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
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, September 12, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, September 12, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:34 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Nicholl Wade Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Barbara Mcarthur, Darryl Pruett, Richard Smith, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Agustina Rodriguez PUBLIC COMMUNICATION: GENERAL None 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. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on August 8, 2022. On-Line Link: Draft minutes August 8, 2022 Board Member Melissa Hawthorne motions to approve the minutes for August 8, 2022, Board member Brooke Bailey seconds on a 7-0-4 votes (Board members Thomas Ates, Michael Von Ohlen, Nicholl Wade, Carrie Waller abstained); APPROVED MINUTES FOR August 8, 2022. 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 9 to October10, 2022. Board member Michael Von Ohlen motions to approve the postponement request (by applicant) for Item 9 to October 10, 2022, Board member Brooke Bailey second on 11-0 vote, ITEM 9 POSTPONED TO OCTOBER 10, 2022 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 …
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): ITEM10/1 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 …
ITEM10/50 From: *** External Email - Exercise Caution *** C15-2022-0002 June 13th 2022 Elaine Ramirez Please see attached. Thanks Glenn Page owner 705 Franklin blvd. 78759. 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. ITEM10/51 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 …
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= 10,354 sq ft COMPATIBILITY REAR SETBACK 2 5'- 0 " PROPERTY LINE 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 HARDSHIP: BUILDABLE AREA DEFICIENCY: ≈ 3,449 sqft. 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 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 Monday, October 3, 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 ITEM10/1-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 - ' …
ITEM11/1 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: ITEM11/2 (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 BOA GENERAL REVIEW COVERSHEET RENOTIFICATION ITEM11/3 CASE: C15-2022-0061 ADDRESS: 1401 E 3rd St OWNER: Cortlandt Chalfant BOA DATE: October 10th, 2022 COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP (East Cesar Chavez) LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: decrease the minimum street side yard setback from 15 feet to 10 feet. SUMMARY: complete construction of a Single-Family residence and Accessory Dwelling unit ISSUES: corner lot and substandard lot ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-H-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 Barrio Unido Neighborhood Assn. Bike Austin Capital Metro Del Valle Community Coalition East Austin Conservancy …
ITEM11/44 CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday May 11, 2020 CASE NUMBER: C15-2020-0020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___*____William Hodge (abstained) ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jennifer Hanlen OWNER: Durham Trading Partners XII, LLC ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: currently under construction, layout error BOARD’S DECISION: BOA meeting April 13, 2020 CANCELLED MEETING; MAY 11 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Darryl Pruett nay, William Hodge abstained); POSTPONED TO JUNE 8, 2020. 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: ITEM11/45 (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: ______________________________ Elanie Ramirez Executive Liaison Diana Ramirez for ____________________________ Don Leighton-Burwell Chairman ITEM11/46 May 5, 2020 Jennifer Hanlen 1401 E 3rd St Austin TX, 78702 Re: C15-2020-0020 Dear Jennifer, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-492 interior side setback from 5 feet (required) to 2.77 feet (requested) setback requirements; to decrease the minimum In order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, …
REGULAR MEETING of the BOARD OF ADJUSTMENT October 10, 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 1. Approve the minutes of the Board of Adjustment Regular meeting on September 12, 2022. On-Line Link: Draft minutes September 12, 2022 PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Previous postponement 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 exceed: (a)on a lot with not …
ITEM11/88 ITEM11/89 ITEM11/90 ITEM11/91 ITEM11/92 ITEM11/93 ITEM11/94 ITEM11/95 ITEM11/96 ITEM11/97 From: To: Subject: Date: Ramirez, Elaine FW: 1401 East Third Monday, May 11, 2020 2:34:48 PM My original email to City staff questioning the construction at 1401 E 3rd. From: Sent: Wednesday, January 24, 2018 1:02 PM To: DSD Help Cc: Subject: 1401 East Third This message is from Jeff Thompson. [ bc-jeffrey.thompson@austintexas.gov ] I sit on the Planning Commission and one of the residents in my district asked me about a new house going up at 1401 E 3rd Street, 78702. It appears to have approved plans for less than the required set back, but there was never a BOA hearing or other variance. Can you please explain how they are allowed to build so close to another house and within the set back? Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. ITEM11/98 From: Subject: Date: Attachments: FW: 1401 E 3rd Street Monday, May 11, 2020 2:42:25 PM image002.png image003.png image004.png D5619B4E5E1648509A9623C8BE4D07E6.png 8FF5708083434FEA868AB1891DEEC906.png Several weeks later I’m still chasing the issue. You can see from the pictures that the development is still in early stages. The response is : inspector will notice. To be told now that the inspector didn’t raise the issue early enough is frustrating. From: Sent: Friday, March 2, 2018 4:13 PM To: Subject: Fwd: 1401 E 3rd Street Jeff Thompson Planning Commission D3 Begin forwarded message: From: "Johns, Renee" <Renee.Johns@austintexas.gov> Date: March 2, 2018 at …
ITEM11/114 ITEM11/115 ITEM11/116 12 12 32' maximum height per CoA RDCS SECTION 2 RDCS SECTION 2 ROOF T/Railing (CoA Highpoint) ROOF T/Deck L2 T/Plate 12 12 " 4 1 5 - ' 1 " 4 1 5 - ' 1 " 0 - ' 3 " 8 1 1 - ' 9 " 8 1 1 - ' 8 " 0 - ' 2 L2 T/Deck L1 T/Plate " 0 - ' 5 1 i e n L y t r e p o r P r a e R k c a b t e S e d S i ' 5 " 4 3 0 - ' 5 2 " 4 3 0 - ' 3 2 " 0 - ' 2 3 L1 FFE (101'-0") FFE (99'-9")@carports AAG (99'-6") k c a b t e S e d S i ' 5 1 " 0 - ' 5 1 i e n L y t r e p o r P r a e R " 0 - ' 5 1 i e n L y t r e p o r P r a e R k c a b t e S e d S i ' 5 1 " 0 - ' 5 1 i e n L y t r e p o r P r a e R k c a b t e S e d S i ' 5 99'-10" HP02 99'-10" HP02 KEYED NOTES. 01 New metal coping. Exposure 6". New metal flashing. Exposure 6" minimum. New metal railing at exterior porch or deck. Minimum height 36" above finish floor. Maximum opening 3.5". New parapet at exterior porch or deck. Minimum 36" above finish floor. New through-wall scupper. New metal downspout. Steel column (ref: structural). 02 03 04 05 06 07 CODE REFERENCES (City of Austin RDCS area only). LDC TITLE 25, CHAPTER 25-2, SUBCHAPTER F, ARTICLE 2.6, E, 4, b, (i): A structure may not extend beyond a setback plane...except for gables or a shed roof, with a total horizontal length of not more than 18 feet on each side of the building, measured along the intersection with the setback plane. ARCHITECT'S NOTE: NO PROVISIONS FOR "HABITABILITY OF SPACE" ARE MADE IN THE LANGUAGE CITED ABOVE. IE: ANY ENCLOSED SPACE UNDER THE SHED ROOF MAY PROTRUDE, INCLUDING SPACE USED FOR VERTICAL CIRCULATION. LDC TITLE 25, CHAPTER 25-2, SUBCHAPTER …
ITEM11/148 ITEM11/149 ITEM11/150 ITEM11/151 ITEM11/152 ITEM11/153 ITEM11/154 ITEM11/155 ITEM11/156 ITEM11/157 ITEM11/158 ITEM11/159 June 24, 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 Sideyard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702, District 2 On behalf of the owner of the above referenced Property, please accept the enclosed request for a variance to reduce a side-yard setback from 5 feet to 2.77 feet to preserve the existing single family home and accessory apartment. This site was reviewed by the Board in 2020, but although the existing hardship existed at the time the case was considered, the applicant failed to present proper evidence to explain what the hardship was and the reasons it was not in any way caused by the property owner. The property now has a new owner, and we, on behalf of that new owner, wish to ask for the Board’s review. Sincerely, Nikelle S. Meade NSM/sm Enclosure ITEM11/160 Location Map / 1 6 1 1 1 M E T I ITEM11/162 ITEM11/163
Variance Request 1401 E 3rd St C15-2022-0061 The Board of Adjustment October 10, 2022 Item 11 Alecia Mosadomi (Husch Blackwell LLP) ITEM11/1-PRESENTATION Overview Seeking to replace the existing structure with a single-family residence and accessory dwelling unit. ITEM11/2-PRESENTATION Requested Variance To reduce the minimum street side yard setback from 15’ to 10’. ITEM11/3-PRESENTATION ITEM11/4-PRESENTATION ITEM11/5-PRESENTATION ITEM11/6-PRESENTATION ITEM11/7-PRESENTATION The Zoning Regulations Do Not Allow for a Reasonable Use because: They only permit a structure approximately 15’ wide and 32% buildable area. ITEM11/8-PRESENTATION The Hardship is Unique to the Property because: It results from the property being a substandard lot that is only 35’ wide located on a corner lot subject to a 15’ street side yard setback. ITEM11/9-PRESENTATION The Hardship is not General to the Area because: Other lots in the area have the ability to achieve the 40% building coverage allowable by the zoning regulations. ITEM11/10-PRESENTATION Approval Would Not Alter Area Character because: It is not uncommon for structures to be placed in setbacks in this neighborhood. The additional width allows a design that is architecturally appealing and blends in with the area character. ITEM11/11-PRESENTATION ITEM11/12-PRESENTATION Most structures setback between 5’-10’ ITEM11/13-PRESENTATION
BOA Monthly Report July 2022-June 2023 September 12, 2022 4 1 2 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback Postponed 1. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 2. Section 25-2-5 15 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 3. 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 to three (3) stories, b) (C) (2) (a) from height limitations to increase the height limit from three (3) stories to four (4) stories and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback Denied 1. 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 from two (2) stories to three (3) stories Withdrawn 0 Discussion Items Sept 2022. Interpretations 0 new inquiries The deposition of the case items: 10 Granted 14 Postponed 1 Denied 1 Withdrawn 11 Discussion Items Board members absent: Vacant position (Added SEPT 12# 2022) Agustina Rodriguez 4 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 0 3 July 13, 2022 …
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, …
BOA MEETING DATES FOR 2023 (2ND Monday of the month) JANUARY 9, 2023 JULY 10, 2023 FEBRAURY 13, 2023 AUGUST 14, 2023 MARCH 13, 2023 SEPTEMBER 11, 2023 APRIL 10, 2023 MAY 8, 2023 JUNE 12, 2023 OCTOBER 9, 2023 NOVEMBER 13, 2023 DECEMBER 11, 2023
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. ITEM3/1 (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); 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 …
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 ITEM3/1-PRESENTATION 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 ITEM3/2-PRESENTATION 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 ITEM3/3-PRESENTATION 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 ITEM3/4-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 5 of 27 ITEM3/5-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 6 of 27 ITEM3/6-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 7 of 27 ITEM3/7-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 8 of 27 ITEM3/8-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 9 of 27 ITEM3/9-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 10 of 27 ITEM3/10-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 11 of 27 ITEM3/11-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 12 of 27 ITEM3/12-PRESENTATION 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 …
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: ITEM4/1 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair forITEM4/2 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 …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0066 BOA DATE: October 10th, 2022 ADDRESS: 1116, 110, 1112, 1114, 1118-1124, 1128-1130 W 6th St 605, 607 Blanco St OWNER: Clarks Village, LP COUNCIL DISTRICT: 9 AGENT: Richard Suttle ZONING: CS-MU-CO-NP; CS-MU-V-CO-NP LEGAL DESCRIPTION: LOT 19 BLK B OLT 2 DIV Z RAYMOND SUBD VARIANCE REQUEST: LDC 25-2-1063 ARTICLE 10 Compatibility Standards SUMMARY: erect a Mixed-Use project ISSUES: protected trees, on-site historical structures, significant grade change from northeast to southwest across the site ZONING CS-MU-CO-NP; CS-MU-V-CO-NP Site North MF-4-HD-NP South CS-MU-V-CO-NP East West CS-MU-V-CO-NP CS-1-MU-CO-HD-NP LAND USES General Commercial Services-Mixed Use-Conditional Overlay-Neighborhood Plan; General Commercial Services- Mixed Use-Vertical Mixed Use-Conditional Overlay- Neighborhood Plan Multi-Family-High Density-Historic Designation General Commercial Services-Mixed Use-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan General Commercial Services-Mixed Use-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan Commercial-Liquor Sales-Mixed Use-Conditional Overlay- Historic Designation-Neighborhood Plan NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Old West Austin Neighborhood Association Old West Austin Neighborhood Plan Contact Team Preservation Austin SELTexas Save Historic Muny District Shoal Creek Conservancy Sierra Club, Austin Regional Group ITEM5/1 September 9, 2022 Andrew Linseisen 100 Congress Ave, Suite 1300 Austin TX, 78701 Property Description: LOT 19 BLK B OLT 2 DIV Z RAYMOND SUBD Re: C15-2022-0066 Dear Andrew, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variances from LDC Sections 25-2-1063(B), 25-2- 1063(C)(1), 25-2-1063(C)(2), and 25-2-1063(C)(3) at 607 Blanco St, 1110, 1112, 1114, 1116, 1118-20, 1122-24, and 1128 W 6th St. . Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Specifically, any proposed construction on this site must meet 15’ radial clearance from any existing overhead electrical facilities (lines, poles, etc.). 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 ITEM5/2 Board of Adjustment General/Parking Variance Application - …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0067 BOA DATE: October 10th, 2022 ADDRESS: 2614 Canterbury St OWNER: Jose Minguell COUNCIL DISTRICT: 3 AGENT: N/A ZONING: SF-3NP (Holly) LEGAL DESCRIPTION: LOT 9 BLK 5 OLT 41-42 OLT 53 DIV O RIVERVIEW ADDN VARIANCE REQUEST: decrease the minimum Interior Side Yard Setback from 5 feet to 6 inches SUMMARY: maintain two (2) small sheds - a utility shed and bike shed ISSUES: corner lot, heritage pecan tree 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 Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town ITEM6/1 September 28, 2022 Jose Minguell 2614 Canterbury St Austin TX, 78702 Re: C15-2022-0067 Dear Jose, Property Description: LOT 9 BLK 5 OLT 41-42 OLT 53 DIV O RIVERVIEW ADDN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the City of Austin Land Development Code at 2614 Canterbury St pertaining to the 5’ interior side yard setback requirement for SF-3 zoning. 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 ITEM6/2 Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 2614 Canterbury Street ____________________________________________________________________________ LOT 9 BLK 5 OLT 41-42 OLT 53 DIV O RIVERVIEW ADDN ____________________________________________________________________________ _________________________________ 9 _____________________________ 5 _________________________________ 53 _____________________________ O Riverview Addn ___________________________________________________________________ SF …
VARIANCE REQUEST: extend the dock length no more than 20% percent (maximum allowed) to 35% percent (requested) BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0070 BOA DATE: October 10th, 2022 ADDRESS: 4625 Rockcliff Rd OWNER: David Richard COUNCIL DISTRICT: 8 AGENT: Janis J. Smith, P.E. ZONING: SF-2 / LA LEGAL DESCRIPTION: ABS 329 SUR 2 GRAY T ACR 11.041 SUMMARY: erect a Boat Dock ISSUES: extremely shallow water ZONING LAND USES Site North South East West SF-2 / LA SF-2 / LA SF-2 / LA LA SF-2 / LA Single Family / Lake Austin Single Family / Lake Austin Single Family / Lake Austin Lake Austin Single Family / Lake Austin NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council City of Rollingwood Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources ITEM7/1 September 28, 2022 Janis Smith PE 1505 Westover Rd Austin, TX 78703 Re: C15-2022-0070 Dear Janis, Property Description: ABS 329 SUR 2 GRAY T ACR 11.041 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 25-2-1176(A)(2) at 4625 Rockcliff 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 ITEM7/2 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 …
ITEM7/1-PRESENTATION ITEM7/2-PRESENTATION ITEM7/3-PRESENTATION ITEM7/4-PRESENTATION LAKE AUSTIN SLOUGH LOOKING UPSTREAM FROM SLOUGH TO THE CREEK. DOCK LOCATION CIRCLED APPROXIMATE DOCK LOCATION. SLOUGH ENDS AT ABOUT THE UPSTREAM CORNER OF THE HOUSE ACROSS THE LAKE CREEKBED CREEKBED ITEM7/5-PRESENTATION ITEM7/6-PRESENTATION
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0071 BOA DATE: October 10th, 2022 ADDRESS: 2311 Lafayette Ave OWNER: Daniel Mitchell COUNCIL DISTRICT: 9 AGENT: Micah King (Husch Blackwell LLP) ZONING: SF-3-NP (Upper Boggy Creek) LEGAL DESCRIPTION: LOT 8 BLK 1 OLT 27-28&31 DIV C NOWLIN HEIGHTS VARIANCE REQUEST: a) increase the total square footage of a Secondary Dwelling unit from the lesser of 1,100 sq. ft. or 0.15 FAR to 1,452 sq. ft. and b) increase the second floor square footage from 550 sq. ft. to 756 sq. ft. SUMMARY: erect Secondary Dwelling Unit ISSUES: narrow width of lot, 24 inch Heritage tree and critical root zones 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 Cherrywood Neighborhood Assn. Concordia Neighborhood Association Del Valle Community Coalition Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Upper Boggy Creek Neighborhood Planning Team ITEM8/1 September 28, 2022 Micah King 111 Congress Ave, Ste. 1400 Austin, TX 78701 Re: C15-2022-0071 Dear Micah, Property Description: LOT 8 BLK 1 OLT 27-28&31 DIV C NOWLIN HEIGHTS Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variance requests from LDC Sections 25-2-774(C)(5)(a) and 25-2-774(C)(5)(b) at 2311 Lafayette Ave. 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 ITEM8/2 Micah J. King 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 August 31, 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 Drive Austin, Texas 78752 RE:(cid:3) Variance Request for Property Located at 2311 Lafayette Avenue …
Variance Request 2311 Lafayette Avenue C15-2022-0071 The Board of Adjustment October 10, 2022 Micah King Husch Blackwell LLP ITEM8/1-PRESENTATION Purpose To facilitate the replacement of an existing, non-complying secondary unit with a safe, modern new unit (including elimination of the existing unit’s setback encroachments) and the preservation of the front house, which was constructed in 1948, which contributes to the neighborhood’s character. 2 ITEM8/2-PRESENTATION Map of Property Location 3 ITEM8/3-PRESENTATION Map of Area Zoning 4 ITEM8/4-PRESENTATION The Front House (To be Preserved) 5 ITEM8/5-PRESENTATION The Rear House (To be Replaced) 6 ITEM8/6-PRESENTATION Requested Variances From LDC § 25-2-774(C)(5)(a), to increase the maximum size of a secondary unit from the lesser of 1,100 sq. ft. or 0.15 FAR (required) to 1,452 sq. ft. (requested); and From LDC § 25-2-774(C)(5)(b), to increase the maximum size on the second story of a secondary unit from 550 sq. ft. (required) to 756 sq. ft. (requested). 7 ITEM8/7-PRESENTATION 8 ITEM8/8-PRESENTATION Photo of Tree with Front House on Left 9 ITEM8/9-PRESENTATION Photo of Rear Unit on Left 10 ITEM8/10-PRESENTATION Photo of Multi-Family Building to the Rear 11 ITEM8/11-PRESENTATION The Regulations Do Not Allow for a Reasonable Use The regulations unreasonably constrain the ability of the owner to have adequate housing to meet their long-term needs without demolishing and replacing the existing 948-square-feet front house, which was constructed in 1948, or altering it in such a way as to negatively impact the area character, and the rear unit is a noncomplying structure that violates side and rear yard setback requirements and forcing the owner to be stuck with the rear unit is unreasonable given its state and noncomplying status and keeping it as-is would not address the need for more housing space. 12 ITEM8/12-PRESENTATION The Hardship is Unique to the Property The hardship is unique to the property because it has two small, old structures that are both noncomplying, a 3-story multifamily building is immediately to the rear of the property, and options for where to provide safe, adequate, new housing that will help the owner remain in place are constrained by the narrow width of the lot, the locations of the existing structures, the required front, side, and rear setbacks, the driveway, a 24-inch Heritage Tree, and Critical Root Zones. 13 ITEM8/13-PRESENTATION The Hardship is Not General to the Area The hardship is not general to the area because many nearby front houses …
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 ITEM9/1 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; 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 …
ITEM9/74 From: To: Subject: Date: Attachments: Absolute Stornlok Ramirez, Elaine Re: Question about Case Number C15-2022-0060 Thursday, July 07, 2022 4:05:03 PM image001.png *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 7 feet from the eastern property line, and 13 feet from the southern one. I fell that the requested distances are too close to the property border for building, especially the one requesting only 7 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, On Thursday, July 7, 2022 at 03:25:22 PM CDT, Ramirez, Elaine <elaine.ramirez@austintexas.gov> wrote: Kevin Chrane (512) 694-2046 Yes! Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 ITEM9/75 From: To: Subject: Date: Ruth Lauer Ramirez, Elaine Written comments C15-2022-0060 for Board of Adjustment meeting Friday, July 08, 2022 3:26:53 PM *** External Email - Exercise Caution *** Ms. Ramirez, Does the Board of Adjustment accept emailed objections? If so, here’s mine. Thanks. Case Number C15-2022-0060. 1609 Matthews Lane, 78745 BoA July 11, 2022 Name. Ruth Lauer Addresses affected. 7309 Forest Wood Rd, 1504A and B Matthews Lane, 78745 Signature Ruth Lauer Date 7/8/22 Daytime telephone 512-228-8523 Comments: I object to the variance requested for 1609 Matthews Lane (C15-20200-00060). Remember as a kid asking for something from your parents but trying to ask them separately? I think CMBH2 is doing that. They didn’t get what they wanted from the ZAP so now they are asking the Board of Adjustment. This property was purchased in March 2021 by CMCBH2 Company LLC. Their initial zoning change request (C14-2021-0056) was opposed by the Matthews Lane Neighborhood Association (MLNA). With the assistance of Ann Kitchen’s office the MF-3 (and 14 homes) request was reduced …
ZONING SUBJECT SITE 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/1-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 – October 10, 2022 ITEM9/2-PRESENTATION Single Family 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/3-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 – October 10, 2022 ITEM9/4-PRESENTATION Compatibility Buffer 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/5-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/6-PRESENTATION Reasonable Use – • 16.5 UPA • Avg. Unit Size: 929sf • Max Height – 2flrs/26ft. • 18 UPA • Avg. Unit Size: 2,370sf • Max Height – 3flrs/40’ • 18 UPA • Avg. Unit Size: 2,111sf • Max Height – 3flrs/34’1” 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/7-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/8-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/9-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/10-PRESENTATION 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/11-PRESENTATION 6ft of topographic change 1609 Matthews Lane – C15-2022-0060 City of Austin – Board of Adjustment – October 10, 2022 ITEM9/12-PRESENTATION Similar Cases 1. C15-2019-0056 – 1400 W Oltorf 2. C15-2019-0014 – 411, 601 E Powell Lane 3. C15-2019-0061 – 735 Springdale Rd 4. C15-2020-0009 – 3219 Manor Rd 5. C15-2020-0013 – 2700 E 5th St 6. C15-2020-0053 – 900 Old Koenig Ln & 5916 N Lamar Blvd 7. C15-2021-0096 – 5700 Grover Ave & 5617 Roosevelt Rd 8. C15-2021-0101 – 201 & 403 E Koenig Lane 1609 Matthews Lane …
From: To: Cc: Subject: Date: Bryce Allison Ramirez, Elaine c C15-2022-0061 / 1401 E 3rd St Tuesday, October 04, 2022 8:29:48 AM *** External Email - Exercise Caution *** Dear Board of Adjustment, I have been in conversations with Cortland Chalfant regarding the property at 1401 E 3rd St and the newly requested setback on the Navasota side from 15' to 10'. He has shared his plans to remove the existing structure and rebuild a new house and ADU that is more fitting with the neighborhood. I understand that these new plans would respect the existing setback adjacent lot (east side) but will require a variance on the setback of Navasota side of the street. Since these new plans lead to a structure that is more fitting with the nature and character of the neighborhood, I am supportive of the request for variance on the Navasota side to reduce the setback from 15' to 10' in order to accommodate this. Thanks, David Allison 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. ITEM11/1-LATE BACKUP From: To: Subject: Date: Kelly Sibilsky Ramirez, Elaine C15-2022-0061 - Public Hearing Scheduled for October 10, 2022 Friday, October 07, 2022 10:36:07 AM *** External Email - Exercise Caution *** Good morning, My husband and I live just down the street from 1401 E. 3rd Street and have been following this case closely. The existing white structure has been a graffiti covered eyesore that brings the entire neighborhood down for far too long. It has been our opinion all along that the structure should be torn down - not only because it is an eyesore but because it is a fire hazard for the neighboring property and does not fit into the character of the neighborhood. I've reviewed the latest variance request to reduce the street (Navasota) side set back from 15' to 10' and the images of the proposed structure which is the subject of the October 10, 2022 meeting. It is my opinion that removing and replacing the existing white structure with what is being proposed would fit into the neighborhood much better. Therefore, I am in favor of the BOA granting this variance to reduce the street (Navasota) side set back from …
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From: To: Subject: Date: Christi Hay Ramirez, Elaine C16-2022-0004 Thursday, October 06, 2022 9:59:50 PM *** External Email - Exercise Caution *** I would like to notify you of my continued opposition to the Billboard at 4507 N IH 35 4507 N IH 35 size (200 square feet) and height (50 feet) from the current limits of 107 square feet and 35 feet high. My main concerns are the sheer amount of light and the size of the board. Good Evening- Thank you Christi Hay 1304 Bentwood Rd Austin, TX 78722 512.417.9448 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. ITEM3/1-LATE BACKUP From: To: Subject: Date: Claire Bush Ramirez, Elaine Code Variance Request C16-2022-0004 Friday, October 07, 2022 10:19:12 AM *** External Email - Exercise Caution *** Dear Ms. Ramirez, I hope you are well today! I am writing as a resident of the Delwood 2 neighborhood to oppose the Code Variance Request for the sign at 4507 N IH 35. I see no reason to exceed the current limits of 107 square feet and 35 feet high. I am worried about the light pollution at night so close to a residential area and have concerns about digital messaging/advertising. I hope this message is delivered in time for the Board of Adjustment to consider. Thanks so much for your time, Claire Bush 1214 Norwood Rd, Austin, TX 78722 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. ITEM3/2-LATE BACKUP Karen Brinkman Ramirez, Elaine From: To: Cc: Subject: Date: Attachments: Opposition to Code Variance Request -- C16-2022-0004 Sunday, October 09, 2022 6:54:40 PM Variance Request.pages *** External Email - Exercise Caution *** Dear Ms. Ramirez: I’ve changed the previous document into a PDF format. Hopefully, you can open it now. We’re out of state in a town with very limited WiFi access so I hope this document reaches you. Thank you again for your help. Karen Brinkman Delwood 2 Neighborhood Association Member CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use …
ITEM5/1-LATE BACKUP October 5, 2022 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services RE: Variance Ref. No. C15-2022-0066 - Letter of Support of Variance for 1110-1130 W 6th Street and 605-607 Blanco Street (“Property”) Dear Board Members: I am the owner of the property located at 608 Baylor Street, Austin, TX 78703, and I am in support of the proposed mixed-use project to be located on the above-referenced Property including the related variance request to increase the maximum height currently limited by compatibility standards triggered by my property. I am hopeful the Board supports the requested variance and appreciate the opportunity to provide our input. Sincerely, Tyson Tuttle ITEM5/2-LATE BACKUP September 29, 2022 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services RE: Variance Ref. No. C15-2022-0066 - Letter of Support of Variance for 1110-1130 W 6th Street and 605-607 Blanco Street (“Property”) Dear Board Members: I am the owner of the property located at 608 Blanco Street, Austin, TX 78703, and I am in support of the proposed mixed-use project to be located on the above-referenced Property including the related variance request to increase the maximum height currently limited by compatibility standards. I am hopeful the Board supports the requested variance and appreciate the opportunity to provide our input. Sincerely, Harry J Kuper Jr. SVEA Magnolia III LLC ITEM5/3-LATE BACKUP
ITEM6/1-LATE BACKUP ITEM6/2-LATE BACKUP This is concerning a variance: C15-2022-0067 / 2614 Canterbury St to maintain two sheds. I am aware that Jose Minguell and Laura McQuary have applied for a variance to keep their (35 square foot) utility and (75 square foot) bike sheds that are adjacent to my property line. The two sheds replaced an old pre-fabricated metal shed and open storage area that were both in very poor condition and housed rodents. The new sheds are constructed much better. Since Jose and Laura do not have a garage, the sheds function as general storage that is easily accessed from the driveway. I’m fine with Jose and Laura keeping them there as sheds. ______________________________ Signed by: _Shanna Igo____________________ Neighbors at:____81 Llano St. _______________ ITEM6/3-LATE BACKUP
From: To: Subject: Date: Janis Smith Ramirez, Elaine neighbor support emails for 4625 Rockcliff Road C15-2022-0070 Sunday, October 09, 2022 3:23:59 PM *** External Email - Exercise Caution *** Hi there Elaine — I’ve got 3 of these that I’m forwarding to you, or would you like me to do something other than that? Like copy and paste them into one document? Please advise. Thanks much, Janis J. Smith, P.E. Janis Smith Consulting, LLC 512-914-3729 Begin forwarded message: > From: David Richard < Subject: Fwd: 4625 Rock Cliff Rd Boat Dock Date: September 25, 2022 at 4:10:59 PM CDT To: Janis Smith > Begin forwarded message: From: Ken Kalinoski < Subject: Re: Fwd: 4625 Rock Cliff Rd Boat Dock Date: September 25, 2022 at 2:58:22 PM CDT To: David Richard < > > David We have no problem with your choice of location for your planned new dock and boat lifts. Good luck with the building process. Maybe we can get together to learn what worked best for a successful permitting application. Jean and Ken Kalinoski 4646 Rockcliff Road Austin Texas 78746 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 ITEM7/1-LATE BACKUP From: To: Subject: Date: Janis Smith Ramirez, Elaine Case Number: SP-2022-0246D -- neighbor support letters Sunday, October 09, 2022 3:26:31 PM *** External Email - Exercise Caution *** Thanks much, Janis J. Smith, P.E. Janis Smith Consulting, LLC TBPE Firm No. 16978 512-914-3729 Begin forwarded message: From: Jim L Upshaw Subject: Case Number: SP-2022-0246D Date: September 23, 2022 at 8:59:11 PM CDT To: " Cathleen Campbell and Chima Onyia, This email is written in support of David & Ethel Richard's request for a permit to construct a dock and bulkhead at 4625 Rockcliff Rd. My name is Jim Upshaw (and my wife Caren Upshaw) are neighbors of the Richards. Our property (1715 Channel Rd) sits across the pond from the proposed new dock, and we share a common property line with the Richard's property. After reviewing the proposed dock and bulkhead plans, we encourage the approval of the variance necessary to proceed with obtaining the permit to allow construction. Sincerely, Jim Upshaw 512 706-5553 1715 Channel Rd Austin, TX 78746 CAUTION: This email was received at the …
From: To: Cc: Subject: Date: Attachments: Victoria Ramirez, Elaine Ramirez, Diana; Re: Applicants on the 10/10/2022 (Mon.) Board of Adjustment hearing Sunday, October 09, 2022 3:23:47 PM image001.png *** External Email - Exercise Caution *** Elaine, We request postponement of C15-2022-0060, 1609 Matthews Lane case to the November BOA hearing due to scheduling conflicts on our end. At least one of us will still be present or on the line in the event questions arise. Please confirm receipt of this email. Thank you, Victoria Haase 512-998-5900 Cell 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78745 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Wednesday, October 5, 2022 1:12:46 PM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: Applicants on the 10/10/2022 (Mon.) Board of Adjustment hearing Greetings Board applicants on the Monday 10/10 agenda – Please read this entire e-mail BOA meeting are being held Hybrid – both virtually and in-person. Please take a look at attached agenda and reply to just me (not to all) and advise if you’ll need a postponement or to withdraw from Monday’s hearing, you will have to inform me before 3p.m. Note: Please know that just because you are requesting a PostPonement does not guarantee the Board will ITEM9/1-LATE BACKUP-PPMT REQ grant the request, they still may decide to hear the case. Someone will need to show up to the hearing in case the Board denies the PostPonement request and wants to hear it at the scheduled October 10th, 2022 BOA meeting. Also, take a look at all the back up for your case at the Board’s website (including AE’s reports). Here’s a link to the BCIC website: https://www.austintexas.gov/cityclerk/boards_commissions/meetings/15_1.htm I can still take in correspondence (neighbor and neighborhood Opposition and Support letters) for the Board’s late back up packet that they receive on the dais up until 9 a.m. the day of the hearing, just email it to me. Please read this entire e-mail APPLICANTS TO GIVE CASE PRESENTATION IN-PERSON • Make sure to sign in the registration book on the counter as soon as you walk into Council Chambers • There will only be one applicant (virtual or in-person) who has to be registered that will be able to speak and give presentation on case. • Applicant will have a total of 5 minutes to present their case. • There could be additional speaker(s) –architect, surveyor, homeowner, etc. that can sign up as well but will only be …
From: To: Subject: Date: Absolute Stornlok Ramirez, Elaine Case Number C15-2022-0060 Thursday, October 06, 2022 12:20:43 PM *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 10 feet from the eastern property line, and 14 feet from the southern one. I feel that the requested distances are too close to the property border for building, especially the one requesting only 10 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, Kevin Chrane (512) 694-2046 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. ITEM9/1-LATE BACKUP From: To: Subject: Date: Nate Ramirez, Elaine case # C15-2022-0060 Monday, October 10, 2022 9:01:49 AM *** External Email - Exercise Caution *** Hello, I object to the motion I'm contacting the Board of adjustment board. Scheduled for October 10th,2022. case number C15-2022-0060. Thanks, Nate Stilwell 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. ITEM9/2-LATE BACKUP
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 10 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0002 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___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 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 11 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates OUT _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade OUT _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 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 VARIANCE REQUEST: RENOTICE-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 street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: 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-3 DATE: October 10, 2022 CASE NUMBER: C16-2022-0004 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: 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. Oct 10, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to December 12, 2022; Board member Brooke Bailey second on 9-0 vote; POSTPONED TO DECEMBER 12, 2022. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: October 10, 2022 CASE NUMBER: C16-2022-0005 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____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. Oct 10, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 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 5 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0066 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Richard Suttle OWNER: Clarks Village, LP ADDRESS: 1116, 1110, 1112, 1114, 1118-1124 W. 6th Street, 1128-1130 W. 6th Street, 605- 607 Blanco Street (C) (1) (a) from height limitations to increase the height limit from two (2) stories 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) 1. For triggering property at 608 Baylor St a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 15 feet (requested) b) and 30 feet for a structure 50 feet or less from property zoned SF-5 or more restrictive (maximum allowed) to 60 feet and no limitation on the number of stories (requested) c) and 40 feet for a structure more than 50 feet but less than 100 feet from property zoned SF- 5 or more restrictive (maximum allowed) to 60 feet and no limitation on the number of stories (requested) d) distance in excess of 100 feet from the property zoned SF-5 or more restrictive (maximum allowed) to 60 feet (requested) (C) (2) (a) from height limitations to increase the height limit from three (3) stories (C) (3) (a) to increase allowed height from 40 feet plus one foot for each 10 feet of For triggering property at 611 Blanco St (C) (2) (a) from height limitations to increase the height limit from three (3) stories 2. a) and 40 feet for a structure located more than 50 feet but not more than 100 feet from property zoned SF-5 or more restrictive (maximum allowed) to 45 feet and no limitation on the number of stories (requested) b) (C) (3) to increase the height for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet (maximum allowed) to 50 feet plus one foot for each 10 feet of distance in excess of 100 feet, and to …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0067 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___N____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___N____Carrie Waller (Alternate) ___N____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Jose Minguell ADDRESS: 2614 CANTERBURY 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 Interior Side Yard Setback from 5 feet (required) to 6 inches (requested), in order to maintain two (2) small sheds - a utility shed and bike shed in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Substitute motion by Board member Darryl Pruett to Deny; Board member Brooke Bailey second on 5-4 vote (Board members Jessica Cohen, Michael Von Ohlen, Carrie Waller and Marcel Gutierrez-Garza nay); DENIED. 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 October 10, 2022 CASE NUMBER: C15-2022-0070 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Janis J. Smith PE OWNER: David Richard ADDRESS: 4625 ROCKCLIFF RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) from: (A) (2) to extend the dock length no more than 20% percent (maximum allowed) to 35% percent (requested) of the channel width in order to erect a boat dock in an “LA” Lake Austin Residence zoning district. NOTE: 25-2-1176 - SITE DEVELOPMENT REGULATIONS FOR DOCKS, MARINAS, AND OTHER LAKE FRONT USES A dock or similar structure must comply with the requirements of this subsection. (A) (2)No portion of a dock shall extend more than 20% of a channel width as measured by a line that is perpendicular to the centerline of the channel and that extends from the shoreline where the dock is located to the opposite shoreline. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve; Board member Melissa Hawthorne second on 9-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: The site shoreline borders a cove that’s extremely shallow, there’s one access path within the cove that’s deep enough to be navigable, and the rest of the cove is less than 2’ deep. 2. (a) The hardship for which the variance is requested is unique to the property in that: the water is extremely shallow in this location, and the dock has to extend to the lone navigable access path in order to be used. (b) The hardship is not general to the area in which the property is located because: the vast majority of dock sites on Lake Austin have sufficiently deep water to be permitted following code limitations. 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: Both shorelines …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 8 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0071 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Micah King OWNER: Daniel Mitchell ADDRESS: 2311 LAFAYETTE AVE VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) for a Two-Family Residential a) (C) (5) (a) to increase the total square footage of a Secondary Dwelling unit from the lesser of 1,100 square feet or 0.15 FAR (maximum allowed) to 1,452 square feet; and b) (C) (5) (b) to increase the second floor square footage of 550 square feet (maximum allowed) to 756 square feet (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: Per LDC 25-2-774 - TWO-FAMILY RESIDENTIAL USE. (A) For a two-family residential use, the base zoning district regulations are superseded by the requirements of this section. (B) For a two-family residential use the minimum lot area is equivalent to a standard lot. (C) The second dwelling unit: (1) must be contained in a structure other than the principal structure; (2) must be located: (a) at least 10 feet to the rear or side of the principal structure; or (b) above a detached garage; (3) may be connected to the principal structure by a covered walkway; (4) may not exceed a height of 30 feet, and is limited to two stories; (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 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: …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0060 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Darryl Pruett ____-___Agustina Rodriguez OUT ____-___Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___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 (C) (1) (a) from height limitations to increase the height limit from two (2) stories 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. 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. RECONSIDERATION REQUEST: 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 …
October 10, 2022 Nikelle Meade 111 Congress Ave, Ste 1400 Austin TX, 78701 Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Re: C15-2022-0061 Dear Nikelle, 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 at 1401 E 3rd St. Austin Energy cannot approve this variance request until plans have been reviewed and approved by AE’s Transmission Engineering Department. Please send georeferenced CAD drawings for this project to Cody.Shook@austinenergy.com, along with any site plans or surveys you have showing the overhead electric transmission lines located along Navasota St. Any development on this site must meet 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
Steering Committee Members: Adrienne Goldsberry, Chair Kate Ertle, Kevin Kimbrough, Claudette Kazzoun, Rob Kish, James Logan, Andi March, Maureen Metteauer, Oam Parkash, Shawn Shillington, Margaret Sullivan, Jim Todd, Brandon Wright October 10, 2022 RE: BOA Case No. C15-2022-0066 Dear Ms. Cohen and BOA Members: This letter is to express the Old West Austin’s Neighborhood Association’s (OWANA) support for the variances requested as a part of Case No. C15-2022-0066 for the October 10, 2022 Board of Adjustment meeting. The Clarks Village, LLP group has worked closely with neighboring residents of the subject properties and OWANA’s zoning committee during the initial design process for the proposed hotel, residential, and retail project. They have responded positively to neighborhood feedback, adjusting the project design and scope to minimize impacts to neighbors. They also incorporated feedback from the City of Austin’s Historic Landmark Commission into the design. They presented this project, including the proposed variances, at the June 7 OWANA General Membership meeting, and the membership voted to support the proposed uses and design. The attached restrictive covenant codifies the neighborhood’s requests to ensure this project is compatible with and respectful to the residential properties adjacent to it. As such, the Clarks Village group has OWANA’s support for the proposed variances. Thank you, and please contact me if you have any questions. Sincerely, Adrienne Goldsberry Chair, OWANA Steering Committee Not for recordation
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, October 10, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 10, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:39 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Thomas Ates, Agustina Rodriguez, Richard Smith, Nicholl Wade PUBLIC COMMUNICATION: GENERAL None 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. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on September 12, 2022. On-Line Link: Draft minutes September 12, 2022 Board Member Brooke Bailey motions to approve the minutes for September 12, 2022, Board member Melissa Hawthorne seconds on a 8-0-1 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR SEPTEMBER 12, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement for Items 9 and 11 to November 14, 2022. Madam Chair Jessica Cohen motions to approve the postponement requests for Items 9 and 11 to November 14, 2022, Board member Michael Von Ohlen second on 9-0 vote, ITEMS 9 AND 11 POSTPONED TO NOVEMBER 14, 2022 Previous postponement 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 …
