDRESS: 305 E St Elmo Rd OWNER: Ned McDaniel COUNCIL DISTRICT: 3 AGENT: N/A ZONING: LI-NP (East Congress NP) LEGAL DESCRIPTION: 106.98 X 343.67FT AV BLK 5 BLOCKERS ADDN VARIANCE REQUEST: decrease the minimum Rear Yard Setback from 25 feet to 18 feet SUMMARY: complete urban agricultural growing facility ISSUES: COA’s storm drain retention wall and zoning change to adjacent property ZONING LAND USES Site LI-NP North LI-NP South MH-NP East West LI-NP LI-NP Limited Industrial Service Limited Industrial Service Mobile Home Limited Industrial Service Limited Industrial Service NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Go Austin Vamos Austin 78745 Homeless Neighborhood Association Neighborhood Empowerment Foundation Onion Creek HOA Preservation Austin SELTexas Sierra Club, Austin Regional Group South Austin Neighborhood Alliance (SANA) South Congress Combined Neighborhood Plan Contact Team F-2/1 IN D U S T RIA L S G RIN P W S O L WIL ST ELM O ST EL M O S S E R G N O C R E G SIN K C U L N A B R U B U S SHERATON RO WLAND M A H WIT E G RID N E E R G NOTIFICATIONS CASE#: LOCATION: C15-2022-0040 305 E ST ELMO ROAD CHIPPENDALE ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY 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 " = 250 ' 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. F-2/2 F-2/3 F-2/4 F-2/5 F-2/6 F-2/7 F-2/8 F-2/9 F-2/10 F-2/11 F-2/12 F-2/13 DA-2021-1122 F-2/14 F-2/15 F-2/16 F-2/17 F-2/18 F-2/19 F-2/20 F-2/21 F-2/22
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0043 BOA DATE: May 9th, 2022 COUNCIL DISTRICT: 9 AGENT: N/A ADDRESS: 509 E 38th St OWNER: Red Door LLC, Lisa Gray ZONING: SF-3-CO-NP (Hancock NP) LEGAL DESCRIPTION: 100X140FT BLK 3 OLT 7-8 DIVISION C VARIANCE REQUEST: decrease the minimum rear yard setback from 10 feet to 9 feet SUMMARY: maintain an existing Single-Family Residence ISSUES: structure(s) is an existing non-complying structure ZONING LAND USES Site North South East West SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP SF-3-CO-NP SF-3-CO-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 CANPAC Central Austin Community Development Corporation Friends of Austin Neighbors Hancock Neighborhood Assn. Homeless Neighborhood Association Neighborhood Empowerment Foundation Preservation Austin SELTexas Sierra Club, Austin Regional Group F-3/1 40TH K R A E P N W O T 39T H K C E P 38T H H A LF E F U N E V A S M O O R G 3 9 T H E G U N E V A N E E R M G O T 35 T H E H U N E V A 38T H T E X A S 34TH L A V U D H A R RIS Y T R E LIB 33R D E S O R T N O M C A R O LY N W O R D O O W 37TH Y A W N E E R G ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0043 509 E 38TH STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' 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. F-3/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and …
G-1/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0011 ___Y____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___N____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___N____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___N____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___N____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be G-1/2 reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Agustina Rodriguez motions to deny; Board Member Richard Smith seconds on a 6-5 vote (Board members Jessica Cohen, Melissa Hawthorne, Darryl Pruett, Kelly Blume, Marcel Gutierrez-Garza nay); …
G-2/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0012 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___N____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2717 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent or increase the maximum impervious cover on a slope with a gradient of 15 percent VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) less from 35 percent (allowed) to 40 percent (requested) (b) and not more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) to 27 percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility G-2/2 that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny; Board Member Nicholl Wade seconds on a 10-1 vote (Board member Kelly Blume nay); DENIED. FINDING: 1. The Zoning regulations applicable …
H-1/1 H-1/2 H-1/3 H-1/4 March 9, 2022 Bhavani Singal 3701 Robbins Rd Austin TX, 78730 Re: C15-2022-0021 Dear Bhavani, Property Description: ABS 437 SUR 1 JETT J ACR 0.50 OR LOT B OAK SHORES UNRECORDED Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Sections 25-2-492 and 25-2-551. 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 H-1/5 H-1/6 H-1/7 H-1/8 H-1/9 H-1/10 H-1/11 H-1/12 H-1/13 H-1/14 H-1/15 H-1/16 H-1/17 H-1/18 H-1/19 H-1/20 H-1/21 H-1/22 H-1/23 H-1/24 H-1/25 H-1/26 H-1/27 H-1/28 H-1/29 H-1/30 H-1/31 H-1/32 H-1/33
H-2/1 CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0032 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: David Cancialosi OWNER: Cody Stavig ADDRESS: 2904 RIVERCREST DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s): a) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 25 feet (requested) and b) 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height from 23 feet 8 inches (allowed) to 24 feet 1 inch (requested) in order to remodel an existing non-complying Single-Family residence in a “LA”, Lake Austin zoning district. Note: Land Development Code, Section 25-2-963 (E) A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if: (1) the increase is made to a portion of the building that: (b) complies with the yard setback requirements of this title. BOARD’S DECISION: BOA MEETING APRIL 11, 2022 POSTPONED TO MAY 9, 2022 DUE TO AE DENIAL H-2/2 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for H-2/3 H-2/4 H-2/5 H-2/6 H-2/7 PERMIT PARTNERS 300 E Highland Mall Blvd.| Suite 207 | Austin, Texas 78752 Office: 512.593.5361 H-2/8 PERMIT PARTNERS 300 E Highland Mall Blvd.| Suite 207 | Austin, Texas 78752 Office: 512.593.5361 2 H-2/9 PERMIT PARTNERS 300 E Highland Mall Blvd.| Suite 207 | Austin, Texas 78752 Office: 512.593.5361 i 3 H-2/10 H-2/11 April 8, 2022 Ashley Knight 2904 Rivercrest Dr Austin TX, 78746 Re: C15-2022-0032 Dear Ashley, Property Description: LOT 15 BLK A RIVERCREST ADDN SEC 1 Austin Energy (AE) …
BOA Monthly Report July 2021-June 2022 April 11, 2022 Granted (7) 1. 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of a blade sign 2. North University NCCD Ord. #040826-058, PART 7(Residential District) from: a) lot width requirements to decrease the minimum lot width and setback requirements to decrease the minimum interior side yard setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback 5. 25-2-943 (B) (2) (a) (Substandard Lot) to decrease the minimum Lot Size 6. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback and Section 25-2-943 (Substandard Lot) (B) (1) (a) to decrease the minimum Lot Size 7. 25-2-774 (Two-Family Residential Use) (C) (5) (b) from 550 square feet on the second story (maximum allowed), to 864 square feet (requested) and Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R Postponed (4) 1. 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 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 2. 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback and 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback and 25-2-551 (Lake Austin District Regulations) (C) (3) a) increase the maximum impervious cover on a slope Denied (2) 1. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope 2. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope Withdrawn (0) Discussion Items (5) April 2022. Interpretations 3 new inquiries The deposition of the case items: A. Granted 34 B. Postponed 54 C. Withdrawn 7 6 D. …
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council January 14, 2022 Denise Lucas, Director, Development Services Department Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager
§ 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. 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 §§ 2-5-41—2-5-45, …
BOA Sign Variance - Illuminated Tenant SignageC16-2022-0003 / 1401 E 6th StATLASSIAN | CENTRO: Sign Variance Date: 5.09.2022Ion Art Inc. 2022 All Rights ReservedAll rights reserved. The intellectual property, concepts, and designs contained in this document are the exclusive property of Ion Art, Inc. Neither the document nor the information it contains may be copied, disclosed to others, or used in connection withany work or project other than the specific project for which it has been prepared and developed, without the written consent of Ion Art, Inc.407 Radam Lane, suite A100Austin, TX 78745512.326.933311401 E 6th StAustin, TX 78702 Presenter: Thomas Hobbs - Ion Art, IncC-1/1-PRESENTATION Parking BladeAtlassian BladeAtlassian Wall SignC-1/2-PRESENTATION
CENTRO | Parking Blade| Overview | Concept 2All rights reserved. The intellectual property, concepts, and designs contained in this document are the exclusive property of Ion Art, Inc. Neither the document nor the information it contains may be copied, disclosed to others, or used in connection withany work or project other than the specic project for which it has been prepared and developed, without the written consent of Ion Art, Inc.407 Radam Lane, suite A100Austin, TX 78745512.326.93332Ion Art Inc. 2021 All Rights ReservedElectrical NoticeIon Art DOES NOT provide primary electrical tothe sign/project. Power to the sign/project must be done by a licensed electrical contractor or licenced electrician.Requirements:1. Minimum of 1 dedicated 120V 20amp circuits2. J-box or MC whip provided within 6ft of install 3. 3 wires - line, ground, neutral CENTRO36”12mm 6500K White NeonAppearance at nighttime1/4” Aluminum Laser-cutAddress8”36”CENTROEnd ViewCENTROCENTRONO PUBLIC PARKINGPUBLIC PARKINGCENTROPUBLIC PARKINGCENTROPUBLIC PARKINGPUBLIC PARKINGC IPLABRUKPI NGONCENTROCENTRO36”12mm 6500K White NeonCENTRO36”Appearance at nighttime2.5in acrylic push-throughtext illuminated with LEDsC-1/4-PRESENTATION CENTROCENTRO | Parking Blade| FabricationAll rights reserved. The intellectual property, concepts, and designs contained in this document are the exclusive property of Ion Art, Inc. Neither the document nor the information it contains may be copied, disclosed to others, or used in connection withany work or project other than the specic project for which it has been prepared and developed, without the written consent of Ion Art, Inc.407 Radam Lane, suite A100Austin, TX 78745512.326.93335Ion Art Inc. 2021 All Rights Reserved36"8"12"4"5 1/4"1 1/2" 1/2"39 1/2"4” x 4” x 3/16” wall A500 Square Steel Tube1.5” x 1.5” x .125” wallSquare Aluminum TubeElectronic NeonPower Supply 8"41 3/4"4"1/4” LASER-cut Aluminum text3/8” Steel Plate(Do not deviate from size specications for nal)12mm White 6500K NeonApprox. Sign Weight: 140 lbs (including 70 lbs mounting bracket)1/4” Steel plates mechanicallyfastened to sign frame andwelded to mounting bracket3/8-16 x 3” Fasteners to suit nalized mounting location (Brick, Block, Concrete)1/8” Aluminum Faces48"6"Power is routed through the mounting bracket & angeElectrical NoticeIon Art DOES NOT provide primary electrical tothe sign/project. Power to the sign/project must be done by a licensed electrical contractor or licenced electrician.Requirements:1. Minimum of 1 dedicated 120V 20amp circuits2. J-box or MC whip provided within 6ft of install 3. 3 wires - line, ground, neutral NO PUBLIC PARKING8"C-1/5-PRESENTATION All rights reserved. The intellectual property, concepts, and designs contained in this document are the exclusive property of Ion Art, Inc. Neither the document nor the information it contains may be copied, disclosed to …
2212 Trailside-proposed single family home located in the Zilker neighborhood BOA Case # C15-2022-0042 Technical, tree, fire and taps are all approved Zoning has rejected the proposed plan on the grounds that the Habitable Attic, with a 7’ finished ceiling, does not meet the criteria for exempting the area from Gross Floor Area (GFA). We believe 2212 Trailside as designed with the br4/office habitable attic area wedged into a space that would typically be a non-habitable attic meets the GFA exemption and the staff application of 3.3.4 is incorrect because 1. The proposed Habitable Attic does not have any external walls (3.3.4.a) 2. 100% of the proposed exempted space has a CEILING HEIGHT of less than 7’ (3.3.4.b- measured to the bottom of the horizontal member of the roof truss refers to HEIGHT and not CEILING HEIGHT) therefore satisfying the ratio requirement E-1/1-PRESENTATION The GFA Exemption Pathway under discussion 3.3.4 Does not apply to this situation. You can exempt GFA from McMansion via 3 pathways: 3.3.2 for Parking Areas 3.3.3 for Porches Basements & Attics 3.3.4 for areas < 5’ in HEIGHT This approach is using 3.3.3(C) for the Habitable Attic. 3.3.3(C) has 6 criteria to qualify as a habitable attic exemption (Must meet all 6) 1) The roof above it is not a flat or mansard roof and has a slope of 3:12 or greater 2) Fully contained within the roof structure 3) It has only 1 floor 4) It does not extend beyond footprint of floors below 5) It is the highest habitable portion of this section of the building & adds no mass to structure AND 6) 50% or more of the area has a CEILING HEIGHT of seven feet or less E-1/2-PRESENTATION The Area of Bedroom 4/office has a max ceiling height of 7’ in order to allow the hvac ducting to access the room from the mechanical above. The ceiling structure is designed with a truss in order to provide stability needed to support the roof over the egress skylights. This section is at the highest portion of the roof showing the complete truss. As the roof slopes down to the rear wall the trusses will change configuration and get smaller. The Habitable attic is all within the roof area of the second floor and does not penetrate the tent or add mass to the structure The skylights are operational and provide egress for the …
2609 San Pedro Street Austin, TX 78705 VARIANCE REQUEST to reduce 30’ from centerline of street requirement to 24’. Per UNO District LDC 25-2-757 (E); requirement of a building setback of 30’ from the centerline of the adjacent street F-1/1-PRESENTATION 2609 San Pedro Street neighboring properties distance from centerline of street F-1/2-PRESENTATION 2609 San Pedro Street 30’ distance from centerline of street unique to UNO • 910 Poplar Street – under construction within the UNO overlay but permitted under the properties LO-MU base zoning. Because the project did not opt into UNO, the 30’ from centerline requirement was not applicable • 2802-2806 San Pedro Street – about to break ground just outside the UNO overlay. Because being not an UNO project, will not have to comply with the 30’ from centerline requirement. • 2816 San Pedro Street – project under entitlement just outside the UNO overlay. Because being not an UNO project, will not have to comply with the 30’ from centerline requirement. F-1/3-PRESENTATION 2609 San Pedro Street • Intent of requirement is for fire department to be able to only block traffic in one direction. In the case of a one way, one lane, street, perhaps the measurement should be from the opposite side of the street, not the centerline as there is no opposing traffic. F-1/4-PRESENTATION 2609 San Pedro Street neighborhood improvements that come with project • 12’ wide streetscape w/ pedestrian lighting • Fully fire protected building • Affordable SMART housing units • Significant improvements to storm water infrastructure on San Pedro Street F-1/5-PRESENTATION 2609 San Pedro Street I am happy to answer any questions and/or provide additional clarification Thank you for your time and consideration. Cater Joseph F-1/6-PRESENTATION
Request for Variance 305 E. ST ELMO RD. F-2/1-PRESENTATION • Urban agricultural growing facility F-2/2-PRESENTATION F-2/3-PRESENTATION F-2/4-PRESENTATION F-2/5-PRESENTATION F-2/6-PRESENTATION Si(cid:87)e Plan E(cid:91)em(cid:83)(cid:87)ion Re(cid:84)(cid:88)e(cid:86)(cid:87) COMMENT REPORT (cid:177) (cid:83)age 1 of 3 A(cid:282)(cid:282)(cid:396)(cid:286)(cid:400)(cid:400): 305 E ST ELMO ROAD C(cid:258)(cid:400)(cid:286) (cid:951) 2021-142589 DATE: 04/04/22 _______________________ STATUS: REJECTED _______________________ We ha(cid:89)e (cid:83)(cid:85)oce(cid:86)(cid:86)ed (cid:92)o(cid:88)(cid:85) (cid:85)e(cid:84)(cid:88)e(cid:86)(cid:87) fo(cid:85) a Si(cid:87)e Plan E(cid:91)em(cid:83)(cid:87)ion. Your Site Plan Exemption Request has been REJECTED. Please submit any required updates using the form at the link below: https://app.smartsheet.com/b/form/8d030048875a4f79bef5b388eb3cb32c Plea(cid:86)e no(cid:87)e (cid:87)he follo(cid:90)ing commen(cid:87)(cid:86) f(cid:85)om (cid:86)(cid:87)aff (3 (cid:83)age(cid:86) (cid:87)(cid:82)(cid:87)al): S(cid:76)(cid:87)e P(cid:79)a(cid:81) E(cid:91)e(cid:80)(cid:83)(cid:87)(cid:76)(cid:82)(cid:81) Re(cid:84)(cid:88)e(cid:86)(cid:87) COMMENT REPORT (cid:177) (cid:83)age 2 (cid:82)f 3 Si(cid:87)e P(cid:79)a(cid:81) E(cid:91)e(cid:80)(cid:83)(cid:87)i(cid:82)(cid:81) Re(cid:84)(cid:88)e(cid:86)(cid:87) COMMENT REPORT (cid:177) (cid:83)age 3 (cid:82)f 3 A(cid:282)(cid:282)(cid:396)(cid:286)(cid:400)(cid:400): 305 E (cid:54)(cid:55) ELMO ROAD C(cid:258)(cid:400)(cid:286) (cid:951) 2021-142589 E(cid:69)GI(cid:69)EE(cid:90)I(cid:69)G Approved md.hossain@austintexas.gov A(cid:282)(cid:282)(cid:396)(cid:286)(cid:400)(cid:400): 305 E (cid:54)(cid:55) ELMO ROAD C(cid:258)(cid:400)(cid:286) (cid:951) 2021-142589 ACCEPTED A(cid:104)(cid:94)(cid:100)I(cid:69) (cid:116)A(cid:100)E(cid:90) N/A Bradley.Barron@austintexas.gov No Review Required SITE PLAN Denied. 1.) Building will require a 25-foot rear yard setback as the building is in LI zoning abutting residential. When LI zoning abuts residential, a 25-foot compatibility setback is required. Abraham.martinez2@austintexas.gov REJECTED CI(cid:100)(cid:122) A(cid:90)B(cid:75)(cid:90)I(cid:94)(cid:100) N/A Dillon Olsen - dillon.olsen@austintexas.gov ACCEPTED A(cid:116) (cid:87)L(cid:104)(cid:68)BI(cid:69)G APPROVED juan.beltran2@austintexas.gov ACCEPTED TRANSPORTATION Approved viktor.auzenne@austintexas.gov ACCEPTED C(cid:75)(cid:69)(cid:94)(cid:100)(cid:90)(cid:104)C(cid:100)ABI(cid:62)I(cid:100)(cid:122) Constructability Exemptions Comments Not Available anna.maijala@austintexas.gov ACCEPTED A(cid:104)(cid:94)(cid:100)I(cid:69) E(cid:69)E(cid:90)G(cid:122) Approved karen.palacios@austinenergy.com ACCEPTED EN(cid:115)IRONMENTAL approved mike.mcdougal@austintexas.gov ACCEPTED A(cid:104)(cid:94)(cid:100)I(cid:69) FI(cid:90)E N/A Trey.Sulak@austintexas.gov ACCEPTED F-2/7-PRESENTATION September 2016 Industrial Districts Zoning Guide LI Limited Industrial Service Limited Industrial Service district is the designation for a commercial service use or limited manufacturing use generally located on a moderately sized site. Site Development Standards Lot Minimum Lot Size Minimum Lot Width Maximum Building Coverage Maximum Impervious Covera Maximum Floor Area Ratio Massing 5,750 sq ft Maximum Height 50 ft 75% 80% 1:1 Minimum Setbacks Front yard Street side yard Interior side yard Rear yard Permitted and Conditional Uses 60 ft n/a n/a — — Civic Club or Lodge (c) College and University Facilities * Communication Service Facilities * Community Events * Community Recreation—Private * Community Recreation—Public * Congregate Living Counseling Services Cultural Services Day Care Services—Commercial Day Care Services—General Day Care Services—Limited Commercial Administrative and Business O(cid:421)ces Agricultural Sales and Services Art Gallery Art Workshop Automotive Rentals Automotive Repair Services Automotive Sales Automotive Washing—of Any Type Bail Bond Services Basic Industry Employee Recreation * Group Home Class I—Limited * Group Home Class I—General * Group Home Class II * Local Utility Services Maintenance and Service Facilities Railroad Facilities Religious Assembly Residential Treatment Safety Services Telecommunications Tower * …
509 E 38th E 38TH STREET(60' R.O.W.) 509 E 38th St - Subdivision Info E 38TH STREET(60' R.O.W.) Y T R E B L I T E E R T S ) . . W O R . ' 0 5 ( Seeking variance to keep existing 1954 home that would encroach into the 10-FT rear setback required per building code. For information purposes, this is the 50-FT frontage required for a lot subdivision, which creates the rear lot line for the existing house. Y T R E B L I T E E R T S ) . . W O R . ' 0 5 ( POA (cid:43) (cid:3) (cid:37) (cid:46) (cid:46) (cid:50) (cid:41) (cid:48) (cid:54) (cid:46) (cid:55) (cid:53) (cid:48) (cid:49) (cid:37) (cid:9) (cid:3) (cid:43) (cid:41) (cid:48) (cid:52) (cid:39) (cid:39) (cid:48) (cid:41) (cid:48) (cid:39) (cid:43) (cid:54) (cid:48) (cid:35) (cid:56) (cid:52) (cid:39) (cid:53) (cid:3) (cid:37) (cid:39) (cid:54) (cid:55) (cid:53) (cid:43) (cid:3) (cid:14) (cid:3) (cid:38) (cid:35) (cid:49) (cid:52) (cid:35) (cid:37) (cid:35) (cid:42) (cid:37) (cid:48) (cid:35) (cid:47) (cid:3) (cid:18) (cid:18) (cid:18) (cid:20) (cid:19) (cid:16) (cid:46) (cid:39) (cid:54) (cid:3) (cid:19) (cid:23) (cid:20) (cid:23) (cid:196) (cid:26) (cid:24) (cid:21) (cid:3) (cid:11) (cid:20) (cid:19) (cid:23) (cid:10) (cid:26) (cid:22) (cid:25) (cid:26) (cid:25) (cid:3) (cid:53) (cid:35) (cid:58) (cid:39) (cid:54) (cid:3) (cid:14) (cid:43) (cid:48) (cid:54) (cid:53) (cid:55) (cid:35) (cid:22) (cid:18) (cid:23) (cid:24) (cid:19) (cid:196) (cid:40) (cid:3) (cid:26) (cid:21) (cid:3) (cid:38) (cid:48) (cid:35) (cid:59) (cid:54) (cid:52) (cid:39) (cid:36) (cid:43) (cid:46) (cid:3) (cid:54) (cid:39) (cid:39) (cid:52) (cid:54) (cid:53) (cid:42) (cid:54) (cid:26) (cid:21) (cid:3) (cid:39) (cid:3) (cid:27) (cid:18) (cid:23) (cid:23) (cid:18) (cid:25) (cid:26) (cid:25) (cid:3) (cid:53) (cid:35) (cid:58) (cid:39) (cid:54) (cid:3) (cid:14) (cid:43) (cid:48) (cid:54) (cid:53) (cid:55) (cid:35) (cid:3) (cid:3) (cid:48) (cid:35) (cid:46) (cid:50) (cid:35) (cid:39) (cid:52) (cid:35) (cid:39) (cid:46) (cid:36) (cid:35) (cid:38) (cid:46) (cid:43) (cid:55) (cid:36) (cid:38) (cid:48) (cid:35) (cid:49) (cid:47) (cid:39) (cid:38) (cid:3) (cid:3) (cid:39) (cid:54) (cid:35) (cid:38) (cid:59) (cid:36) (cid:43) (cid:48) (cid:49) (cid:54) (cid:37) (cid:39) (cid:52) (cid:52) (cid:49) (cid:37) (cid:48) (cid:49) (cid:53) (cid:56) (cid:39) (cid:52) (cid:43) (cid:43) (cid:17) (cid:16) (cid:49) (cid:48) (cid:38)(cid:35)(cid:54)(cid:39)(cid:28) (cid:19)(cid:18)(cid:17)(cid:20)(cid:19)(cid:17)(cid:20)(cid:18)(cid:20)(cid:19) (cid:40)(cid:43)(cid:46)(cid:39)(cid:28) (cid:23)(cid:18)(cid:27)(cid:3)(cid:39)(cid:3)(cid:21)(cid:26)(cid:54)(cid:42)(cid:3)(cid:53)(cid:54)(cid:52)(cid:39)(cid:39)(cid:54) (cid:38)(cid:52)(cid:35)(cid:57)(cid:48)(cid:28) (cid:41)(cid:16)(cid:46)(cid:16)(cid:52) (cid:53)(cid:42)(cid:39)(cid:39)(cid:54) (cid:19) (cid:49)(cid:40) (cid:19) DEMO PLAN XXX XXX XXX SCALE IN FEET 1":10' BUILDABLE AREA F-3/1-PRESENTATION Exhibit A: 509 E 38th - Rear Encroachment from Subdivision The blue shaded area is the re-subdivided Lot 1. This variance request is adjacent to and affecting Lot 2 of the subdivision (not another neighbor). F-3/2-PRESENTATION Exhibit B: 509 E 38th - Existing Rear Setback Encroachment The existing rear garage is 4.4’ (aka 4’-5”) from …
3701 ROBBINS ROAD Case #C15-2022-0021 Bhavani Singal Principal Architect Workshop No. 5 COVER PAGE REQUESTS 1. A variance to decrease the front yard setback from 40’ to 15’. 2. A variance to increase the maximum impervious coverage requirement for portions of the site with slopes of 0-15% from 35% to 45%. 3. A variance to increase the maximum impervious coverage requirement for portions of the site with slopes of 26- 35% from 5% to 6%. WORKSHOP NO. 5ARCHITECTURE & INTERIORS3027 N. Lamar Blvd. #302BAustin, TX 78705512.710.9705www.workshopno5.com3701 ROBBINS RD#C15-2022-0021BOA VARIANCE REQUEST PRESENTATIONAPRIL 11, 2022H-1/1-PRESENTATION A100 5 telephone pedestal 5 3 5 0 3 5 wall EXISTING GARAGE OUTSIDE SIDE SETBACK 5 2 5 8 3 5 7 3 65 3 5 PROPOSED RESIDENCE WATER RECAPTURE AREAS 0 2 5 5 1 5 0 1 5 5 0 5 wall with wrought iron fence 0 0 5 EXISTING RESIDENCE LANDSCAPED GREEN SPACES SITE CONSTRAINTS old rock wall xx x x 5 1 5 wall t u o - n a e c l K C A B T E S N I T S U A E K A ' L 5 7 SEPTIC TANK SEPTIC DRAIN FIELD wood deck conc. steps WATER WELL 5 2 5 2022 SF ROOF DRAINAGE AREA FOR RAINWATER COLLECTION 520'-0" NEW 512'-6" EXISTING CISTERN OVERFLOW DRAIN CISTERN OVERFLOW RAIN GARDEN 2000 GAL CISTERN TO BE USED FOR IRRIGATION xx 0 2 5 515 xx xx FRONT YARD SETBACK - LAO 100 YEAR FLOODPLAIN ELEVATION 518'-0" 0 0 5 5 9 4 4 9 4 3 9 4 xx WATER'S EDGE 493'-0" 4 9° xx EXISTING CONDITIONS & DESIGN CONSTRAINTS 2 8 9 1 , 2 2 L I R P A E R O F E B D E D R O C E R T A L P F I K C A B T E S 5' 2 K C A B T E S N T S U A E K A L I ' 5 7 1. wall boat dock There is a 45’ change in level from the street to the water’s edge. 2. Existing house is in the 100-year floodplain. Proposed house is lifted 7’-6" above existing slab to allow a 2’ freeboard. This pushes the entry level up 2’-3" above the existing garage level. 3. The aging clients require a boatslip (deckabove) concrete boatslip (deckabove) 5 9 4 xx …
2904 RIVERCREST DRIVE AUSTIN, TX 78746 Case # 2022-000021 BA H-2/1-PRESENTATION AERIAL H-2/2-PRESENTATION MAP AERIAL H-2/3-PRESENTATION VARIANCE REQUEST Because the house currently sits 25’ from the front property line, we are respectfully seeking BoA Variance from: I. 25-2-492(D) LA zoning front setback encroachment to reduce the required 40-foot setback to 25-foot setback for existing residence. II. 25-2-963(E)(1)(B) to increase the height of a non-complying wall in the front setback from 23’8” to 24’1”. H-2/4-PRESENTATION REASONABLE USE The zoning regulations applicable to the property do not allow for a reasonable use because: • The lot is substandard as it was platted as a 15,416 square-foot lot in the mid- 1960s. It is less than 1 acre and does not meet the standards prescribed by Lake Austin zoning requirements. • This limits the property owners’ ability to reasonably use the site to the highest and best use as contemplated by the original plat and subsequent “A” and “LA” zoning categories. H-2/5-PRESENTATION HARDSHIP The hardship for which the variance is requested is unique to the property in that: • The applicant respectfully requests the board acknowledge the hardships in place as a result of the lot size being less than 1 acre, City initiated rezoning to LA zoning, existing front setback encroachment acknowledgement via approved building permits over a 30-year period, and the need to perform a substantial remodel on a 1988 era structure. • Compliance with existing 40-foot setback requires either full or partial demolition of the existing residence. H-2/6-PRESENTATION HARDSHIP ( CONT ’ D) The hardship is not general to the area in which the property is located because: • The site was issued a multitude of development permit approvals, exacerbating ongoing remodels for a noncomplying structure. H-2/7-PRESENTATION AREA CHARACTER 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: • There is zero known adverse impact on any adjacent property whether it be near or far from this site. • The reduction in impervious cover from 50% to 35% is a benefit not only to the environment but also alleviates any potential drainage concerns which may or may not have been an issue over the years (we are not aware of any drainage issues). H-2/8-PRESENTATION APPROVED BOARD …
AGENDA BOARD OF ADJUSTMENT May 9, 2022 at 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Sunday, May 8, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Rahm McDaniel ___Darryl Pruett EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CALL TO ORDER ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) PUBLIC COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval April 11, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. D. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS NEW PUBLIC HEARINGS C-1 C16-2022-0003 Shana Gardner for Joshua Needham 1401 E. 6th Street On-Line Link: Item C-1 PART1, PART2; PART3 PRESENTATION PART1, PART2, PART3 The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade in order to provide signage for mixed use development in a “TOD-NP”, Transit …
May 2, 2022 Shana Gardner 407 Radam Ln, Ste A-100 Austin TX, 78745 Property Description: Re: C16-2022-0003 Dear Shana, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-10-133 at 1401 E 6th St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881
C-1/1-LATE BACKUP From: To: Subject: Date: Kathleen Baireuther Ramirez, Elaine Sign Review Board May 9th 2022 - Case #C16-2022-0003 Wednesday, May 04, 2022 11:25:44 AM *** External Email - Exercise Caution *** Hi Elaine, I am a neighbor of this case and reached out to Shana for clarification about the site plan for the signs. She was very helpful and upon reviewing the proposed signage, I am in favor of the proposed variance, assuming the placement of the signs in practice is consistent with these renderings. I am not available during the meeting time on May 9th because I am traveling for work, but wanted to submit my comments in advance of the meeting. Thank you, Kathleen Baireuther 1601 E 5th St, Unit 201 Austin, TX 78702 -- Kathleen Baireuther mobile: 512.527.4864 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. C-1/2-LATE BACKUP
May 2, 2022 Felicia Foster P.O. Box 1170 Port Aransas, TX 78373 Re: C15-2022-0042 Property Description: LOT 14 BLK 1 BARTON HOLLOW Dear Felicia, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider an appeal challenging staff interpretation of LDC Chapter 25-2, Subchapter F. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881
May 6, 2022 Code interpretation appeal C15-2022-0042, item E-1 on BoA agenda for May 9, 2022 Attic exemption for 2212 Trailside Zilker Neighborhood Association Zoning Committee support of building official’s decision To: Susan Barr, Manager, Residential Plan Review, City of Austin Development Services Dept., and Chair and Board Members, City of Austin Board of Adjustment, Liaison Elaine Ramirez The issue in this case seems to be the use of an attic exemption for “a living area accessible from the second floor,” as the applicant noted in citing a previous code interpretation case. The ZNA zoning committee agrees with the Development Services Department assessment that the area in question “is all within the second-floor area of the home below the roof area.” We take that to mean that the area in question does not qualify as first-floor or second-floor attic space, and the only part of it that does not count toward FAR is the nonhabitable area less than 5 feet high. Judging from the elevations submitted by the applicant (E-1/20-22), the bedroom/office space occupies an extension of the second floor, not the attic above the first floor. The house as proposed consists of one- story wings (each with its own gable-roof attic) on the front and back of the main two-story structure. The right side of the two-story structure has a separate roof that slopes down to meet the exterior wall of the ground floor. The area above the first floor is not contained within the attic gables of the one-story wings, and it is not contained within the attic above the second floor. It is part of the second floor. We are puzzled, however, by the closing sentence of the DSD interpretation: “this space would normally be used as an attic.” It appears to us that the space would NOT normally be used as an attic but rather would be designed as living space with a balcony or bay windows to provide light for the second floor. It should be noted that the lot size for this site is 7497 sf, and the .4 FAR limit allows 2999 sf of floor area. If the proposed “attic” exemption is added to the data in the application, the site would have a total building area of 5139 sf, the equivalent of .685 FAR. This will be a very large house. We respectfully request that the Board uphold the decision of the …
2212 Trailside Drive May 9, 2022 - Board of Adjustments meeting 1 E-1/1-LATE BACKUP/PRESENTATION Subchapter F Intent • • Subchapter F is intended to minimize the impact of new construction, remodeling, and additions to existing buildings on surrounding properties in residential neighborhoods by defining an acceptable buildable area for each lot within which new development may occur. The standards are designed to protect the character of Austin's older neighborhoods by ensuring that new construction and additions are compatible in scale and bulk with existing neighborhoods. 2 E-1/2-LATE BACKUP/PRESENTATION Subchapter F Requirements Prior to 2006, a house was only limited by: • 35’ height • 40% building coverage • 45% impervious cover • • Subchapter F introduced a 40% floor-to-area ratio (FAR) or 2,300 square feet of gross floor area (GFA) and reduced the height to 32’. For Subchapter F, GFA is all enclosed space, regardless of its dimensions, that is not exempted under subsections 3.3.2, 3.3.3, or 3.3.4. 3 E-1/3-LATE BACKUP/PRESENTATION Subchapter F Exemptions 3.3.3 – Porch exemption 3.3.2 - Parking area exemptions 3.3.3 – Basement area exemption 4 E-1/4-LATE BACKUP/PRESENTATION Subchapter F Exemptions (cont.) 3.3.3 – Habitable Attic exemption All of the following criteria must be met: fully contained within the roof structure. 1. The roof is not flat or mansard roof; slope of 3:12 or >. 2. 3. has only one floor. 4. does not extend beyond the footprint of the floors below. 5. highest habitable portion of the building, or a section of the building, and adds no add’l mass to the structure. 6. 50% or > has a ceiling height of 7’ or < * * See BOA code interpretation C15-2011-0110 5 E-1/5-LATE BACKUP/PRESENTATION Subchapter F Enclosed Area 3.3.4 – Enclosed area w/ height 5’ or < An enclosed area shall be excluded from the calculation of gross floor area if it is five feet or less in height. For purposes of this subsection: A. Area is measured on the outside surface of the exterior walls; and B. Height is measured from the finished floor elevation, up to either: 1. 2. the underside of the roof rafters; or the bottom of the top chord of the roof truss, but not to collar ties, ceiling joists, or any type of furred-down ceiling 6 E-1/6-LATE BACKUP/PRESENTATION Prior BOA Interpretation 7 E-1/7-LATE BACKUP/PRESENTATION Ceiling Height Ratio • C15-2011-0110 and BCM 4.4.5.2 (4) make it clear that the ceiling height …
May 9, 2022 Mike Mchone P.O. Box 8412 Austin TX, 78713 Re: C15-2022-0035 Property Description: W 74.9FT LOT 9 OLT 60&64 DIV D GRAHAM SUBD Dear Mike, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance. from LDC 25-2-757(E) at 2609 San Pedro Street. AE cannot approve the request until a site plan is submitted showing the proposed construction on this lot and the distances between any proposed permanent structures and the existing overhead electric distribution facilities along San Pedro Street. Also, any proposed or existing improvements must follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881
May 2, 2022 Mr. Ned McDaniel 305 E St Elmo Rd #3 Austin TX, 78745 Re: C15-2022-0040 Property Description: 106.98 X 343.67FT AV BLK 5 BLOCKERS ADDN Dear Ned, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-601. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881
May 5, 2022 Lisa Gray 3530 Bee Caves Rd Austin TX, 78746 Re: C15-2022-0043 Property Description: 100X140FT BLK 3 OLT 7-8 DIVISION C Dear Lisa, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-492 at 508 E 38th Street. Austin Energy cannot release the rear yard setback at this time due to our existing facilities along the rear of this site. Any permanent structure on this lot is required to meet 10’ clearance from the outside conductor of the overhead electric distribution line along the rear lot line. To approve this variance request, AE will need proof (site plan or survey showing distances, etc.) that this clearance will be met. Also, any proposed or existing improvements must follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 cody.shook@austinenergy.com (512) 322-6881
From: Subject: Date: C15-2022-0043 Wednesday, May 04, 2022 3:12:54 PM *** External Email - Exercise Caution *** CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. F-3/1-LATE BACKUP Sista Irie Easement hearing for May 9 Wednesday, May 04, 2022 4:28:33 PM *** External Email - Exercise Caution *** From: To: Subject: Date: Hi Elaine, I was contacted by a close neighbor regarding a new owner on the block who is requesting an easement change from the City and has a hearing slated for May 9. The owner is Red Door LLC. There are three 'side by side' neighbors who live on this block and have some initial objections. I mistakenly threw out my objection form. We would like to ask for the hearing to be rescheduled so in order to request a meeting with Red Door LLC and ask for more information regarding the project. It is quite possible the meeting will allow us to stop the objections so it is important to everyone that we speak as a group. One of the neighbors who lives right behind them is reaching out to them later today to set up a time. Please let me know how to delay the hearing while we speak with the applicants and make sure we are all comfortable with any changes to the current City guidelines. Thank you, Beverly Shaw 512.619.1239 Beverly "Sista Irie" Shaw Media Professional, Photojournalist, Radio Broadcaster Community Radio Consultant Majesty Media, Island Stage Magazine, United Reggae 502 Texas Ave, Austin, Texas 78705 512.619.1239 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. F-3/2-LATE BACKUP F-3/3-LATE BACKUP From: To: Subject: Date: Abbey Ames Ramirez, Elaine Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Thursday, May 05, 2022 1:46:14 PM *** External Email - Exercise Caution *** Hi Elaine, I am emailing about the following permit/case: Permit/Case: 2022-000032 BA Reference File Name: C15-2022-0043 Address: 509 E 38th Street I would like to request a delayed hearing. I have tried to contact the applicant with questions I …
From: To: Subject: Date: Paige Pozzi Ramirez, Elaine Opposition case G-1-C15-2022-0011 and G-2 C15-2022-0012 Thursday, May 05, 2022 2:48:48 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez and fellow Board members, I am writing in opposition of the variance on the two properties at 2715 and 2717 Long Bow Trail Austin, TX 78734 (case numbers G-1-C15-2022-0011 and G-2 C15-2022-0012). I am a 13 year resident of Apache Shores, the Lake Austin neighborhood where these two properties are located. Our neighborhood is quickly growing and while I don’t like it, I accept it. I am not opposed to new houses being built (even on these lots, if they are built responsibly!). The growing trend of builders, especially this particular builder, seems to be to push the environmental limits to the extreme. This application for a variance is no exception. These properties are entirely too close to the lake to have so much impervious cover. Please do not approve this variance. This builder is currently building a 4 story home within 10 feet of our neighborhood’s beloved creek. That alone is my evidence for the complete and utter lack of environmental concern. When will it stop? I walk by (near) these lots several times a week on my way to the lake. I am a mom of three young kids. This letter isn’t written well, but it comes from my heart for the concern of the environment which is important to my family. Grateful for your consideration, Paige Pozzi 2503 Geronimo Trail Austin, TX 78734 512-789-7056 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. G-1/1-LATE BACKUP From: To: Subject: Date: B.J. Carpenter Ramirez, Elaine 2715 and 2717 Longbow Trail Variance Request Thursday, May 05, 2022 3:04:46 PM *** External Email - Exercise Caution *** Ms. Ramirez As a property owner in Apache Shores and an active member in the neighborhood I would like to voice my opposition to the variance request for the two following properties. 2715 Longbow Trail, case number G-1 C15-2022-0011 2717 Longbow Trail, case number G-2 C15-2022-0012 As an environmental professional I don't believe it is in the interest of the neighborhood, environment, or City of Austin to allow a variance from the COA …
From: To: Subject: Date: Paige Pozzi Ramirez, Elaine Opposition case G-1-C15-2022-0011 and G-2 C15-2022-0012 Thursday, May 05, 2022 2:48:48 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez and fellow Board members, I am writing in opposition of the variance on the two properties at 2715 and 2717 Long Bow Trail Austin, TX 78734 (case numbers G-1-C15-2022-0011 and G-2 C15-2022-0012). I am a 13 year resident of Apache Shores, the Lake Austin neighborhood where these two properties are located. Our neighborhood is quickly growing and while I don’t like it, I accept it. I am not opposed to new houses being built (even on these lots, if they are built responsibly!). The growing trend of builders, especially this particular builder, seems to be to push the environmental limits to the extreme. This application for a variance is no exception. These properties are entirely too close to the lake to have so much impervious cover. Please do not approve this variance. This builder is currently building a 4 story home within 10 feet of our neighborhood’s beloved creek. That alone is my evidence for the complete and utter lack of environmental concern. When will it stop? I walk by (near) these lots several times a week on my way to the lake. I am a mom of three young kids. This letter isn’t written well, but it comes from my heart for the concern of the environment which is important to my family. Grateful for your consideration, Paige Pozzi 2503 Geronimo Trail Austin, TX 78734 512-789-7056 p CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. G-2/1-LATE BACKUP From: To: Subject: Date: B.J. Carpenter Ramirez, Elaine 2715 and 2717 Longbow Trail Variance Request Thursday, May 05, 2022 3:04:46 PM *** External Email - Exercise Caution *** Ms. Ramirez As a property owner in Apache Shores and an active member in the neighborhood I would like to voice my opposition to the variance request for the two following properties. 2715 Longbow Trail, case number G-1 C15-2022-0011 2717 Longbow Trail, case number G-2 C15-2022-0012 As an environmental professional I don't believe it is in the interest of the neighborhood, environment, or City of Austin to allow a variance from the …
May 2, 2022 David Cancialosi 300 E Highland Mall Blvd Austin, TX 78752 Re: C15-2022-0032 Property Description: LOT 15 BLK A RIVERCREST ADDN SEC 1 Dear David, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variances from LDC 25-2-492(D) and 25-2-963-E-1-B at 2904 Rivercrest Dr. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881
From: To: Subject: Date: Richard Wambold Ramirez, Elaine Fwd: Case # C15-2022-0032 Friday, April 29, 2022 2:48:24 PM *** External Email - Exercise Caution *** Sorry for not getting this to you earlier. I had sent a message asking for a brief call and then accidentally misspelled your last name when I did send it. If you have any questions do no hesitate to email me. Thank you , Richard L Wambold. Begin forwarded message: From: Richard Wambold Date: April 28, 2022 at 1:36:59 PM CDT To: elaine.ramiez@austintexas.gov Subject: Case # C15-2022-0032 Owner: Cody Stavig Address : 2904 Rivercrest Drive Lot 15 Blk A Rivercrest Addition Sec 1 My name is Richard Wambold and I live next door at 2906 Rivercrest Drive. My wife and have owned the property since 2008. According to this document the property is owned by Mr Stavig. I believe he lives in Portland Oregon and we have not had the opportunity to meet him or discuss any of the issues raised in this notice. We and other neighbors who have spoken out in similar situations just want to protect the character of our neighborhood and the value of our investments. Because of this I am against granting the variances requested. The reasoning is simple and not meant as a criticism to our new neighbor or his architectural plan. We have all had to build within the same constraints as he faces and have found a way to do so. His lot is average size and doesn’t have a unique impairment that I’m aware of. I suspect he wants to add additional space in his home, most of us do. Rivercrest Drive is a beautiful narrow lane which would take on the feel of an alley if we all built out so close to it. As a next door neighbor it would block much our view of the street and block the street view of our home, potentially negatively impacting the value of our home. In closing I would like to add that I am aware of several similar requests that have either been denied or withdrawn by the applicants. Many years ago our own request, while substantially different, was denied. At the time a neighbor shared with me that the neighborhood was not responding to me or my particular H-2/1-LATE BACKUP problem. Rather it was protecting the charm that brought me there and that …
Chair Cohen Board of Adjustment Members From: Brent D. Lloyd Development Officer, DSD To: Eric Thomas Residential Zoning Plans Examiner Supervisor, DSD Date: May 9, 2022 Subject: Appeal of Staff Interpretation of “Habitable Attic” Exemption from Subchapter F’s Gross Floor Area Limitations ________________________________________________________________________ The matter before the Board of Adjustment (“BOA”) is an administrative appeal challenging staff’s disapproval of residential building plans submitted for development proposed at 2212 Trailside Drive. The issue of code interpretation before the Board is whether Development Service Department’s (“DSD”) correctly applied the “habitable attic” exemption from the gross floor area requirements of Chapter 25-2, Subchapter F (Residential Design & Compatibility Standards) of the Land Development Code (“LDC”). Procedural Requirements for Appeal The Appellants represent the applicant for the building permit at issue in this case, and they timely filed their appeal on April 7, 2022. Therefore, staff believes the appeal is properly before the BOA for consideration. In acting on the appeal, the BOA may uphold, modify, or reverse DSD’s decision rejecting the proposed building plans, as provided in City Code Sec. 25-1-192, based on whether they comply with applicable zoning regulations. The burden is on Appellant to show that staff’s disapproval of the proposed plans was based on an incorrect interpretation of the applicable code requirements. Following resolution of the appeal, DSD will abide by the BOA’s interpretation of the applicable regulations both for the application at issue in this case and future applications involving Subchapter F’s gross floor area requirements. Summary of Issues & Subchapter F Provisions The primary issue before the Board can be summarized as follows: In disapproving the proposed building plans, did staff correctly conclude that the proposed attic space is not exempt from calculation of gross floor area under Subchapter F’s exemption for habitable attic space based on measurement of ceiling height? Review History The initial application and plans were accepted by Residential Intake on November 16, 2021. The first master comment report was sent by the coordinating reviewer on December 8, 2021, with rejection comments from the zoning reviewer and technical building code reviewer. City of Austin | Staff Report re: BOA Appeal (2212 Trailside Dr.) 05/09/2022 | Page 1 of 4 The first formal update was received on December 20, 2021. The second master comment report was sent by the coordinating reviewer on January 10, 2022, with rejection comments from the zoning reviewer. The zoning reviewer met …
From: To: Subject: Date: Susan Van Nostrand Ramirez, Elaine 2715 and 2717 Long Bow Trail Variance Request Hearing Tonight May 9th Monday, May 09, 2022 12:00:02 PM *** External Email - Exercise Caution *** Hello Ms. Ramirez, In regards to case number: G-1 C15-2022-0011 & G-2 C15-2022-0012 I live across the street from this property. I attended the last hearing and spoke in opposition to this variance exception. The variance was denied at that time. I am unable to attend tonight due to my son's baseball game. I would say the same thing I did last time. I spoke to the builder and asked for them to build something smaller that fits in the small lot. He said no, he was going to build his 1.2 million dollar three story white houses or he wouldn't make enough money. I have lived here for over 20 years and moved to this neighborhood to enjoy space, light and nature not huge three story white walls built on a tiny lot where he has to clear all the trees and cut out the mountain. I am asking that this builder be denied to increase the impervious cover from 5% to 40%. I would plead to the board that this is wrong and the rules are in place to protect our lakes and he refused to compromise. Respectfully, Susan Van Nostrand 2706 Long Bow Trail CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.
From: To: Subject: Date: Susan Van Nostrand Ramirez, Elaine 2715 and 2717 Long Bow Trail Variance Request Hearing Tonight May 9th Monday, May 09, 2022 12:00:02 PM *** External Email - Exercise Caution *** Hello Ms. Ramirez, In regards to case number: G-1 C15-2022-0011 & G-2 C15-2022-0012 I live across the street from this property. I attended the last hearing and spoke in opposition to this variance exception. The variance was denied at that time. I am unable to attend tonight due to my son's baseball game. I would say the same thing I did last time. I spoke to the builder and asked for them to build something smaller that fits in the small lot. He said no, he was going to build his 1.2 million dollar three story white houses or he wouldn't make enough money. I have lived here for over 20 years and moved to this neighborhood to enjoy space, light and nature not huge three story white walls built on a tiny lot where he has to clear all the trees and cut out the mountain. I am asking that this builder be denied to increase the impervious cover from 5% to 40%. I would plead to the board that this is wrong and the rules are in place to protect our lakes and he refused to compromise. Respectfully, Susan Van Nostrand 2706 Long Bow Trail CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0003 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Shana Gardner OWNER: Joshua Needham ADDRESS: 1401 E 6TH ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade in order to provide signage for mixed use development in a “TOD- NP”, Transit Oriented District–Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (H) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA MEETING MAY 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve; Board member Melissa Hawthorne seconds on a 10-0, vote; GRANTED. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: N/A OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: This property is not unique in the types of signage requested, the proposed signage is comparable to the existing signage on other mixed use developments in the surrounding area therefore it will not have an adverse impact on the neighboring properties. OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: most businesses in the area have illuminated signage, the type of lighting used for the building signage is understated in nature and matches the existing aesthetic of the sign district. AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: Granting this variance would simply allow this property the same level of privilege enjoyed by the surrounding areas and similar mixed use properties. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0001 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Esteban Arrieta OWNER: Eames Gilmore ADDRESS: 10107 RESEARCH BLVD SVRD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (3) The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Darryl Pruett motions to postpone to April 11, 2022; Board Member Melissa Hawthorne seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to May 9, 2022; Board Member Richard Smith seconds on a 11-0 vote; POSTPONED TO MAY 9, 2022. May 9, 2022 POSTPONED TO JUNE 13, 2022 BY APPLICANT FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 CASE NUMBER: C15-2022-0042 DATE: May 9, 2022 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Felicia Foster OWNER: Valentin Bohorov ADDRESS: 2212 TRAILSIDE DR VARIANCE REQUESTED: The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter F (Residential Design and Compatibility Standards) of the Land Development Code in connection with disapproval of a permit application for construction of a single-family home at the above-referenced address. The primary basis of the appeal is calculation of gross floor area for a “habitable attic” under the Land Development Code, in particular, requirements in Section 3.3 of Subchapter F. The appellant contends that staff incorrectly applies provisions related to the calculation of ceiling height for exempt space as applied to a two-story residence in an “SF-3”, Single-Family zoning district. Note: Subchapter F: Residential Design and Compatibility Standards, Article 3 Definitions and Measurement, 3.3 Gross Floor Area, 3.3.3 Porches, basements, and attics that meet the following requirements shall be excluded from the calculation of gross floor area: (C) A habitable portion of an attic if: 1. 2. 3. 4. The roof above it is not a flat or mansard roof and has a slope of 3 to 12 or greater; It is fully contained within the roof structure; It has only one floor; It does not extend beyond the footprint of the floors below: Fifty percent or more of the area has a ceiling height of seven feet or less. It is the highest habitable portion of the building, or a section of the building, and adds 5. no additional mass to the structure; and 6. BOARD’S DECISION: BOA MEETING MAY 9, 2022. The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny the appeal request and uphold City staff’s interpretation; Board Member Melissa Hawthorne seconds on a 10-0 vote; APPEAL DENIED AND UPHOLD CITY STAFF’S INTERPRETATION. FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0035 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Mike Mchone OWNER: DC+CJ San Pedro LLC, Cater Joseph ADDRESS: 2609 SAN PEDRO ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Article 3, Division 9 – University Neighborhood Overlay District Requirements, Section 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street (required) to 24 feet from the centerline of adjacent street (requested) in order to erect a Multi-Family SMART Housing Building in an “MF-4- NP”, Multi-Family-Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: Per LDC 25-2-757 SETBACKS; COMPATIBILITY (E) A building must be at least 12 feet from the front face of the curb of the adjacent street and at least 30 feet from the centerline of the adjacent street, 12 ft. from the face of curb for the required UNO Streetscape will be provided. BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0040 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___A____Barbara Mcarthur ABSTAINED ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Ned McDaniel ADDRESS: 305 E ST ELMO RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-601 (Industrial Park (IP), Major Industry (MI), and Limited Industrial Services (LI) District Regulations) from setback requirements to decrease the minimum Rear Yard Setback from 25 feet (required) to 18 feet (requested), in order to complete an Urban agricultural growing facility in a “LI-NP”, Limited Industrial Services- Neighborhood Plan (East Congress Neighborhood Plan). Note: Per LDC 25-2-601 Industrial Park (IP), Major Industry (MI), and Limited Industrial Service (LI) District Regulations (A) This section applies in an industrial park (IP), major industry (MI), or limited industrial services (LI) district. (2) 25 feet, if adjacent to property zoned as or used for a use permitted in an MF-1, MF-2, MF-3, MF-4, MF-5, MF-6, or MH district BOARD’S DECISION: May 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to approve; Board Member Melissa Hawthorne seconds on a 9-0-1 vote (Board member Barbara Mcarthur abstained); GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: LI zoning does allow for reasonable use, the city’s changes to the zoning of the adjacent property has negatively impacted the original zoning use. 2. (a) The hardship for which the variance is requested is unique to the property in that: the city changed the zoning to the adjacent property which negatively impacted original zoning use of no rear setback requirement, there is an implied rear setback restriction of 25ft based on recent change of zoning and city’s storm drain retention wall encroaches on rear property which reduces the land use. (b) The hardship is not general to the area in which the property is located because: my understanding of LI zoning of the property had no rear setback requirements, and that zoning of no rear setback be grandfathered. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet G-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less increase the maximum impervious cover on a slope with a gradient of more than 25 reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Agustina Rodriguez motions to deny; Board Member Richard Smith seconds on a 6-5 vote (Board members Jessica Cohen, Melissa Hawthorne, Darryl Pruett, Kelly Blume, Marcel Gutierrez-Garza nay); DENIED. RECONSIDERATION REQUESTED: MAY …
CITY OF AUSTIN Board of Adjustment Decision Sheet G-2 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0012 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2717 LONG BOW TRL VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) less from 35 percent (allowed) to 40 percent (requested) (b) and not more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) to 27 percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility increase the maximum impervious cover on a slope gradient greater than 35 percent increase the maximum impervious cover on a slope with a gradient of 15 percent or increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope with a gradient of 15 percent that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny; Board Member Nicholl Wade seconds on a 10-1 vote (Board member Kelly Blume nay); DENIED. RECONSIDERATION REQUESTED: MAY 9, 2022 POSTPONED TO JUNE 13, 2022 …
CITY OF AUSTIN Board of Adjustment Decision Sheet H-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0021 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Bhavani Singal OWNER: Heidi Lew ADDRESS: 3701 ROBBINS RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s): 25-2-492 (Site Development Regulations) from setback requirements to decrease the 1. minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 2. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope with a gradient of 15 percent or (a) less from 35 percent (allowed) to 48 percent (requested), (58% existing) increase the maximum impervious cover on a slope with a gradient of more than 25 (c) percent and not more than 35 percent from 5 percent (allowed) to 14 percent (requested), (4% existing) in order to erect a new two story Single-Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. BOARD’S DECISION: March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to April 11, 2022; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to May 9, 2022; Chair Jessica Cohen seconds on a 10-0 vote (Board member Nicholl Wade no vote off the dais); POSTPONED TO MAY 9, 2022. (RE-NOTIFICATION); VARIANCE REQUESTED: RENOTICE -The applicant is requesting a variance(s) from the Land Development Code, Section(s): 1. 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 25-2-551 (Lake Austin District Regulations) (C) (3) (a) (b) (c) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 36 percent (requested), (45% existing) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more …
CITY OF AUSTIN Board of Adjustment Decision Sheet H-2 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0032 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: David Cancialosi OWNER: Cody Stavig ADDRESS: 2904 RIVERCREST DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s): a) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 25 feet (requested) and b) 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height from 23 feet 8 inches (allowed) to 24 feet 1 inch (requested) in order to remodel an existing non-complying Single-Family residence in a “LA”, Lake Austin zoning district. Note: Land Development Code, Section 25-2-963 (E) A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if: (1) the increase is made to a portion of the building that: (b) complies with the yard setback requirements of this title. BOARD’S DECISION: BOA MEETING APRIL 11, 2022 POSTPONED TO MAY 9, 2022 DUE TO AE DENIAL; May 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve; Board Member Michael Von Ohlen seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot is substandard in LA zoning, existing structure that has a 25ft SB and extensive remodel and original placement of the house and setback of adjacent houses is in alignment for the street. 2. (a) The hardship for which the variance is requested is unique to the property in that: is an older structure built prior to LA zoning being in lot a zoning existing structure within 40 feet setback with setback of 25 feet standard residential setback. (b) The hardship is not general to the area in which the property is located because: has several remodel permits on existing noncomplying structure. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district …
AGENDA MEETING MINUTES May 9, 2022 The Board of Adjustment meeting convened on Monday, May 9, 2022. Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:35 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Melissa Hawthorne (Vice Chair), Agustina Rodriguez, Michael Von Ohlen Board Members in Attendance (virtually via teleconference): Thomas Ates, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) Marcel Gutierrez-Garza (Alternate), Carrie Waller (Alternate) Board Members Absent: Brooke Bailey, Richard Smith, Nicholl Wade and Rahm McDaniel City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval April 11, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. D. Board Member Melissa Hawthorne motions to approve the minutes for April 11, 2022, Board member Michael Von Ohlen seconds on a 9-0-1 votes (Board member Barbara Mcarthur abstained); APPROVED MINUTES FOR APRIL 11, 2022. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant/neighborhood/staff for Items D- 1, G-1, G-2, F-3; AE Denial for Items F-1 and F-3 Board member Melissa Hawthorne motions to add Items F-1 and F-3 to the Postponement requests to June 13, 2022 due to AE denials, Board member Agustina Rodriguez seconds on a 10-0 vote, ADDED ITEMS F-1 AND F-3 TO JUNE 13, 2022 POSTPONEMENT REQUESTS. Board member Melissa Hawthorne motions to approve the postponement requests for Items D-1, G-1, G-2, F-1 and F-3 to June 13, 2022, Board member Michael Von Ohlen …
