Board of Adjustment Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
AGENDA MEETING MINUTES July 11, 2022 The Board of Adjustment meeting convened on Monday, July 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 5:39 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Ryan Nill, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Melissa Hawthorne (Vice Chair), Barbara Mcarthur, Darryl Pruett, Nicholl Wade, Carrie Waller (Alternate) Board Members Absent: Agustina Rodriguez and Richard Smith City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 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 June 13, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes Item-1/1 B. C. Board Member Melissa Hawthorne motions to approve the minutes for June 13, 2022, Board member Brooke Bailey seconds on a 10-1-0 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR June 13, 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 C- 2 AE Denial; Items D-1, E-3 requesting postponement to August 8, 2022 by applicant, Item C-1 requesting withdrawal by applicant. Board member Melissa Hawthorne motions to approve postponement requests (by applicant) for Items D-1 and E-3 and Item C-2 (AE denial) postponement request (by board) to August 8, 2022, Board member Thomas Ates seconds on an 11-0 vote, ITEMS D-1, E-3 and C-2 POSTPONED TO AUGUST 8, 2022 AND C-1 WITHDRAWN BY APPLICANT. SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2022-0001 Esteban Arrieta for Eames Gilmore 10107 Research …
AGENDA MEETING MINUTES July 13, 2022 The Board of Adjustment -Special called meeting convened on Wednesday, July 13, 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 5:15 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Ryan Nill, Richard Smith, Michael Von Ohlen, Kelly Blume (Alternate), Marcel Gutierrez- Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Agustina Rodriguez, Nicholl Wade, Carrie Waller (Alternate) Board Members Absent: Melissa Hawthorne (Vice Chair) Recused, Barbara Mcarthur, Darryl Pruett City Staff in Attendance: Elaine Ramirez (Board Liaison), Chad Shaw (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 CALL TO ORDER A. INTERPRETATION NEW PUBLIC HEARINGS A-1 C15-2022-0051 Stuart Hersh (Appellant) TDC Griffin Windsor Owner, LLC 5900 Westminster Drive On-Line Link: Item A-1 Item-1/1 The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: Article 1 – General Provisions 1.1 General Intent 1.5 Alternative Equivalent Compliance Article 2 – Site Development Standards 2.1 Intent 2.2 Relationship of Buildings to Streets and Walkways 2.8 Shade and Shelter Article 3 – Building Design Standards 3.1 Intent 4.1 Intent and 4.3 Vertical Mixed Use Buildings Article 4 – Mixed …
M E M O R A N D U M TO: Mayor and Council DATE: January 14, 2022 FROM: Denise Lucas, Director, Development Services Department SUBJECT: 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 Item-10/1
§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. Item-11/1 ARTICLE 3. - PROCEDURES FOR APPEALS Division 1. - Reserved.[2] Footnotes: --- (2) --- §§ 2-5-41—2-5-45. - RESERVED. Division 2. - Appeals. § 2-5-61 - GENERAL PROVISIONS FOR APPEALS. Editor's note— Ord. No. 20170518-014 >, Pt. 4, effective May 29, 2017, repealed §§ …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: July 11, 2022 CASE NUMBER: C16-2022-0004 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) N/A _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Apple Tree Holdings LLC-Tony Nguyen ADDRESS: 4507 IH 35 SVRD NB 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) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square a) feet (requested) and (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in b) order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office- Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a)on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot width more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. Item-3/1 (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: BOA MEETING JUNE 13, 2022 POSTPONED TO JULY 11, 2022 (AE DENIAL); JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY BOARD (AE DENIAL) 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 …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0046 BOA DATE: August 8th, 2022 ADDRESS: 1101 Quaker Ridge Dr OWNER: Leslie Socha COUNCIL DISTRICT: 8 AGENT: Ricca Keepers ZONING: SF-2 LEGAL DESCRIPTION: LOT 19 BLK N HILLS OF LOST CREEK SEC 4 PHS A THE VARIANCE REQUEST: decrease the minimum Street Side Yard Setback from 15 feet to 10 feet. SUMMARY: erect an addition above the garage. ISSUES: corner lot, PUE, and location of trees ZONING LAND USES Site North South East West SF-2 SF-2 SF-2 P SF-2 Single-Family Single-Family Single-Family Public Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets City of Rollingwood Friends of Austin Neighborhoods Lost Creek Neighborhood Association Neighborhood Empowerment Foundation Save Our Springs Alliance Sierra Club, Austin Regional Group TNR – BCP Travis County Natural Resources Item-4/1 July 25, 2022 Ricca Keepers 3712 Apple Vista Circle Pflugerville, TX 78660 Re: C15-2022-0046 Dear Ricca, Property Description: LOT 19 BLK N HILLS OF LOST CREEK SEC 4 PHS A THE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-3-153 at 1101 Quaker Ridge 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 Cody.Shook@austinenergy.com Item-4/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll …
BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: decrease the minimum Front Yard Setback from 25 feet to 12 feet 3 inches CASE: C15-2022-0064 BOA DATE: August 8th, 2022 ADDRESS: 1014 Avondale Rd OWNER: Nickie & Eric Froiland COUNCIL DISTRICT: 9 AGENT: Mark Vornberg ZONING: SF-3-NP (South River City) LEGAL DESCRIPTION: LOT 20 BLK 28 TRAVIS HEIGHTS SUMMARY: erect a Carport ISSUES: irregular shaped lot, grade change, & protected trees ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Greater South River City Combined Neighborhood Plan Contact Team Homeless Neighborhood Association Neighborhood Empowerment Foundation Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition South River City Citizens Assn. South River City Citizens Planning and Zoning Committee Item-5/1 July 25, 2022 Jacob Thevenot 1014 Avondale Rd Austin TX, 78704 Re: C15-2022-0064 Property Description: LOT 20 BLK 28 TRAVIS HEIGHTS Dear Jacob, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492(D) at 1014 Avondale Rd. 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 Cody.Shook@austinenergy.com Item-5/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the …
Item-6/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) OUT _______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; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: Item-6/2 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 Item-6/3 ____________________________________________________________________________ Land Development Code, Section 25-2-492, Site Development Regulations for a rear yard ____________________________________________________________________________ setback of 10-ft (required) to 9-ft (requested) ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ a) b) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application | Page 5 of 8 Item-6/4 ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ - - 1. 2. 3. 4. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application | …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0048 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) N/A _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Rodney Bennett OWNER: Diana Patterson ADDRESS: 2500 SPRING LN VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height of six (6) feet or a maximum height of seven (7) feet (required) for a solid fence along the property line in order to construct a ten (10) feet (requested) tall masonry wall/fence along Bowman Avenue in a SF-3-NP”, Single-Family-Neighborhood Plan zoning district (WANG Neighborhood Plan). Note: The Land Development Code 25-2-899 (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. Homeowner was Granted a fence variance in 2010 from 6 ft. to 8 ft., C15-2010-0034. BOARD’S DECISION: BOA MEETING JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT FINDING: Item-7/1 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forItem-7/2 LOCATION OF 8' WALL & PROP OSED 10' WALL < < < < < < < < < < < < < < Item-7/3 Item-7/4 Item-7/5 Item-7/6 Item-7/7 BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0048 BOA DATE: July 11th, 2022 ADDRESS: 2500 Spring Ln OWNER: Diana Patterson COUNCIL DISTRICT: 10 AGENT: Rodney Bennett ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: S 85 FT OF LOT 10 FOX SCHMIDT SUBD VARIANCE REQUEST: construct a ten (10) foot tall masonry wall/fence along Bowman Avenue SUMMARY: erect a masonry wall/fence ISSUES: loud and odorous semi-trucks, closeness of shopping center to …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-6 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0060 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. (C) (1) (a) from height limitations to increase the height limit from two (2) stories Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and Item-8/1 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022. 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 …
BOA Monthly Report July 2022-June 2023 July 13, 2022 Special called meeting (Interpretation) Denied Appeal 1 1. 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use- Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). (Added july13# 2022) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Melissa Hawthorne/Barbara Mcarthur/Darryl Pruett 6 6 1 1 4 Item-9/1 Granted 6 July11, 2022 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback and 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two-Family Residential use location 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback and decrease the minimum front yard setback lot size requirements to decrease the minimum lot 4. 25-2-492 (Site Development Regulations) from a) size and b) setback requirements to decrease the minimum front yard setback and c) building coverage and d) impervious coverage 5. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 6. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Rear Yard Setback Postponed 6 1. 25-10-123 (Expressway Corridor Sign District Regulations): a)(B) (2) (b) (i) to exceed sign area and b) (a) to exceed sign height 2. 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height 3. 25-2-1063 (Height Limitations and Setbacks for Large Sites) a)(B) (1) from setback requirements to decrease the setback and b)(C) (1) (a) from height limitation to increase 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback 5. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback 6. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback (B) (3) 1 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height Withdrawn 1 Denied 0 Discussion Items 4 July 2022. Interpretations 0 new inquiries (Added july11# 2022) The deposition of the case items: …
4507 NORTH INTERSTATE 35 Sign Proposal for Apple Tree Holdings Alex Ybarra Director, Apple Tree Holdings LLC 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 1 of 27 Item-3/1 INTRODUCTION The property at 4507 North Interstate 35 is uniquely situated at the I-35 split and is surrounded by several trees. 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 2 of 27 Item-3/2 LAND DEVELOPMENT CODE Relevant Code: §25-10-123 (Expressway Corridor Sign Districts) (B)(2)(b)(i) and §25-10-123 (B)(3)(a) which regulate the sign area and sign height, respectively. 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 3 of 27 Item-3/3 VARIANCE FINDINGS First: The existing sign is blocked from view by large trees, many of which are over 35 feet high. These trees are either on neighboring properties or city property; therefore, petitioner has no control over those trees. We would also like to preserve trees on the 4507 property to the fullest extent possible. The proximity to the I-35 split also causes visibility issues. 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 4 of 27 Item-3/4 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 5 of 27 Item-3/5 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 6 of 27 Item-3/6 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 7 of 27 Item-3/7 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 8 of 27 Item-3/8 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 9 of 27 Item-3/9 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 10 of 27 Item-3/10 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 11 of 27 Item-3/11 SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 12 of 27 Item-3/12 VARIANCE FINDINGS Second: The granting of these variances will not have a substantially adverse impact upon neighboring properties as our assessment is that continued development of 4507 provides a benefit to the neighborhood through crime reduction, continued investment, and improvement of a previously abandoned property. Additionally, the LED sign is equipped with two photocells that ensure that the sign adjusts to ambient lighting conditions. This feature preserves ambient lighting conditions, whereas a traditional cabinet sign uses a light that is on a single fixed setting. These safeguards prevent any type of light pollution. 4507 …
1101 Quaker Ridge Variance Request Item-4/1 1101 Quaker Ridge ´ Case: C15-2022-046 ´ Owners: Jeffery and Leslie Socha ´ Presented by: Ricca Keepers, Keepers Land Planning and Permitting Item-4/2 1101 Quaker Ridge ´ 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 Street Side Yard Setback from 15 feet (required) to 10 feet (requested), in order to erect an addition above the garage in a “SF-2”, Single-Family zoning district. ´ Variance is requested for the following reasons ´ Large, 19” Red Oak in the backyard, see attached tree survey and arborist’s, prohibits building any structure in the backyard ´ The house backs up to a beautiful walking trail and park. The owner’s are hoping to avoid obscuring the view to the park by building over the garage. ´ Current house is two stories, proposed addition would be no higher than the current height of the house ´ House is on a corner lot, corner lot setbacks are significantly different than that of an interior lot resulting in less area in back and side yard to build on Item-4/3 1101 Quaker Ridge Pictures Front of the house, showing garage and current height Item-4/4 1101 Quaker Ridge Picture Side of house and garage leading up to the park in the back of the house Item-4/5 1101 Quaker Ridge Entire garage shown, as well as height of current house. Item-4/6 1101 Quaker Ridge Showing the fence in the back of the property, including the park and walking trail that is behind the house. You can also see the 19” Red Oak that prohibits building in the back Item-4/7 1101 Quaker Ridge Arial view of the property to include the park and waking trails. Development in the backyard would obstruct the current view of the park. Item-4/8 1101 Quaker Ridge Survey Item-4/9 1101 Quaker Ridge You can see from this image, the backyard leaves little room for an addition due to additional setbacks and protected trees. Specifically, the tree on the corner in the backyard further prevents construction in the backyard. Item-4/10 1101 Quaker Ridge Arborist’s Report showing tree noted on survey in the back of the house, 19” Red Oak, noted in ”Good Condition” Item-4/11
The Plan 38th Street 509 E 38th Street Case #C15-2022-0043 Eric Goff L i b e r t y S t r e e t • Original lot (outlined in green) is 14,027 SF corner lot with a 1954 home on it. Home is in good condition. • Subdividing into Lot 1 and Lot 2 • New Lots: • Lot 1: faces and has driveway access to 38th Street, is 8,230 SF, and contains the existing 1954 house • Lot 2: has access on Liberty street. 5,770 SF . Has 50 ft of frontage (minimum allowed by code). Plan is to build a home on this lot Item-6/1 The Variance 38th Street 509 E 38th Street Case #C15-2022-0043 Eric Goff L i b e r t y S t r e e t • Lot 2 (the new lot) does not need any variances, it meets code. • Lot 1 (with existing house) • Due placement of the existing house, we need a 1 foot variance to the set back requirement. • The house needs a 10 ft set back, but is 8 inches too far toward the back of the lot. Item-6/2 The Findings 509 E 38th Street Case #C15-2022-0043 Eric Goff Required Findings: (A) reasonable use: A subdivision would require the demolition of the existing 1954 house that is representative of the character and scale of the area. (B) Hardship unique to property and not general: The Property includes an existing 1954 house that is typical for the area and worth preserving. The placement of the house by 8 inches presents a challenge that not all area lots share. (C) Adjacent Property: a one foot variance to the setback will not impair the use of any surrounding properties Item-6/3 509 E 38th Street Case #C15-2022-0043 Eric Goff The Potential Outcomes If variance is granted: The Variance will allow the new house to stay as is. If variance is not granted: Without the variance, the house will have to be demolished before the subdivision can be approved. See back up materials for a letter from COA Subdivision official that says the variance or demolition is needed before subdivision can be approved Item-6/4 The House Built in 1954 509 E 38th Street Case #C15-2022-0043 Eric Goff Item-6/5 Preservation Austin 509 E 38th Street Case #C15-2022-0043 Eric Goff July 27 – the Advocacy Committee of Preservation Austin voted unanimously in support …
1. REGULAR MEETING of the BOARD OF ADJUSTMENT AUGUST 8, 2022 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD/COMMISSION 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 via 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 email for elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to CURRENT BOARD MEMBERS: ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Ryan Nill ___Darryl Pruett ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES Approve the minutes of the Board of Adjustment Regular meeting on July 11, 2022 and Board of Adjustment Special called meeting on July 13, 2022. On-Line Link: Draft minutes July 11, 2022 On-Line Link: Draft minutes July 13, 2022 PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Previous Postponements Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under …
August 5, 2022 Tony Nguyen 4507 N Ih 35 Svrd Nb Austin TX, 78722 Re: C16-2022-0004 Dear Tony, Property Description: LOT 1 TERRY ROSS ADDN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Sections 25-10- 123(B)(2)(a)(i) and 25-10-123(B)(3)(a) at 4507 N Interstate 35. 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 Cody.Shook@austinenergy.com ITEM3/1-LATE BACKUP
August 5, 2022 Board of Adjustment 301 W. 2nd Street Austin, Texas 78701 RE: Case #C15-2022-0043, 509 E. 38th Street Dear Chair Cohen, Vice Chair Hawthorne, and Members of the Board of Adjustment, Preservation Austin exists to empower Austinites to shape a more inclusive, resilient, and meaningful community culture through preservation. We write to you today to respectfully support the owner’s request for a variance to subdivide 509 E. 38th Street with a reduced setback requirement in order to retain the existing historic-age home on the lot. The current code requires a setback of 10 feet and the owner requests a reduction to 9 feet and 4 inches. This variance will allow the owners to keep the existing house while creating density in a Central Austin neighborhood through subdivision and infill. If the variance is not granted, the owners of the property will be required to demolish the existing structure before finalizing the subdivision. The residence at 509 E. 38th Street was built in 1958 and sits on an oversized lot of 14,027 SF. It is an example of a Mid-century Ranch house that is characteristic of post-war American development and exhibits distinctive architectural features such as low-pitch roof lines, limestone veneer, and an oversized chimney. The house is in excellent condition and there is no reason why it cannot continue to serve as a home for future families. Too often our land development code incentivizes the demolition of existing, more affordable housing stock throughout Central Austin - in this case, because of a mere eight-inch discrepancy. This practice has environmental implications as well. We know based on our research that construction and demolition debris accounted for 25% of the waste found in Travis County’s three municipal solid waste landfills in 2020. If preserved, we believe this property is well suited to serve as an example of best practices in promoting preservation, sustainability, and density by balancing preservation and thoughtful new infill development. In a development climate that incentivizes preservation over demolition, we applaud the owner’s efforts to preserve older housing stock, add new housing, and divert landfill waste. It is for these reasons that Preservation Austin encourages the Board of Adjustment to grant this variance and allow the owners of 509 E. 39th Street to subdivide the lot with a reduced setback of 9 feet and 4 inches. Thank you for your service to the community, Linda Y. Jackson, …
From: To: Cc: Subject: Date: Attachments: Victoria Ramirez, Elaine Ramirez, Diana RE: REMINDER: August 8, 2022 PRESENTATION & Virtual Speaker Registration deadlines Monday, August 01, 2022 1:17:20 PM image004.png image006.png image007.png *** External Email - Exercise Caution *** We would like to request a postponement of this case to the September BOA hearing. More time is needed to produce renderings, as requested by Board Members. Please advise if I should submit a formal request on letterhead (electronically) or if this will suffice. Elaine – Thank you, Victoria Haase www.throwerdesign.com 512-998-5900 Cell 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78745 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Monday, August 1, 2022 12:31 PM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: RE: REMINDER: August 8, 2022 PRESENTATION & Virtual Speaker Registration deadlines Good afternoon Applicants on the Mon. August 8th, 2022 BOA mtg. Agenda, If you are receiving this e-mail, I have not received your Presentation. Please read this entire e-mail and note all deadlines The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is TODAY, Monday, August 1st, before 3p.m. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) Presentation: If you would like the Board to follow along with you as you are giving your presentation (You will have 5 minutes to hone in on the main aspects of the case as you are presenting the case to the Board), you will need to have your Presentation completed and sent to me in PDF format or PowerPoint to give to our City Technician as well as our BOA Board will have access to view this the week prior to the meeting (DO NOT send in a drop box, link, etc. as our systems do not support these formats). The Deadline for this is Monday, August 1st, before 3p.m. No late Presentations or updated Presentations will be accepted after 3p.m. on Mon. Aug. 1st. The Presentation will need to be labeled with the following information: case #, address of project and name of Applicant speaking at the meeting. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) The deadline for Applicants participating virtually (must be by deadline, no late virtual applicant/additional speakers will be able to register) is TODAY, Monday, August 1st, before …
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council July 27, 2022 Denise Lucas, Director, Development Services Department Board of Adjustment Applicant Assistance Program - Staff Response to Resolution No. 20211014-045 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. Staff have explored the creation of BAAP as well as a funding source. The staff focus for Board of Adjustment variance requests was narrowed to Residential Homestead Variances under a Zoning Variance or a Special Exception Variance. These are the two types of variance requests which cover the Council’s intended area of support. Based on previous variance request applications, staff anticipates 9 variance requests could be 100% financially supported each year at an approximate cost of $10,000 per year. The funding source for BAAP Fund for the financial support would come from the General Fund and would be budgeted each year. In addition, staff has identified an existing contract, managed by Austin Public Health, which will allow applicants access to pro-bono legal services. Collectively, the BAAP Fund will 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. Staff recommends creation of the BAAP Fund, which includes a recommended start date of October 1, 2022. Staff will await further direction from the City Council. If the Council adopts an action to create the BAAP Fund, staff will create the BAAP Fund program guidelines and will track program participants and outcomes for one year and report that information back to Council. 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. xc: Spencer Cronk, City Manager Anne Morgan, Acting City Manager J. Rodney Gonzales, Assistant City Manager
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-3 DATE: August 8, 2022 CASE NUMBER: C16-2022-0004 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Apple Tree Holdings LLC-Tony Nguyen ADDRESS: 4507 IH 35 SVRD NB 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) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square a) feet (requested) and (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in b) order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office- Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a)on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot width more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (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: BOA MEETING JUNE 13, 2022 POSTPONED TO JULY 11, 2022 (AE DENIAL); JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY BOARD (AE DENIAL); Aug 8, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Brooke Bailey motions to postpone to October 10, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO OCTOBER 10, 2022. FINDING: because: OR, OR, AND, 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: 2. The granting of this variance will not have a substantially adverse impact upon …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-4 DATE: Monday August 08, 2022 CASE NUMBER: C15-2022-0046 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___A____Richard Smith ABSTAINED ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Ricca Keepers OWNER: Leslie Socha ADDRESS: 1101 QUAKER RIDGE DR 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 Street Side Yard Setback from 15 feet (required) to 10 feet (requested), in order to erect an addition above the garage in a “SF-2”, Single-Family zoning district. BOARD’S DECISION: BOA meeting Aug 8, 2022 Due to lack of board members applicant requests to postpone, Chair Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne second on 8-0-1 vote (Board member Richard Smith abstained); POSTPONED TO September 12, 2022. 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 ___________________________ Madam Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-5 DATE: Monday August 08, 2022 CASE NUMBER: C15-2022-0064 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Mark Vornberg OWNER: Nickie and Eric Froiland ADDRESS: 1014 AVONDALE RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 25 feet (required) to 12 feet 3 inches (requested), in order to erect a Carport in a “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (South River City Neighborhood Plan). BOARD’S DECISION: BOA MEETING AUG 8, 2022 the public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve; Board member Brooke Bailey second on 9-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot configuration is somewhat turned from what you would see in the traditional lot configuration along with the existing topography and depth of lot, existing home being close 12.3 ft in setback with elevation change is incredibly difficult. 2. (a) The hardship for which the variance is requested is unique to the property in that: the irregular lot shape along with topography and depth is tough (b) The hardship is not general to the area in which the property is located because: this lot is the steepest lot on Avondale and only property that has 20’depth grade change from front to back. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: most structures on Avondale have either enclosed garages or carports, there is a takeout of impervious cover and redo and not to increase of impervious cover, carport is proposed same location and current driveway in alignment with same front setback as house. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Madam Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-6 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0043 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____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; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT; Aug 8, 2022 Due to lack of board members applicant requests to postpone, Chair Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO September 12, 2022. 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 Item-7 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0048 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Rodney Bennett OWNER: Diana Patterson ADDRESS: 2500 SPRING LN VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height of six (6) feet or a maximum height of seven (7) feet (required) for a solid fence along the property line in order to construct a ten (10) feet (requested) tall masonry wall/fence along Bowman Avenue in a SF-3-NP”, Single-Family-Neighborhood Plan zoning district (WANG Neighborhood Plan). Note: The Land Development Code 25-2-899 (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. Homeowner was Granted a fence variance in 2010 from 6 ft. to 8 ft., C15-2010-0034. BOARD’S DECISION: BOA MEETING JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT; Aug 8, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve with condition that this is tied only to the area highlighted (on Bowman Ave.) as shown in the advance packet drawing Item-7/3, only side of the shopping center; Board member Barbara Mcarthur second on 9-0 vote; GRANTED WITH CONDITION THAT THIS IS TIED ONLY TO THE AREA HIGHLIGHTED (ON BOWMAN AVE.) AS SHOWN IN THE ADVANCE PACKET DRAWING ITEM-7/3, ONLY SIDE OF THE SHOPPING CENTER. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: most residential properties do not adjoin a public Street that has back of shopping center and back end is the delivery portion and truck traffic make it difficult to have a reasonable enjoyment of the property. 2. (a) The hardship for which the variance is requested is unique to the property in that: the obnoxiously loud of semi-trucks making deliveries at all hours of the day make it difficult to deal with commercial delivery and scheduling of dumpster pickup and have enjoyment of the property (b) The hardship is not general to the area in which the property …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-8 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0060 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. (C) (1) (a) from height limitations to increase the height limit from two (2) stories Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 2022 BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, AUGUST 8, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 8, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:33 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Ryan Nill, Agustina Rodriguez, Richard Smith Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Marcel Gutierrez-Garza (Alternate) PUBLIC COMMUNICATION: GENERAL None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on July 11, 2022 and Board of Adjustment Special called meeting on July 13, 2022. On-Line Link: Draft minutes July 11, 2022 The minutes from the meeting of (7/11/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (8-0-1) vote. (Board member Richard Smith abstained) On-Line Link: Draft minutes July 13, 2022 The minutes from the Special called meeting of (7/13/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (7-0-2) vote. (Board members Melissa Hawthorne and Barbara Mcarthur abstained) PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement by applicant for Item 8 to September 12, 2022. Chair Jessica Cohen motions to approve the postponement requests (by applicant) for Item 8 to September 12, 2022, Board member Brooke Bailey second on 9-0 vote, ITEM 8 POSTPONED TO SEPTEMBER 12, 2022 Previous Postponements Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not …
