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, 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 …
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 ITEM10/1 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 …
ITEM10/77 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 ITEM10/78 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 …
BOA Monthly Report July 2022-June 2023 October 10, 2022 5 3 Granted 1. 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 and b)(C) (1) (a) from height limitations to increase the height limit and c)(C) (2) (a) from height limitations to increase the height and d)(C) (3) (a) to increase allowed height -2.For triggering property at 611 Blanco St a)(C) (2) (a) from height limitations to increase the height limit and b)(C) (3) to increase the height -3.For triggering property at 612 Blanco St (C) (3) to increase allowed height 2. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) from: (A) (2) to extend the dock length 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 and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback 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. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 3. 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 and b) (C) (5) (b) to increase the second floor square footage 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 5. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback Denied 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback Withdrawn 0 Discussion Items Oct 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Vacant position Thomas Ates, Agustina Rodriguez, Richard Smith and Nicholl Wade (Added OCT10# 2022) 13 19 2 1 16 5 1 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 …
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 SIGN REVIEW COVERSHEET CASE: C16-2022-0011 BOA DATE: November 14th, 2022 ADDRESS: 7309 Lazy Creek Dr OWNER: AISD –Michael Mann (rep) COUNCIL DISTRICT: 1 AGENT: Ezzi Signs –Belem Macedo ZONING: SF-3 LEGAL DESCRIPTION: ABS 22 SUR 29 TANNEHILL J C ACR 42.345 VARIANCE REQUEST: a) exceed sign area of 12 square feet to 80 square feet and b) exceed sign height of building façade, 30 feet to 36 feet SUMMARY: attach a wall sign ISSUES: location of school building ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Colony Park/Lakeside Community Development Corp Del Valle Community Coalition Friends of Austin Neighborhoods Friends of Northeast Austin Homeless Neighborhood Association LBJ Neighborhood Assn Neighborhood Empowerment Foundation Neighbors United for Progress SELTexas Sierra Club, Austin Regional Group ITEM3/1 October 10, 2022 Ezzi Signs 16611 West Little York Rd Houston, TX 77084 Re: C16-2022-0011 Dear Hussain, Property Description: ABS 22 SUR 29 TANNEHILL J C ACR 42.345 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-10-101(B)(1) at 7309 Lazy Creek Dr. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM3/2 C16-2022-0011 13031480 0222280201 Council District: 1 ITEM3/3 ITEM3/4 ITEM3/5 PBX F H F H R D K E E R C Y Z A L F H F H ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV EXISTING BUILDING ICV ICV PBX ICV ICV F H F H ICV ICV ICV ICV L A Z Y C R E E K D R F HF H PECAN BROOK DR PECAN BROOK DR PBX F H F H SITE …
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 ITEM4/1 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 ____________________________ forITEM4/2 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 3 DATE: September 12, 2022 CASE NUMBER: …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0082 BOA DATE: November 14th, 2022 ADDRESS: 2406 Sweetbrush Dr OWNER: Justin & Joy Hirsch COUNCIL DISTRICT: 10 AGENT: Brian Wills ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: LOT 13 SWEETBRUSH SEC 2 ABS 313 SUR 8 GILBERT D J ACR .044 VARIANCE REQUEST: decrease the minimum rear yard setback from 25 feet to 10 feet SUMMARY: erect a Garage/Guest House ISSUES: irregularly shaped lot, steep topography, and protected trees ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Save Historic Muny District Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group ITEM5/1 Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ C15-2022-0082 0119080330 13031889 Section 1: Applicant Statement Street Address: __________________________________________________________________ 2406 Sweetbrush Dr, Austin, Texas 78703 Tract I: Lot 13, Sweetbrush Section Two, a subdivision in Travis County, Texas, according to the map or play thereof, ____________________________________________________________________________ recorded in Volume 38, Page 30 of the Plat Records of Travis County, Texas. Tract II: Being all of that certain tract or ____________________________________________________________________________ parcel of land containing 0.44 acres, more or less, situated in the Daniel J. Gilbert Survey No. 8, Travis County, Texas. 13 _________________________________ _____________________________ _________________________________ _____________________________ ___________________________________________________________________ SF-3-NP Council District: 10 (WANG) ________________________________________________ Brian Wills, Project Manager for Cuppett Kilpatrick Architects Justin Hirsch and Joy Kerveillant-Hirsch ________________________________________________ October 6 2022 ______________________________________________________________ Garage/Guest House ____________ | Board of Adjustment General/Parking Variance Application | Page 4 of 8 ITEM5/2 City of Austin, Land Development Code, Section 25-2-515 (Rear Yard of Through Lot) to decrease the rear yard ____________________________________________________________________________ setback (along Matthews Dr) from 25 feet to 10 feet. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings Property was planned with restrictive covenant in 1955 that requires residence to front Sweetbrush Dr and ____________________________________________________________________________ specifically calls out a 25ft front building line setback (on Sweetbrush Dr) and a 10ft rear building setback (on ____________________________________________________________________________ Matthews Dr); Matthews Drive ROW was decreases and acts more like an alley; the lot contains steep topography, ____________________________________________________________________________ several protected trees, and existing residence all of which constrain …
November 8, 2022 Brian Wills 3904 Medical Pkwy, Suite C Austin TX, 78756 Re: C15-2022-0082 Property Description: LOT 13 SWEETBRUSH SEC 2 ABS 313 SUR 8 GILBERT D J ACR .044 Dear Brian, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-515 to reduce the rear yard setback from 25’ to 10’ at 2406 Sweetbrush Dr. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
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 ITEM6/1 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 forITEM6/2 October 28, 2022 Nikelle Meade 111 Congress Ave., Suite 1400 Austin TX, 78701 Re: C15-2022-0061 Dear Nikelle, 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 request from …
ITEM6/19 CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0061 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: ITEM6/20 (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 ITEM6/21 August 26, 2022 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re. Request for Second Postponement: Case No. C15-2022-0061; Request for Side Yard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702 On behalf of the owner of the above referenced Property, we respectfully request an additional postponement of the case to October 10th to allow additional time to continue our discussions with the neighboring property owner and the East Cesar Chavez Neighborhood Plan Contact Team. We have begun discussions with them regarding a workable resolution of this matter and need some additional time to complete those discussions and …
REGULAR MEETING of the BOARD OF ADJUSTMENT November 14, 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 October 10, 2022. On-Line Link: Draft minutes October 10, 2022 PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Sign New case: 3. C16-2022-0011 Ezzi Signs for Michael Mann 7309 Lazy Creek Drive (B) (1)(c)(ii) to exceed sign height of building façade, 30 feet (maximum allowed) (B)(1)(b) to exceed sign area of 12 square feet (maximum allowed) to 80 square On-Line Link: Item-3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10 Sign Regulations, Article 5 Regulations applicable to all Sign Districts, Section 25- 10-101 (General On-Premise Signs), requesting a total of 1 sign(s) on the property a) feet (requested) and b) to 36 feet (requested) in order to attach a wall sign on a two-story school building in a “SF-3”, Single-Family zoning district. Note: The Land Development Code Sign Regulations 25-10-101 General On-Premise signs (B) Signs for Commercial, Multi-Family, Civic and Industrial Uses. Unless specifically limited to a particular use, the following signs are allowed on a site containing any lawfully permitted commercial, multi-family, civic, or industrial use; (1) A freestanding or …
ITEM6/61 ITEM6/62 ITEM6/63 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: Does not meet the accessibility and visitability requirements defined in section R320.7; Fails to ensure emergency fire egress via the Restricts fi ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. accessible ground-floor exits; As you consider this variance request, please keep these measurements in mind: 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street official side-lot setbacks call - -built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43 properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street . Note that the existing sidewalk straddles over the lot line by approximately 10 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA compliant width of . Consider also the explanation in th letter: [Durham Partners used] an incorrect version of development guidelines do not allow for this type of error. Per t The Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. more than reasonable to expect a professional developer to do so. development process successfully. It is While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley ITEM6/64 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
ITEM6/61 ITEM6/62 ITEM6/63 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: Does not meet the accessibility and visitability requirements defined in section R320.7; Fails to ensure emergency fire egress via the Restricts fi ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. accessible ground-floor exits; As you consider this variance request, please keep these measurements in mind: 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street official side-lot setbacks call - -built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43 properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street . Note that the existing sidewalk straddles over the lot line by approximately 10 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA compliant width of . Consider also the explanation in th letter: [Durham Partners used] an incorrect version of development guidelines do not allow for this type of error. Per t The Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. more than reasonable to expect a professional developer to do so. development process successfully. It is While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley ITEM6/64 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
ITEM6/100 ITEM6/101 ITEM6/102 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. ITEM6/103 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 3:00:04 PM CST To: "Thompson, Jeffrey - …
ITEM6/140 ITEM6/141 ITEM6/142 ITEM6/143 ITEM6/144 ITEM6/145 BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0061 BOA DATE: July 11th, 2022 ADDRESS: 1401 E. 3rd St OWNER: Cortlandt Chalfant COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: reduce interior side setback from 5 ft. to 2.77 ft. SUMMARY: complete construction of a Single-Family residence ISSUES: layout error during construction 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 East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team 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 ITEM6/146 I July 1, 2022 Nikelle Meade 111 Congress Ave Suite 1400 Austin, TX 78701 Re: C15-2022-0061 Dear Nikelle, 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 request from LDC Section 25-2-492 at 1401 East 3rd Street. 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 ITEM6/147 ITEM6/148 ITEM6/149 ITEM6/150 ITEM6/151 ITEM6/152 ITEM6/153 ITEM6/154 ITEM6/155 ITEM6/156 ITEM6/157 ITEM6/158 ITEM6/159 ITEM6/160 ITEM6/161 ITEM6/162 ITEM6/163 ITEM6/164 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 …
Variance Request 1401 E 3rd St C15-2022-0061 The Board of Adjustment November 14, 2022 Item __ Alecia Mosadomi (Husch Blackwell LLP) ITEM6/1-PRESENTATION Overview Seeking to replace the existing structure with a single-family residence and accessory dwelling unit. ITEM6/2-PRESENTATION Requested Variance To reduce the minimum street side yard setback from 15’ to 10’. ITEM6/3-PRESENTATION ITEM6/4-PRESENTATION ITEM6/5-PRESENTATION ITEM6/6-PRESENTATION ITEM6/7-PRESENTATION The Zoning Regulations Do Not Allow for a Reasonable Use because: They only permit a structure approximately 15’ wide and 32% buildable area. ITEM6/8-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. ITEM6/9-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. ITEM6/10-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. ITEM6/11-PRESENTATION ITEM6/12-PRESENTATION Most structures setback between 5’-10’ ITEM6/13-PRESENTATION
WITHDRAWN by applicant on 10/29/22 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0065 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Richard Smith ___-____Agustina Rodriguez (out) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Daniel Strinden ADDRESS: 1700 LORETO DR VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 15 feet (requested) in order to erect a detached Two-Family residential unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (MLK Neighborhood Plan) Note: Per LDC 25-2-515 Rear Yard of Through Lot for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Madam Chair Jessica Cohen second; Board member Michael Von Ohlen withdraws the motion to Approve and motions to Postpone to November 14, 2022, Board member Brooke Bailey second on 11-0 vote; POSTPONED TO NOVEMBER 14, 2022. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: ITEM7/1 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 forITEM7/2 From: To: Subject: Date: Attachments: Danny Strinden Ramirez, Elaine Re: REMINDER: November 14, 2022 Advanced Packet deadline Saturday, October 29, 2022 1:03:24 PM image001.png *** External Email - Exercise Caution *** Rather than request postponement, I think I would like to withdraw my case or take whatever action which would allow me not to spend any more money. At this point, I do not believe it would be feasible for me to build on the rear lot of my property, because of interference with the critical root zone of at least two heritage …
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 ITEM8/1 (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 …
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 ITEM8/30 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 ITEM8/31 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 November 14, 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 house (including elimination of the existing setback encroachments) and the preservation of the front house, which was constructed in 1948, which contributes to the neighborhood’s character. The new rear unit would become the main house, and the existing front structure would become the secondary unit. 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)(2)(a), to change the requirement that the second dwelling unit must be located at least 10 feet to the rear or side of the principal structure (required) to have the second dwelling unit be in front of the principal structure (requested); and From LDC § 25-2-774(C)(5)(b), to increase the maximum size of the second dwelling unit (proposed to be the front house) from the lesser of 1,100 sq. ft. or 0.15 FAR (required) (which equates to 901.5 sq. ft.) to 948 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 …
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: ITEM9/1 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 forITEM9/2 BOA GENERAL REVIEW COVERSHEET RE-CONSIDERATION CASE: C15-2022-0067 BOA DATE: November 14th, 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 …
From: To: Subject: Date: Fernando Buchetti Ramirez, Elaine case number C15-2022-0060----- 1609 Matthews Lane Wednesday, November 02, 2022 9:14:25 PM *** External Email - Exercise Caution *** Good evening Elaine, My name is Fernando Buchetti, I am in opposition to the case since it will change the neighborhood and increase property taxes and overall costs. Please reach out to me at 512-560-6626 My Address is 1504A Matthews Ln, Austin, Tx. 78745 Case number C15-2022-0060 I have lived at this address for more than 10 years and once again, I'm in opposition to this proposal, this will create unnecessary issues and problems and create hardship for the Neighbours around the area. As mentioned before this will increase the property value and overall costs including our housing cost. Thank you very much for your consideration. Fernando Buchetti 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. ITEM10/1-LATE BACKUP
From: To: Subject: Date: Irene Graveline Ramirez, Elaine 7309 Lazy Creek Drive (LBJ High School) Saturday, November 05, 2022 9:14:06 AM *** External Email - Exercise Caution *** C16-2022-0011 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. Sent from my iPhone ITEM3/1-LATE BACKUP
From: To: Subject: Date: Attachments: Jaron Turkington Ramirez, Elaine Re: C16-2022-0005 / 7712 Elroy Rd Wednesday, November 09, 2022 10:59:41 AM image001.png *** External Email - Exercise Caution *** Correct. On Wed, Nov 9, 2022 at 10:51 AM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Ok so does this mean COTA is withdrawing their request for a Sign variance? 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 PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: Jaron Turkington [mailto Sent: Wednesday, November 09, 2022 10:49 AM ITEM4/1-LATE BACKUP To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: C16-2022-0005 / 7712 Elroy Rd *** External Email - Exercise Caution *** I just got a response. They said they will not be moving forward with the variance. Elaine, Thank you, Jaron Turkington Hi Jaron, On Wed, Nov 9, 2022 at 9:42 AM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: I am checking in to make sure someone is going to show up to the BOA meeting on Monday, Nov. 14? I did not receive any updated information to include the application, no Presentation, etc. by the deadlines. The Board was not happy that no one showed up in October so I am checking in to see that someone will be there on Monday. I am more than sure if no one shows up they will deny the case. If you want to request a PostPonement you can do so, but someone will still need to be at the meeting in case the Board has questions or deny the request and want to hear the case that evening. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department ITEM4/2-LATE BACKUP 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open …
From: To: Cc: Subject: Date: Blake Ramirez, Elaine C15-2022-0082; 2406 Sweetbrush Drive Monday, October 31, 2022 4:41:49 PM *** External Email - Exercise Caution *** 1 November 2022 Elaine Ramirez, Liaison Board of Adjustment City of Austin Dear Board of Adjustment: The Board of Directors of West Austin Neighborhood Group (WANG) have been in discussions with the applicant’s representative in the above referenced variance request at 2406 Sweetbrush Drive. The establishment of a 10-foot rear setback along the through lot property’s Matthew Drive frontage is in keeping with the property directly to the south. Electronically the Board has voted to not oppose the requested variance from the City’s Land Development Code. With respect, Blake Tollett for Holly Reed, President, WANG 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. ITEM5/1-LATE BACKUP From: To: Subject: Date: Jeff Jobe Ramirez, Elaine 2406 Sweetbrush Friday, November 04, 2022 5:21:59 PM *** External Email - Exercise Caution *** CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. Sent from my iPhone ITEM5/2-LATE BACKUP ITEM5/3-LATE BACKUP ITEM5/4-LATE BACKUP ITEM5/5-LATE BACKUP ITEM5/6-LATE BACKUP ITEM5/7-LATE BACKUP ITEM5/8-LATE BACKUP ITEM5/9-LATE BACKUP ITEM5/10-LATE BACKUP 2405SWEETBRUSH2401SWEETBRUSH2409SWEETBRUSH2402ROCKMOOR2500 MATTHEWS2216MATTHEWSLAKE AUSTINN2400MATTHEWSSUBJECTPROPERTY2405ROCKMOOR3711 WINDSOR2401ROCKMOOR2406SWEETBRUSH2408SWEETBRUSH2404SWEETBRUSH3625WINDSOR3705 WINDSOR2403ROCKMOOR2400SWEETBRUSH2208MATTHEWS3715 WINDSOR2403SWEETBRUSH2204ROCKMOOR2204ROCKMOORITEM5/11-LATE BACKUP
ITEM9/1-LATE BACKUP ITEM9/2-LATE BACKUP From: To: Subject: Date: Rio Tomlin Ramirez, Elaine C15-2022-0067 Monday, November 07, 2022 10:26:31 AM *** External Email - Exercise Caution *** I, Rio Tomlin, residing at 2615 Canterbury St, Austin, TX 78702, am IN FAVOR of 2614 Canterbury street having the two sheds on the property as currently indicated. If there are any further questions of my IN FAVOR position on this matter, I can be reached at 512-444-1114. Please confirm this email has been received and recorded as an IN FAVOR opinion. If any further documentation is needed please let me know. Rio Tomlin 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. ITEM9/3-LATE BACKUP
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 10 DATE: Monday November 14, 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 ___-____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 Setbacks …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 3 DATE: November 14, 2022 CASE NUMBER: C16-2022-0011 ___-____Thomas Ates NO VOTE ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne ABSTAINED ___Y____Barbara Mcarthur ___-____Darryl Pruett ABSTAINED ___-____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: Ezzi Signs OWNER: Michael Mann ADDRESS: 7309 LAZY CREEK DR VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10 Sign Regulations, Article 5 Regulations applicable to all Sign Districts, Section 25-10-101 (General On-Premise Signs), requesting a total of 1 sign(s) on the property (B)(1)(b) to exceed sign area of 12 square feet (maximum allowed) to 80 square feet a) (requested) and b) (B) (1)(c)(ii) to exceed sign height of building façade, 30 feet (maximum allowed) to 36 feet (requested) in order to attach a wall sign on a two-story school building in a “SF-3”, Single- Family zoning district. Note: The Land Development Code Sign Regulations 25-10-101 General On-Premise signs (B) Signs for Commercial, Multi-Family, Civic and Industrial Uses. Unless specifically limited to a particular use, the following signs are allowed on a site containing any lawfully permitted commercial, multi-family, civic, or industrial use; (1) A freestanding or wall sign, such as those typically used to direct the movement or placement of vehicular or pedestrian traffic, provided that: (a) no more than one sign is allowed for each building or curb cut; (b) sign area may not exceed 12 square feet; and (c) sign height may not exceed: (i) four feet, for a freestanding sign; or (ii) the height of the building façade, for a wall sign. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Brooke Bailey motions to approve with a friendly amendment this will not be a lit sign; Board member Michael Von Ohlen second on 7-0 vote (Board members Thomas Ates no vote, Melissa Hawthorne and Darryl Pruett abstained); GRANTED WITH A FRIENDLY AMENDMENT THIS WILL NOT BE A LIT SIGN. FINDING: 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: due to the location of the building being on a low density residential area, an indicator is needed …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: November 14, 2022 CASE NUMBER: C16-2022-0005 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______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. 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. WITHDRAWY BY APPLICANT FINDING: OR, OR, AND, 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 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
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 5 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0082 ___Y____Thomas Ates ___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: Brian Wills OWNER: Justin and Joy Hirsch ADDRESS: 2406 SWEETBRUSH DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback (adjacent to Matthews Dr) from 25 feet (required) to 10 feet (requested) in order to erect an attached Garage/Guest House/Addition in an “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (West Austin Neighborhood Group) Note: Per LDC 25-2-515 Rear Yard of Through Lot for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Board member Brooke Bailey second on 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: property was planned with RC on 1955 that requires residence to front Sweetbrush Dr and specifically calls out a 25ft front building line setback on Sweetbrush dr and a 10ft rear building on Matthews Dr, Lot 13 is an irregular shape lot platted in 1968 with restrictions requiring residences on Sweetbrush Dr and establishes a 10 feet rear setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: lot 13 is an irregular shaped lot and contains several large heritage and protected trees and topography is an irregular shape lot as well. (b) The hardship is not general to the area in which the property is located because: lot 13 is the only lot between Sweetbrush Dr and Matthews Dr without allowable 10 feet setback from Matthews Dr. 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: multiple surrounding properties contain structures nearer than 25 feet to Matthews Dr. Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair
DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0061 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 ___Y____Thomas Ates ___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) ___-____Marcel Gutierrez-Garza (Alternate) ABSTAINED 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 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with conditions that the project not deviate from rendering on drawing Item 6/11 and floor plan Item 6/10 and a friendly amendment to limit to 0.4 FAR; Board member Melissa Hawthorne second on 9-0-1 vote (Board member Marcel Gutierrez-Garza abstained); GRANTED WITH CONDITIONS THAT THE PROJECT NOT DEVIATE FROM RENDERING ON DRAWING ITEM 6/11 AND FLOOR PLAN ITEM 6/10 AND A FRIENDLY AMENDMENT TO LIMIT TO 0.4 FAR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the regulations only permit a structure approximately 15’ in width and 32% buildable area on the lot, this width does not adequately allow for the functional layout of interior rooms and forces the creation of a structure that does not blend in well with the community standard. 2. (a) The hardship for which the variance …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 7 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0065 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Richard Smith _______Agustina Rodriguez (out) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Daniel Strinden ADDRESS: 1700 LORETO DR VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 15 feet (requested) in order to erect a detached Two-Family residential unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (MLK Neighborhood Plan) Note: Per LDC 25-2-515 Rear Yard of Through Lot for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Madam Chair Jessica Cohen second; Board member Michael Von Ohlen withdraws the motion to Approve and motions to Postpone to November 14, 2022, Board member Brooke Bailey second on 11-0 vote; POSTPONED TO NOVEMBER 14, 2022. WITHDRAWY BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 8 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0071 ___Y____Thomas Ates ___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 (C) (5) (b) to increase the second floor square footage of 550 square feet (maximum b) 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. (C) (2) (a) for a Two-Family Residential use location at least 10 feet to the rear or side of VARIANCE REQUESTED-RENOTICE The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0067 ___Y____Thomas Ates ___N____Brooke Bailey ___Y____Jessica Cohen ___N____Melissa Hawthorne ___N____Barbara Mcarthur ___N____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___N____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____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. Applicant is requesting a reconsideration. RECONSIDERATION REQUEST: November 14, 2022 Board member Michael Von Ohlen motions to reconsider; Board member Thomas Ates second on 5-5 vote (Board members Brooke Bailey, Melissa Hawthorne, Barbara Mcarthur, Darryl Pruett, Kelly Blume nay); MOTION FAILED TO BE RECONSIDERED. 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
