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
1. 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 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 …
BOA Monthly Report July 2022-June 2023 August 8, 2022 4 2 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback 2. 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height Postponed 1. 25-10-123 (Expressway Corridor Sign District Regulations): a)(B) (2) (b) (i) to exceed sign area and b)(B) (3) (a) to exceed sign height 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 4. 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 limitations to increase the height limit Denied Withdrawn 0 Discussion Items Aug 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Thomas Ates, Michael Von Ohlen, Nicholl Wade (Added AUG8# 2022) 8 10 0 1 7 3 0 July 13, 2022 Special called meeting (Interpretation) 1 Denied Appeal 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). The deposition of the case items: (Added july13# 2022) 6 Granted 6 Postponed 1 Withdrawn 1 Denied Discussion Items 4 Board members absent: Melissa Hawthorne/Barbara Mcarthur/Darryl Pruett July11, 2022 6 6 (B) (3) (a) to exceed sign height Granted 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 4. 25-2-492 (Site Development Regulations) from a) lot size requirements to decrease the minimum lot 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 …
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
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
§ 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, …
VARIANCE REQUEST: increase sign height of 30 feet above frontage street pavement grade to 40 feet SIGN REVIEW COVERSHEET CASE: C16-2022-0005 BOA DATE: September 12th, 2022 ADDRESS: 7712 Elroy Rd OWNER: Leo Garcia COUNCIL DISTRICT: 2 AGENT: Jaden Rodriguez ZONING: PUD LEGAL DESCRIPTION: ABS 797 SUR 5 WESTBROOK T B ACR 9.8026 SUMMARY: erect freestanding sign ISSUES: increased traffic and new intersection ZONING LAND USES Site North South East West PUD PUD PUD 2 mi. ETJ 2 mi. ETJ Planned Unit Development Planned Unit Development Planned Unit Development 2 mi. ETJ 2 mi. ETJ NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Del Valle Community Coalition Elroy Neighborhood Association Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Onion Creek HOA Sierra Club, Austin Regional Group ITEM 3/1 August 31, 2022 Jaden Rodriguez 5213 Tucker Hill Ln Cedar Creek, TX 78602 Re: C16-2022-0005 Property Description: ABS 797 SUR 5 WESTBROOK T B ACR 9.8026 Dear Jaden, 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 25-10-130 at 7712 Elroy Road. Austin Energy does not oppose the request, provided that the proposed sign follows Austin Energy’s Clearance & Safety Criteria (15’ radial clearance from any existing overhead or underground electric facilities), 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 3/2 C16-2022-0005 12990581 0339410308 PUD Council District: 2 ITEM 3/3 ITEM 3/4 ITEM 3/5 ITEM 3/6 Property Profile COTA Entry Sign Legend Property Addresses Streets Street Labels Lot Lines Lot Block Lot Line Jurisdictions (No Fill) FULL PURPOSE EXTRATERRITORIAL JURISDICTION Recorded Subdivision Jurisdictions Fill Jurisdiction FULL PURPOSE EXTRATERRITORIAL JURISDICTION Notes 0 150 300 ft 8/4/2022 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. This product has been produced by the City of Austin for the sole …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0065 BOA DATE: September 12th, 2022 ADDRESS: 1700 Loreto Dr OWNER: Daniel Strinden COUNCIL DISTRICT: 1 AGENT: N/A ZONING: SF-3-NP (MLK) LEGAL DESCRIPTION: LOT 14 BLK A OLT 24 DIV B MCKINLEY HEIGHTS TERRACE VARIANCE REQUEST: decrease the minimum rear yard setback from 25 feet to 15 feet. SUMMARY: erect a detached Two-Family residential unit ISSUES: property is bordered on three sides by streets ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition East Austin Conservancy East MLK Combined Neighborhood Plan Contact Team Friends of Austin Neighborhoods Homeless Neighborhood Association Martin Luther King Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM 4/1 August 31, 2022 Daniel Strinden 1700 Loreto Dr Austin TX, 78721 Re: C15-2022-0065 Property Description: LOT 14 BLK A OLT 24 DIV B MCKINLEY HEIGHTS TERRACE Dear Daniel, 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 25-2-515 at 1700 Loreto Drive. 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. FYI: The second dwelling unit proposed on this lot will be required to meet 15’ radial clearance from the overhead electric distribution lines adjacent to Tillery Street. 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 CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, C15-2022-0065 12986323 0210151206 Section 1: Applicant Statement 1700 Loreto Drive MCKINLEY HEIGHTS TERRACE 14 24 SF-3-NP Daniel Strinden July 27 2022 detached 2nd …
BOA GENERAL REVIEW COVERSHEET REVISED CASE: C15-2022-0002 BOA DATE: September 12th, 2022 ADDRESS: 5413 Guadalupe St OWNER: 5413 Guadalupe LLC COUNCIL DISTRICT: 4 AGENT: Marek Hnizda ZONING: MF-4-CO-NP (North Loop) LEGAL DESCRIPTION: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 VARIANCE REQUEST: Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) b) c) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 30 feet (requested) for a building located 50-ft or less from property in an SF-5 or more restrictive zoning district (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 40 feet (requested) and Section 25-2-1064 (Front Setback): (1) (a) to decrease the front setback from 25 feet (minimum required) to 15 feet SUMMARY: erect three story condominiums and associated improvements ISSUES: existing adjacent buildings have similar setbacks ZONING MF-4-CO-NP Site North CS-CO-NP SF-3-NP South East MF-3-NP; SF-3-NP West MF-3-NP; SF-3-NP LAND USES Multi-Family General Commercial Services Single-Family Mutli-Family; Single-Family Mutli-Family; Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Loop Neighborhood Association North Loop Neighborhood Plan Contact Team Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM 5/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0002 ___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: Rao Vasamsetti OWNER: 5413 Guadalupe LLC ADDRESS: 5413 GUADALUPE STREET 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 Interior Side Yard Setback from 5 feet (required) to 4 feet (requested), in order to erect a three story condominium in a “MF-4-CO-NP”, Multi-Family-Conditional Overlay-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 APPLICANT NO SHOW - The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July …
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: ITEM 6/1 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forITEM 6/2 updated Hardship - 8/20/2022 ITEM 6/3 updated Hardship - 8/20/2022 The lot is 14,027 with a 1954 home. The lot size is large enough to allow a subdivision, but for this site, the placement of the existing 1954 home would be 10 inches into the new required setback. If the home had been built just 10 inches closer to …
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 have regarding her exemption request. I have not heard back, so I do not believe I could give a well-informed opinion at the upcoming meeting about agreement/objection. Can you let me know you received this? If there is anything else I need to do, please let me know. Best, Abbey Ames 508 Texas Ave. Austin, tx 78705 713-444-0272 Sent from my iPhone 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. ITEM 6/41 From: To: Cc: Subject: Date: Attachments: Sista Irie Ramirez, Elaine Request for Postponement Thursday, May 05, 2022 3:39:52 PM city.pdf *** External Email - Exercise Caution *** Hello Elaine, Please find attached my copy of a request to postpone the hearing on May 9 regarding an Easement request for Lisa Gray at Red Door LLC. The property in question is at 509 E 38th Street and can be found by Case Number C15-2022-0043. The request for postponement is being made because the neighbors closest to this property do not feel we have enough information to allow the request to be approved without us further understanding what it is they are proposing to build. There are young children who live right behind this house and long time home owners who greatly value the less density of our neighborhood, keeping the noise to a minimum and to not encourage additional traffic. People already cut through this very intersection to avoid the Duval light. Anything that will encourage more unnecessary residential traffic is a reduction in quality of life while our property taxes increase at a wildly out of control rate. Please accept this form as my request for a postponement in an effort to allow the impacted neighbors to meet with the applicant in an effort to understand the reason for the request. Warm regards, …
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: because: 1. The Zoning regulations applicable to the property do not allow for a reasonable use 2. (a) The hardship for which the variance is requested is unique to the property in that: ITEM 7/1 (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ___________________________ Madam Jessica Cohen Madam Chair forITEM 7/2 565 SF 785 SF +/- 21' - 2" 12' - 0" " 2 / 1 0 - ' 4 2 " 4 - ' 7 1 - / + LEA ROGERS ARCHITECTURE 08/26/22 SCALE: 1/8" 1'-0" 1101 Quaker Ridge Second Floor Addition Area Calculation ITEM 7/3 CURB PROPERTY LINE 15' SETBACK LINE PROPERTY LINE LEA ROGERS ARCHITECTURE 08/26/22 SCALE: 1/8" 1'-0" 1101 Quaker Ridge Proposed Quaker Ridge Elevation ITEM 7/4 LEA ROGERS ARCHITECTURE 08/26/22 SCALE: 1/8" 1'-0" 1101 Quaker Ridge Proposed Whitemarsh Valley Elevation ITEM 7/5 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: …
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 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; 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0061 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____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: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST 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 minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); 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: ITEM 9/1 (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forITEM 9/2 August 26, 2022 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re. Request for Second Postponement: Case No. C15-2022-0061; Request for Side Yard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702 On behalf of the owner of the above referenced Property, we respectfully request an additional postponement of the case to October 10th to allow additional time to continue our discussions with the neighboring property owner and the East Cesar Chavez Neighborhood Plan Contact Team. We have begun discussions with them regarding a workable resolution of this matter and need some additional time to complete those discussions and …
Previously Denied BOA case C15-2020-0020 $ $ $ $ SC $ $ Stack W+D $$ $$ $$ $$ SC $ $ Stack W+D $ $ $ $ $ FIXTURE LEGEND. Ceiling fan w/o light kit Pendant light $ Wall switch Ceiling-mounted light Duplex outlet Recessed can light GFCI duplex outlet Vanity light Waterproof GFCI duplex outlet Hot+cold water tap S C Smoke detector CO2 detector Thermostat Hose bibb Gas tap W/H Gas tankless water heater Ceiling fan w/ light kit Exterior wall-mounted light 220V outlet Undercounter lighting EM Electric meter Exhaust fan GENERAL MEP NOTES. 1. Switches and thermostats on all floors shall be located no greater than 45" (@ junction-box centerline) above finish floor level. Power receptacles and data ports on all floors shall be located no less than 18" (@ junction-box centerline) above finish floor level. Final locations of lighting and outlets to be coordinated in field with Owner. Final switching to be coordinated in field with Owner. 2. 3. 4. 1 MEP Plan, Bldg 1, Level 02 Scale 1/8" = 1'-0" @ 11x17 Scale 1/4" = 1'-0" @ 24x36 SEAL OF ARCHITECT. SEAL OF MUNICIPAL APPROVAL. DISCLAIMERS. issued under the seal of is This document WILLIAM LAWRENCE HODGE, Texas architect #19074. This document is not for permitting, regulatory approval, pricing or construction unless the seal and signature of the Architect are This document is not approved for visible. construction unless a seal of municipal approval is visible. No set of construction documents can contain all information required to construct a is project. required. That which is shown in one sheet, applies to all sheets in this set by reference. The information in G001 through G009 (inclusive) apply to every sheet in this set and to every that may contractor and/or subcontractor perform work on this project. Unless this set contains the cover sheet and all sheets listed thereon, this set is incomplete and INVALID FOR CONSTRUCTION. Interpretation by a contractor ISSUE DATE 21 May 2020 W I L L I A M H O D G E A I A A R C H I T E C T 4 8 0 1 S C O N G R E S S A V E # N 3 A U S T I N , T X 7 8 7 4 5 5 1 2 . 7 8 6 . 9 2 9 8 H O D …
August 31, 2022 Jaden Rodriguez 5213 Tucker Hill Ln Cedar Creek, TX 78602 Re: C16-2022-0005 Property Description: ABS 797 SUR 5 WESTBROOK T B ACR 9.8026 Dear Jaden, 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 25-10-130 at 7712 Elroy Road. Austin Energy does not oppose the request, provided that the proposed sign follows Austin Energy’s Clearance & Safety Criteria (15’ radial clearance from any existing overhead or underground electric facilities), 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
New Elroy Road entrance sign Item 3/1-PRESENTATION One • Our current entrance sign is easily lost from the distance. As we continue to develop our main entrance, with focus moving to Elroy Road due to the expansion of lanes, we need this entrance to be clear and identifiable. • Using a 40ft tall double sided sign, our guests will be able to find our entrance without issues. View of intersection toward East View of intersection toward West Item 3/2-PRESENTATION Two A 30ft sign would put the screen too close in proximity to the intersection. The sign has a large video element and could cause distractions if installed this low. Item 3/3-PRESENTATION Three • With the recent lane expansion, Elroy Road will become a new main entrance, likely becoming more utilized than our 812 entrance. This will help alleviate the traffic issues we have seen in the past. Having this entrance be as identifiable as possible will help that mission. • The entrance sign is an important identifier of the property as well as a tool that communicates to our neighbors and attendees about events and activities happening on property. It is important that this sign is the correct size and scale and clearly visible – especially as it pertains to traffic updates and traffic control. Item 3/4-PRESENTATION Thank you for your consideration. We understand the rules and regulations, and feel that raising the height of the sign is not a substantial deviation from the current allowance. We look forward to the positive impact this sign will have. Item 3/5-PRESENTATION
August 31, 2022 Daniel Strinden 1700 Loreto Dr Austin TX, 78721 Re: C15-2022-0065 Property Description: LOT 14 BLK A OLT 24 DIV B MCKINLEY HEIGHTS TERRACE Dear Daniel, 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 25-2-515 at 1700 Loreto Drive. 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. FYI: The second dwelling unit proposed on this lot will be required to meet 15’ radial clearance from the overhead electric distribution lines adjacent to Tillery Street. 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
Key Messages Case Number: C15-2022-0065 Applicant/Owner: Daniel Strinden Address: 1700 Loreto Dr. Austin, TX 78721 • Desire to build Accessory Dwelling Unit under Two Family Residential Use – Intended use is to house family who retired this year and since moved out of Austin due to cost of living & reduced income • Current Zoning SF-3-NP, which allows for Two-Family Residential Use • Property is a through lot with streets and setbacks on 3 sides, which poses a unique hardship. Most other through- lots only have setbacks on two sides. • We have no architectural plans yet, because it would be infeasible to pursue building without the variance. 1111 Item 4/1-PRESENTATION 1700 Loreto Drive, Through Lot Rear Yard Setback Variance Request 15’ (required) to 25’ (requested) This is the property under consideration 22 Item 4/2-PRESENTATION Property Under Consideration Versus Typical Lots (Uniqueness of the hardship) 1. Overwhelming majority of lots are not through-lots 2. Most through lots only have 2 setbacks Property under consideration 33 Item 4/3-PRESENTATION Current view of rear yard Emerson Confidential 44 Item 4/4-PRESENTATION Survey with proposed setback change 15’ rear yard setback 25’ rear yard setback 55 Item 4/5-PRESENTATION Proposed site area overlaid onto survey 50’ Dwelling 20’ 20’ Drive/ Carpark 15’ 20’ 50’ 15’ rear yard setback 25’ rear yard setback 66 Item 4/6-PRESENTATION
PROPERTY LINE SIDE SETBACK " 0 - ' 5 1 25'-0" 25'-0" BUILDABLE AREA A= 13,803 sq ft K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P E N I L Y T R E P O R P K C A B T E S T N O R F G N N O Z E S A B I K C A B T E S T N O R F Y T I L I B T A P M O C I 15'-0" PROPERTY LINE SIDE SETBACK 25'-0" K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P 2 5'- 0 " 1 5'- 0 " BUILDABLE AREA A= 13,354 sq ft COMPATIBILITY REAR SETBACK 2 5'- 0 " PROPERTY LINE K C A B T E T S N O R E P O R P E K C A B RTY LIN T E T S N O R G F NIN O E Z S A B ATIBILITY F P M O C K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P T E E R T S E P U L A D A U G 3 1 4 5 1 5 7 8 7 s a x e T , n i t s u A P L D G 1220 Lavaca Street Tuesday, August 23, 2022 SIDE SETBACK PROPERTY LINE " 0 - ' 5 1 SIDE SETBACK 25'-0" PROPERTY LINE " 0 - ' 5 1 PROPERTY AREA = 27,873 SF PROPERTY AREA = 27,873 SF TYPICAL MF-4 PROPERTY SCALE: 1/32" = 1'-0" 1 5413 GUADALUPE ST SCALE: 1/32" = 1'-0" 2 N A01 BOARD OF ADJUSTMENTS: COMPATIBILITY DIAGRAMS Item 5/1-PRESENTATION 1 0'- 6 " LOT 22 SF-3 ZONING LOT 23 BLOCK 1 LOT 24 BLOCK 1 55TH STREET 9'-11" " 0 - ' 6 2 " 2 / 1 5 - ' 0 0 1 17'-9" " 0 …
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-PRESENTATION 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-PRESENTATION 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-PRESENTATION 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-PRESENTATION The House Built in 1954 509 E 38th Street Case #C15-2022-0043 Eric Goff Item 6/5-PRESENTATION Preservation Austin 509 E 38th Street Case #C15-2022-0043 Eric Goff July 27 – the Advocacy Committee of Preservation …
1101 Quaker Ridge Variance Request Item 7/1-PRESENTATION 1101 Quaker Ridge • Case: C15-2022-046 • Owners: Jeffery and Leslie Socha • Presented by: Ricca Keepers, Keepers Land Planning and Permitting Item 7/2-PRESENTATION 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 b e 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 a n d side yard to build on Item 7/3-PRESENTATION 1101 Quaker Ridge Pictures Front of the house, showing garage and current height Item 7/4-PRESENTATION 1101 Quaker Ridge Picture Side of house and garage leading up to the park in the back of the house Item 7/5-PRESENTATION 1101 Quaker Ridge Entire garage shown, as well as height of current house. Item 7/6-PRESENTATION 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 7/7-PRESENTATION 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 7/8-PRESENTATION 1101 Quaker Ridge Survey Item 7/9-PRESENTATION 1101 Quaker Ridge You c a n 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 7/10-PRESENTATION 1101 Quaker Ridge Arborist’s Report showing tree noted on survey in the back of the house, 19” Red Oak, noted in ” G o o d Condition” Item 7/11-PRESENTATION Proposed Plans Item 7/12-PRESENTATION …
2-story Duplex 2-story Duplex Church Property – Community Garden Land Use Map 1-story Duplex SUBJECT SITE 2-story Duplex Commercial Warehouse & Office Single Family Industrial Warehouse & Outdoor Storage Commercial – Radio Tower Single Family 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/1-PRESENTATION Single Family 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/2-PRESENTATION Reasonable Use – 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/3-PRESENTATION Reasonable Use – 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/4-PRESENTATION Basis for Variance Request Reasonable Use of the property is impeded 1. Compatibility Regulations – Inappropriately applied 2. Hardships: • 4 Heritage Trees • Critical Water Quality Zone • Public Utility Easements Impact: significant amount of buildable area lost 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/5-PRESENTATION Annexation & Compatibility Annexation: November 1984 LDC Code Amendment – effective January 1985: 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/6-PRESENTATION 1984 Aerial 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/7-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/8-PRESENTATION Site Constraints 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/9-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/10-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/11-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/12-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/13-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/14-PRESENTATION 6ft of topographic change 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – September 12, 2022 Item 8/15-PRESENTATION
1. REGULAR MEETING of the BOARD OF ADJUSTMENT September 12, 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 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 for email 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 ___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 August 8, 2022. On-Line Link: Draft minutes August 8, 2022 PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. New Sign cases: 3. C16-2022-0005 Jaden Rodriguez for Leo Garcia 7712 Elroy Road On-Line Link: Item-3; AE REPORT; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height of 30 feet above frontage street pavement grade (maximum allowed) to 40 feet (requested) above frontage street pavement grade in order to provide signage for The Circuit of the Americas in a “PUD”, Planned Unit Development zoning district. Note: The Land Development Code sign regulations 25-10-130 Commercial Sign District Regulations. (A) This section applies to a commercial sign district.(B) One Freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (G) The sign height may not exceed the greater of: (1) 30 feet above frontage street pavement grade; or (2) 6 feet above grade at the base of the sign. New Variance cases: 4. C15-2022-0065 Daniel Strinden 1700 …
From: *** 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. Sent from my iPhone From: To: Subject: Date: Ramirez, Elaine Notice of public hearing land Development Wednesday, September 07, 2022 6:13:58 PM This message is from Chevale Ross. [ chevalejanuary55@gmail.com ] # c15-2022-0065, Location:1700 Loreto Drive, ( I object) nothing on this side of town is not affordable determine Affordable y'all just raising taxes because it's not low income.
From: To: Subject: Date: Nick Fritz Ramirez, Elaine C15-2022-0002 Friday, September 02, 2022 9:52:22 PM *** External Email - Exercise Caution *** Hello Elaine, hope your weekend went well. im reaching out again b/c i got a notification via letter about them trying to build a condominium… again across the street from my house. Case Number: C15-2022-0002 a) i, nicholas fritz am against Marek Hnizda / Guadalupe Heights LLC (Lacman Patil) trying to increase the height Limit from two stories and 30 feet(maximum allowed) to 3 stories in 30 feet(requested) for a building location 50 feet or less from property in and SF–5 or more restricted zoning district. b) i, nicholas fritz am against Marek Hnizda / Guadalupe Heights LLC (Lacman Patil) trying toIncrease height limitations to increase the highest limits from three stories and 40 feet(maximum allowed) to 4 stories and 40 feet (requested) and “SECTION 25-2-1064 (Front Setback): c) i, nicholas fritz am against Marek Hnizda / Guadalupe Heights LLC (Lacman Patil) trying to decrease the front setback from 25 feet (minimum required) to 15 feet (requested) on a tract that adjoins property in an SF–5 or more restricted zoning district and fronts on the same street in order to erect a Multi-Family building in a “MF-4-CO”, Multi–Family Residence Moderate- High Density–Conditional Overlay Zoning district. again, don’t want a condominium across the street from my house nor do i or anyone around me think it’s a good idea for the neighborhood. The area of the condominium is going to be built is already a high traffic area and will cause great deals of traffic with construction and without construction. Don’t forget about the kids that live around the area as well making an unsafe environment for more cars speeding around the corner. please let me know if you have any questions nick 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: Mark Foohey Ramirez, Elaine Case Number: C15-2022-0002 Monday, September 05, 2022 12:55:13 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez, I am writing in regards to case number C15-2022-0002 regarding a proposed zoning change to be heard by the Board of Adjustment on 9/12/22. I own a property within …
North Loop Neighborhood Association Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: North Loop Neighborhood Association and proposed development at 5413 Guadalupe To the Members of the Board of Adjustments this afternoon, the 9th of September 2022. My name is Brian Bedrosian and I am currently serving as the Vice President of the North Loop Neighborhood Association (NLNA), a post I have held since 2019. I am writing this letter on behalf of the NLNA to provide some insight into the neighborhood’s past positions on projects such as that being proposed by Webber Studio and their clients that might help to inform how the NA would vote once we are able to properly consider the project. Marek Hnizda reached out to me regarding this project and we met over Zoom to discuss the proposed variance to the setback along Guadalupe along with their proposed project and what it might look like. We were not able to bring this in front of the neighbors for a formal vote prior to your meeting on the evening of the 12th of this month – so my comments here are simply an idea of our values and how we have responded to similar proposals. In general, our neighbors have tended to vote in favor of projects that show a considered investment in quality housing within our neighborhood with a focus on affordability, family-oriented units where possible, sustainability and increased density. Our neighborhood plan has sought to support a more urban feel to our neighborhood that aspires to provide space for a more diverse and inclusive community of people in the rapidly heated market that Austin finds itself in. With this in mind, the project per the current proposal is within the parameters of something we might support. As you may recall we were recently in front of the Board in support of a much larger VMU project at 201 East Koenig Lane at the southeast corner of Koenig and Avenue F. That particular developer worked closely with our neighborhood and PARD to create a project that served the needs of the developer, the aspirations of the neighborhood and the mission set forth by PARD’s Parkland Dedication Ordinance. We strongly encourage Webber Studio and their clients to continue to engage our neighborhood throughout the design process to seek a similarly mutually beneficial design. While I am unable to provide an official neighborhood …
PROPERTY LINE SIDE SETBACK " 0 - ' 5 1 25'-0" 25'-0" BUILDABLE AREA A= 13,803 sq ft K C A B T E S R A E R Y T I L I B T A P M O C I I E N L Y T R E P O R P I E N L Y T R E P O R P K C A B T E S T N O R F G N N O Z E S A B I K C A B T E S T N O R F Y T I L I B T A P M O C I 15'-0" PROPERTY LINE SIDE SETBACK 25'-0" K C A B T E S R A E R Y T L B T A P M O C I I I I E N L Y T R E P O R P 2 5'- 0 " 1 5'- 0 " BUILDABLE AREA A= 10,354 sq ft COMPATIBILITY REAR SETBACK 2 5'- 0 " PROPERTY LINE E P O R P E K C A B T E T S N O R Y F K C A B RTY LIN T E T S N O R G F NIN O E Z S A B PATIBILIT M O C K C A B T E S R A E R Y T I L I B T A P M O C I I E N L Y T R E P O R P T E E R T S E P U L A D A U G 3 1 4 5 1 5 7 8 7 s a x e T , n i t s u A P L D G 1220 Lavaca Street Thursday, September 8, 2022 SIDE SETBACK PROPERTY LINE " 0 - ' 5 1 SIDE SETBACK 25'-0" PROPERTY LINE " 0 - ' 5 1 PROPERTY AREA = 27,873 SF PROPERTY AREA = 27,873 SF TYPICAL MF-4 PROPERTY SCALE: 1/32" = 1'-0" 1 5413 GUADALUPE ST SCALE: 1/32" = 1'-0" 2 N A01 BOARD OF ADJUSTMENTS: COMPATIBILITY DIAGRAMS
Our property is brown in this image. We received signatures of support from 6 nearby neighbors at 5 properties. Those in support are highlighted in green. The house on Texas Ave was originally concerned and asked for a postponement at a previous HOA meeting, but is now in support. The neighbor directly behind the property is still not in support and prefers the property to be subdivided so that both lots front on 38th street (which would not allow the existing house to be saved).
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 3 DATE: September 12, 2022 CASE NUMBER: C16-2022-0005 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez (out) ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jaden Rodriguez OWNER: Leo Garcia ADDRESS: 7712 ELROY RD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height of 30 feet above frontage street pavement grade (maximum allowed) to 40 feet (requested) above frontage street pavement grade in order to provide signage for The Circuit of the Americas in a “PUD”, Planned Unit Development zoning district. Note: The Land Development Code sign regulations 25-10-130 Commercial Sign District Regulations. (A) This section applies to a commercial sign district. (B) One Freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (G) The sign height may not exceed the greater of: (1) 30 feet above frontage street pavement grade; or (2) 6 feet above grade at the base of the sign. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to postpone to October 10, 2022; Board member Michael Von Ohlen second on 11-0 vote; POSTPONED TO OCTOBER 10, 2022. 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 Item 4 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0065 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Richard Smith ___-____Agustina Rodriguez (out) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Daniel Strinden ADDRESS: 1700 LORETO DR VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 15 feet (requested) in order to erect a detached Two-Family residential unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (MLK Neighborhood Plan) Note: Per LDC 25-2-515 Rear Yard of Through Lot for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Madam Chair Jessica Cohen second; Board member Michael Von Ohlen withdraws the motion to Approve and motions to Postpone to November 14, 2022, Board member Brooke Bailey second on 11-0 vote; POSTPONED TO NOVEMBER 14, 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 5 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez (out) ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) APPLICANT: Rao Vasamsetti OWNER: 5413 Guadalupe LLC ADDRESS: 5413 GUADALUPE STREET 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 Interior Side Yard Setback from 5 feet (required) to 4 feet (requested), in order to erect a three story condominium in a “MF-4-CO-NP”, Multi-Family-Conditional Overlay-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 APPLICANT NO SHOW - The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on a 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO SEPTEMBER 12, 2022. RENOTICE -VARIACE 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) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 30 feet (requested) for a building located 50-ft or less from property in an SF-5 or more restrictive zoning district b) (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 40 feet (requested) and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback from 25 feet (minimum required) to 15 feet (requested) on a tract that adjoins property in an SF-5 or more restrictive zoning district and fronts on the same street in order to erect a Multi-Family building in a “MF-4-CO”, Multi-Family Residence Moderate-High Density-Conditional Overlay zoning district. BOARD’S DECISION: BOA September 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to October 10, 2022; Board member Melissa Hawthorne second on …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0043 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Richard Smith (no vote) ___-____Agustina Rodriguez (out) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____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; 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. The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with condition that the variance is contingent on the original structure remaining, Board member Melissa Hawthorne second on 10-0 vote (Board member Richard Smith no vote); GRANTED WITH CONDITION THAT THE VARIANCE IS CONTINGENT ON THE ORIGINAL STRUCTURE REMAINING. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot is 14,027 with a 1954 home, the lot size is large enough to allow a subdivision but for this site the placement of the existing 1954 hoe would be 10 inches into the new required setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: the property is twice the size of many other lots in the area and has frontage on two streets, the placement of the existing home built in 1954 is just 10 inches from a placement that would allow reasonable …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 7 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0046 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez (out) ___-____Richard Smith ABSTAINED ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____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. The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Madam Chair Jessica Cohen second on 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: there is nowhere for the property owner to expand in the front or the back because of the setback requirements, the PUE’s and the location of the trees on the property. 2. (a) The hardship for which the variance is requested is unique to the property in that: this is a corner lot, which has different setbacks than an interior lot, this lot also has multiple trees that will not allow them to expand anywhere else except on top of the garage. (b) The hardship is not general to the area in which the property is located because: this lot is on the end of a cul-de-sac and also backs up to a public park. 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: by building on top of the garage as a addition to the second story it will allow neighbors and the property owners to continue to use their land in the exact way it was used before. ______________________________ ____________________________ Elaine …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-8 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0060 __Y_____Thomas Ates __Y_____Brooke Bailey __Y_____Jessica Cohen __Y_____Melissa Hawthorne __N_____Barbara Mcarthur __N_____Darryl Pruett __-_____Agustina Rodriguez (out) __N_____Richard Smith __Y_____Michael Von Ohlen __Y_____Nicholl Wade __Y_____Kelly Blume (Alternate) __Y_____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) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum a) 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; Sept 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with condition that it’s tied to site plan Item 8/3 as shown in the advance packet; Board member Melissa Hawthorne second on 8-3 vote (Board members Barbara Mcarthur, Darryl Pruett, Richard Smith nay); Motion fails; DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the compatibility regulations were intended to buffer single family uses from commercial uses, …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez (out) _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST 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 minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
