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
BOA Monthly Report July 2022-June 2023 November 14, 2022 5 Granted 1. 25-10-101 (General On-Premise Signs), a) (B)(1)(b) to exceed sign area and b) (B) (1)(c)(ii) to exceed sign height of building façade 2. 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback 4. 25-2-774 (Two-Family Residential Use) a) (C) (2) (a) for a Two-Family Residential use location and b) (C) (5) (a) to increase the total square footage of a Secondary Dwelling unit 5. 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 0 1 3 Postponed Denied 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback Withdrawn 2 1. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 2. 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback Discussion Items Nov 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Vacant position Agustina Rodriguez, Richard Smith and Nicholl Wade (Added NOV14# 2022) 18 19 3 3 19 October 10, 2022 5 3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) …
1. BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, November 14, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, November 14, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:51 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) and Kelly Blume (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates, Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Carrie Waller (Alternate) Board Member/Commissioners absent: 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 Approve the minutes of the Board of Adjustment Regular meeting on October 10, 2022. On-Line Link: Draft minutes October 10, 2022 Board Member Brooke Bailey motions to approve the minutes for October 10, 2022, Board member Marcel Gutierrez-Garza seconds on a 9-0 votes (Board member Thomas Ates technical issues); APPROVED MINUTES FOR OCTOBER 10, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting Withdrawals for Item 4 and Item 7. Sign New case: 3. C16-2022-0011 Ezzi Signs for Michael Mann 7309 Lazy Creek Drive (B)(1)(b) to exceed sign area of 12 square feet (maximum allowed) to 80 square (B) (1)(c)(ii) to exceed sign height of building façade, 30 feet (maximum allowed) 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 wall sign, such as those typically used to direct the …
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. 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. 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 …
ITEM3/169 ITEM3/170 ITEM3/171 From: To: Subject: Date: Clare Glinka Ramirez, Elaine Code Variance Request C16-2022-0004 Monday, October 10, 2022 8:50:46 AM *** External Email - Exercise Caution *** I am a resident of Delwood 2 and writing to oppose the code variance request to increase the size and height of the billboard. and turn it into a digital sign. Digital signs are a source of light pollution, and digital signs that change their content are a dangerous distraction for highway drivers. Increasing the size and height of the board will increase the light pollution in the neighborhood, and act as an unsightly and distracting advertisement on the highway. thanks, Clare Glinka 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.
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0086 BOA DATE: December 12th, 2022 ADDRESS: 5212 Evans Ave OWNER: Ryan McElroy COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-NP (North Loop) LEGAL DESCRIPTION: LOT 19-20 BLK 22 HIGHLANDS THE VARIANCE REQUEST: disaggregate aggregated lots into two lots SUMMARY: disaggregate two lots that were aggregated ISSUES: original house was built over lot lines ZONING LAND USES Site North South East SF-3-NP SF-3-NP SF-3-NP LR-MU-CO-NP; SF-3-NP West GR-CO-NP Single-Family Single-Family Single Family Neighborhood Commercial-Mixed Use; Single- Family Community Commercial NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Loop Neighborhood Association North Loop Neighborhood Plan Contact Team Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM4/1 November 29, 2022 Ryan McElroy P.O. Box 30104 Austin TX, 78755 Re: C15-2022-0086 Dear Ryan, Property Description: LOT 19-20 BLK 22 HIGHLANDS THE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-1406(5)(d) at 5212 Evans 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 reach out to the Austin Energy Call center at 512-494- 9400 to request termination of service and removal of the electric meter and service drop prior to proceeding with demolition. 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 ITEM4/2 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 …
1. REGULAR MEETING of the BOARD OF ADJUSTMENT December 12, 2022 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote email by elaine.ramirez@austintexas.gov or call 512-974-2202. telephone. To participation remotely, register speak to CURRENT BOARD MEMBERS: ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES Approve the minutes of the Board of Adjustment Regular meeting on November 14, 2022. On-Line Link: Draft minutes November 14, 2022 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. PUBLIC HEARINGS Previous postponement Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item03 PART1; PART2; PART3; PART4; NO 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 …
5212 EVANS AVENUE - BOA VARIANCE REQUEST I am seeking a variance from City Code Section 25-2-1406 - Ordinance Requirements (5)(d) ‘a lot that is aggregated with another property to form a site may not be disaggregated to satisfy this subsection’. As well as a variance from City Code Section 25-2-943 - Substandard Lot (D) ‘a substandard lot that is aggregated with other property to form a site may not be dissagregated after August 6, 2007 to form a site that is smaller than the minimum lot area requirement.‘ Lots 19 & 20 were legally platted in 1917. These lots are adjacent to commercial, mixed use, multi family, two family, and single family residential. And are uniquely designated for Mixed Use in the North Loop Future Land Use Map. These lots back up to an active commercial property, Home Slice Pizza. Detached single family residential fronting Evans Avenue is aligned with the North Loop Neighborhood Plan and would add families and activate the residential streetscape while buffering towards the denser commercial corridor. This variance request has unanimous support from the North Loop Neighborhood Association as well as the adjacent next door neighbor at 5214 Evans Avenue. 5212 Evans Avenue - BOA Variance Request Supporting Documentation - Variance Request December 12, 2022 - Page 1 ITEM04/1-PRESENTATION North Loop Adopted Future Land Use Map AVE H A D LV B R A M A L N O L D K O E NIG L N M M A C K D R RFIELD D E N S O N D R E T S E H C WILL DAVIS DR J O N A T H A N D R HAGE DR H I G H L A N D C A M P U S D R CLAYTON LN W I L H E L M I N A DE L C O DR Airport Boulevard West Neighborhood Urban Center Special Use A mix of residential, commercial, office & community open space. D R E L VIL K FIS E L D MID LA POS A D ADR TIR A D O S T Airport Boulevard East Neighborhood Urban Center Special Use A mix of residential, commercial, office & E U S 290 HWY SVRD WB community open space. E US 290 HWY WB E U S 290 HWY EB E U S 2 9 0 HWY SVRD EB E K …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0087 BOA DATE: December 12th, 2022 ADDRESS: 1303 Harvey St OWNER: Samuel Berniard COUNCIL DISTRICT: 1 AGENT: N/A ZONING: SF-3-NP (Rosewood NP) LEGAL DESCRIPTION: LOT 5 BLK 4 OLT 26 DIV B MCKINLEY HEIGHTS VARIANCE REQUEST: decrease the minimum Front Yard Setback from 25 ft to 10 feet 4 inches SUMMARY: remodel a front porch deck ISSUES: original construction of property was done under previous code ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP GO-MU-CO-NP Single-Family Single-Family Single-Family Single-Family General Office-Mixed Use NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition East Austin Conservancy Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin Rosewood Neighborhood Plan Contact Team SELTexas Sierra Club, Austin Regional Group ITEM5/1 November 29, 2022 Samuel Berniard 1303 Harvey St Austin TX, 78702 Re: C15-2022-0087 Property Description: LOT 5 BLK 4 OLT 26 DIV B MCKINLEY HEIGHTS Dear Samuel, 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 1303 Harvey St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM5/2 CITY OF AUSTIN Development Services Department (cid:51)(cid:72)(cid:85)(cid:80)(cid:76)(cid:87)(cid:87)(cid:76)(cid:81)(cid:74)(cid:3)(cid:9)(cid:3)(cid:39)(cid:72)(cid:89)(cid:72)(cid:79)(cid:82)(cid:83)(cid:80)(cid:72)(cid:81)(cid:87)(cid:3)(cid:38)(cid:72)(cid:81)(cid:87)(cid:72)(cid:85) (cid:51)(cid:75)(cid:82)(cid:81)(cid:72)(cid:29)(cid:3)512(cid:17)(cid:28)(cid:26)(cid:27)(cid:17)4(cid:19)(cid:19)(cid:19)(cid:3) 6(cid:22)1(cid:19)(cid:3)(cid:58)(cid:76)(cid:79)(cid:75)(cid:72)(cid:79)(cid:80)(cid:76)(cid:81)(cid:68)(cid:3)(cid:39)(cid:72)(cid:79)(cid:70)(cid:82)(cid:3)(cid:39)(cid:85)(cid:15)(cid:3)(cid:36)(cid:88)(cid:86)(cid:87)(cid:76)(cid:81)(cid:15)(cid:3)(cid:55)(cid:72)(cid:91)(cid:68)(cid:86)(cid:3)(cid:26)(cid:27)(cid:26)52 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to …
Variance Request 1303 Harvey St C15-2022-0087 Board of Adjustment – Dec. 12th 2022 Samuel Berniard - Homeowner ITEM05/1-PRESENTATION Overview • Seeking variance for front yard setback of 25’ to 10.4’ • Completed Front Porch deck remodel (pictured on right) • Working with COA Residential Review on retroactive permit approval • New deck was built in same footprint as previous deck (pictured on left), with the exception of front steps / access ITEM05/2-PRESENTATION Overview (continued) • Home originally built in 1947 and original structure exists within the current 25’ setback • Red line in picture shown is location of current 25’ setback • Remodeled in 2011, original 1947 structure and porch were kept in place during remodel • Setback code was adopted in 1985 to current 25’ setback ITEM05/3-PRESENTATION Requested Variance • Site development regulations for a Front Yard setback of 25ft • Seeking Front Yard setback of 10.4ft due to added steps for access to existing deck remodel ITEM05/4-PRESENTATION Zoning Regulations do not allow for a reasonable use because: • They do not allow for any front-porch to obtain permit approval with an access modification only such as the front-facing steps added • Current 25’ setback exists ~5’ into the existing interior of the home creating an unreasonable situation for a structure grandfathered into current code ITEM05/5-PRESENTATION Hardship is unique to the property because: • Home was built in 1947 much closer to the street than the majority of homes in the neighborhood • Front of house was not changed in 2011 remodel, existing porch from 1947 is what the current porch and remodel were both built on (same footprint) • Only modification are the front-steps for access that are similar to the existing roof line from the front-porch awning ITEM05/6-PRESENTATION Hardship is not general to the area because: • Setbacks in McKinley Heights have no consistency based on most structures being built in the 1940s and not a part of City of Austin front-yard setback code when built ITEM05/7-PRESENTATION Approval would not alter area character because: • Footprint of deck has not increased, only change are front steps for access • Front-step design is consistent with both immediate neighbors on Harvey St (pictured) and homes throughout the neighborhood ITEM05/8-PRESENTATION
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0088 BOA DATE: December 12th, 2022 ADDRESS: 705 E 50th St OWNER: Homebound Texas Propco COUNCIL DISTRICT: AGENT: Drew Padgett ZONING: SF-3-NCCD-NP (North Hyde Park) LEGAL DESCRIPTION: ABS 789 SUR 57 WALLACE J P 0.2200 ACRES VARIANCE REQUEST: increase the maximum setback from 30 feet to 40 feet 10 inches SUMMARY: erect Single-Family home and ADU ZONING LAND USES ISSUES: Tree CRZ Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-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 Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM6/1 November 29, 2022 Drew Padgett 1511 Shore Rd Middle River, MD 21220 Re: C15-2022-0088 Dear Drew, Property Description: ABS 789 SUR 57 WALLACE J P 0.2200 ACRES Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from the North Hyde Park NCCD Ord. #20050818-064, PART 7(2)(b) at 705 E 50th St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM6/2 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone(cid:29) 512(cid:17)(cid:28)(cid:26)(cid:27)(cid:17)4000 6310 Wilhelmina Delco Dr(cid:15) (cid:36)(cid:88)(cid:86)tin(cid:15) (cid:55)e(cid:91)a(cid:86) (cid:26)(cid:27)(cid:26)52 Board of Adjustment General/Parking Variance Application 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 …
705 E 50th Street Variance Request 12/12/2022 ITEM06/1--PRESENTATION 705 E 50th Street - Understanding the 2 items in conflict The address was submitted for review, and during the expedited review meeting we discovered a somewhat unique overlapping of requirements preventing common footprint homes to be developed here. ● ● ● ● Item #1 - Setbacks The Maximum Front Yard setback is 30’ (NCCD) The existing home’s setback Is approximately 34’-6” Item #2 - Tree CRZ Tree #62 is a 25.5” Heritage Pecan tree that has >50% of Its CRZ(s) on the buildable Portion of the lot There is only a 14’ wide area to Place a home within the first 15’ of buildable depth. ● We understand CoA does NOT want to lose this tree (And neither do we!) ITEM06/2--PRESENTATION 705 E 50th Street The Hardship: ● The space between the 25’ & 30’ range, between Tree CRZ and the property line leaves us with ~14’ of frontage to work with. Further elaboration on next slide Our current solution: ● Exceeds the NCCD Max by 10’, but only adds 6’ to what our existing established setback is. ● Places us as close to the street as possible while respecting our (growing) Heritage Pecan ½ CRZ ITEM06/3--PRESENTATION REMAINDER OF HOME SF GARAGE/ CARPORT Y R T N E 705 E 50th Street - The Hardship The Hardship: ● ● The space between the 25’ & 30’ range, between Tree CRZ and the property line leaves us with 14’ of frontage to work with. If The home were to have a reasonable garage or carport (9-10’ wide) seen in Gray: ○ The remaining frontage (4’-5’) would likely be entry/hallway and would be roughly 10’-15’ Long until the ½ CRZ was cleared to provide proper width for the rest of the home’s SF. Seen in Light Blue ● A home with the described above massing is not congruent with the neighborhood’s character and assigns a disproportionate amount SF to circulation/entry. ITEM06/4--PRESENTATION Some Additional Context ITEM06/5--PRESENTATION 705 E 50th Street - Current Context The Current property violates the Maximum setback, we’d like to think it was to make room for the tree at the time, but the tree has since grown a little ● 705 East 50th ○ 34.5’ Setback (Roughly) ITEM06/6--PRESENTATION 705 E 50th Street - Some Context There are 2 Properties to the East of 705 E 50th, this example is only …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0089 BOA DATE: December 12th, 2022 ADDRESS: 1202 W 9th St, 900 Blanco St COUNCIL DISTRICT: 9 & 901 Shelley Ave OWNER: Mark Pearson AGENT: Hugh Randolph ZONING: MF-4-NP (Old West Austin NP) LEGAL DESCRIPTION: 60% OF 50X190 FT OLT 4 DIVISION Z VARIANCE REQUEST: decrease the interior side setback from 15 feet (required) to 5 foot base zoning setback (requested) and the rear setback from 15 feet (required) to 10 foot base zoning setback (requested) SUMMARY: relocate/remodel and addition of a historical two-story garage ISSUES: only property in the Castle Hill Historic District that faces 3 public streets with three contributing historic structures that are protected from demolition. ZONING MF-4-NP SF-3-NP SF-3-HD-NP; MF-4-NP Site North South East MF-4-NP; SF-3-NP West MF-4-NP LAND USES Multi-Family Single-Family Single-Family; Multi-Family Multi-Family; Single-Family Multi-Family 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 ITEM7/1 November 29, 2022 Tyler Rush 1009 W 6th St, Suite #201 Austin TX, 78703 Re: C15-2022-0089 Dear Tyler, Property Description: 60% OF 50X190 FT OLT 4 DIVISION Z 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 25-2-1062 at 900 Blanco St, 1209 W 9th St, 901 Shelley 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 ITEM7/2 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone: 512.978.4000 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. This …
BLANCO ST. I G N N O Z E S A B ' 5 2 K C A B T E S K C A B T E S G N N O Z E S A B I ' 5 K C A B T E S Y T I L I B T A P M O C I ' 5 1 K C A B T E S G N N O Z E S A B I ' 5 1 10' - 10" 10' - 11" " 4 / 3 8 - ' 8 15' COMPATIBILITY SETBACK 10' BASE ZONING SETBACK SHELLEY ST. . T S H T 9 ) n o i s s i m m o c c i r o t s i h y b d e t c e j e r ( L A S O P O R P S U O I V E R P s e r u t c u r t s g n i t s i x e n o i t i d d a d e s o p o r p ITEM7/52 BLANCO ST. I G N N O Z E S A B ' 5 2 K C A B T E S K C A B T E S G N N O Z E S A B I ' 5 K C A B T E S Y T I L I B T A P M O C I ' 5 1 K C A B T E S G N N O Z E S A B I ' 5 1 15' COMPATIBILITY SETBACK 10' BASE ZONING SETBACK SHELLEY ST. . T S H T 9 n o i t a c o l e g a r a g g n i t s i x e s s e e r r u u t t c c u u r r t t s s g g n n i i t t s s i i x x e e n o i t i d d a d e s o p o r p L A S O P O R P D E S I V E R ITEM7/53 BLANCO ST. I G N N O Z E S A B ' 5 2 K C …
EXISTING ROOF PITCH TO REMAIN V .I. F . " / 1 '- 0 6 " V.I.F. 6" / 1'-0" PARAPET BEYOND NEW OPERABLE SUN CONTROL PANELS EXISTING ROOF TO REMAIN 2 3/8" / 1'-0" NEW GLAZING 1 0 3/4 " / 1'- 0 " EXISTING WINDOWS TO REMAIN NEW GLAZING UNIT A -LEVEL 2 540' - 5 1/2" " 0 - ' 0 3 EXISTING WOOD SIDING TO REMAIN, REPAINTED NEW WINDOWS NEW SCREENED PORCH NEW GLAZING EXISTING WINDOW TO REMAIN EXISTING DOOR TO REMAIN EXISTING WINDOWS TO REMAIN EXISTING COLUMNS TO REMAIN V .I.F. 1 0" / 1'-0" EXISTING WOOD SIDING TO REMAIN, REPAINTED 1 0 V.I.F. " / 1'- 0 " EXISTING PRESSED METAL ROOF TO REMAIN, REHAB AND REPAIR AS NEEDED . F . I . V " 0 - ' 1 / " 0 1 " 0 - ' 1 / " 0 1 . F . I . V EXISTING ROOF TO REMAIN NEW MASONRY LANDSCAPE WALL NEW MASONRY LANDSCAPE WALL NEW GATE " 0 - ' 4 EXISTING BRICK TO REMAIN EXISTING STAIR TO REMAIN EXISTING RAILING TO REMAIN, REHAB AND RESTORE AS NEEDED EXISTING WINDOWS TO REMAIN EXISTING BRICK TO REMAIN EXISTING METAL ROOF TO REMAIN " 0 - ' 1 / " 0 1 . F . I . V V .I.F. 1 0" / 1'-0" 1 0 V.I.F. " / 1'- 0 " 1 0 3/4" / 1'-0" " 0 - ' 1 / " 0 1 . F . I . V EXISTING PRESSED METAL ROOF TO REMAIN, REHAB AND REPAIR AS NEEDED NEW GLAZING NEW METAL ROOF 1 1 ' - 0 " / 2 3 / 8 " NEW METAL ROOF " 0 - ' 1 / / " 4 3 1 - ' 2 " 0 - ' 1 / " 2 / 1 8 - ' 0 1 EXISTING CHIMNEY TO REMAIN EXISTING WINDOWS TO REMAIN EXISTING WINDOWS TO REMAIN EXISTING BRICK TO REMAIN EXISTING WOOD SIDING TO REMAIN, REPAINTED EXISTING WINDOWS TO REMAIN NEW WINDOW EXISTING WOOD SIDING TO REMAIN, REPAINTED AC EXISTING WOOD SIDING TO REMAIN, REPAINTED UNIT A -LEVEL 2 540' - 5 1/2" UNIT A - TOP 1 539' - 5 1/2" " 0 - ' 0 3 NEW SIDING NEW DOOR ELEVATION NOTES 1. GRADE LINES SHOWN ON ELEVATIONS ARE REPRESENTATIONAL ONLY. BUILDER TO VERIFY FINISH GRADE IN FIELD. COMPATABILITY …
The Property at 9th + Shelley has several unique physical conditions making development on the site difficult: - There are three contributing historic structures that are protected from demolition, and under the requirements of the Castle Hill Historic District design standards. - Narrow North / South dimension of the site, resulting in limited allowable footprint. - This is the only property in the Castle Hill Historic District that is surrounded by three public streets further limiting where development is allowed. The combination of these constraints creates a hardship that is unique to the site, and is not present on other properties within the Castle Hill Historic District. 1202 W. 9th St ITEM07/1-PRESENTATION SITE site context ITEM07/2-PRESENTATION C SITE CASTLE HILL HISTORIC DISTRICT site context ITEM07/3-PRESENTATION CASTLE HILL HISTORIC DISTRICT SITE site context - enlarged ITEM07/4-PRESENTATION " 4 / 3 4 - ' 2 " 3 - ' 0 2 " 0 - ' 5 1 " 8 - ' 9 1 " 0 - ' 5 " 4 / 3 7 - ' 9 2 K C A B T E S G N N O Z E S A B I ' 0 1 K C A B T E S Y T I L I B T A P M O C I ' 5 1 " 0 - ' 5 1 " 0 - ' 5 1 " 2 / 1 7 - ' 9 4 . T S Y E L L E H S 29' - 4 3/4" EXISTING 2-STORY GARAGE 15' BASE ZONING SETBACK 5' BASE ZONING SETBACK 15' COMPATIBILITY SETBACK EXISTING 2-STORY HOUSE 25' BASE ZONING SETBACK EXISTING 1-STORY HOUSE (NOT IN SCOPE) . T S O C N A L B EXISTING CONDITIONS existing structures 9TH ST. ITEM07/5-PRESENTATION Q E Q E Q E 8' - 6" 8' - 6" " 0 - ' 7 1 " 0 - ' 7 1 15' BASE ZONING SETBACK . T S Y E L L E H S K C A B T E S G N N O Z E S A B I ' 0 1 K C A B T E S Y T I L I B T A P M O C I ' 5 1 5' BASE ZONING SETBACK 15' COMPATIBILITY SETBACK 8' - 6" 8' - 6" " 0 - ' 7 1 " 0 - ' …
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 ITEM8/1 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 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 …
ITEM8/34 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: ITEM8/35 (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 ITEM8/36 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 …
ITEM8/76 ITEM8/77 ITEM8/78 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 ITEM8/79 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
ITEM8/115 ITEM8/116 ITEM8/117 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. ITEM8/118 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 - …
ITEM8/155 ITEM8/156 ITEM8/157 ITEM8/158 ITEM8/159 ITEM8/160 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 ITEM8/161 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 ITEM8/162 ITEM8/163 ITEM8/164 ITEM8/165 ITEM8/166 ITEM8/167 ITEM8/168 ITEM8/169 ITEM8/170 ITEM8/171 ITEM8/172 ITEM8/173 ITEM8/174 ITEM8/175 ITEM8/176 ITEM8/177 ITEM8/178 ITEM8/179 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 Reconsideration Request 1401 E 3rd St C15-2022-0061 The Board of Adjustment December 12, 2022 Item __ Cort Chalfant (Nexus Series B, LLC, Owner) ITEM08/1--PRESENTATION Overview Seeking a reconsideration of the specific language in the motion that led to the 9-0 unanimous approval of our side yard variance request at the BOA meeting of 11/14/22. ITEM08/2--PRESENTATION You may recall… This is what we propose to demolish/replace. ITEM08/3--PRESENTATION …this is what we propose to replace it with. • Unit A: 2/2.5 • Unit B: Total: 1/1 1,650 sf 650 sf 2,300 / 4,967 sf site 2 cars parking on-site 1 car parking on-site 46.3% FAR ITEM08/4--PRESENTATION The Motion Motion by Board member Von Ohlen was to approve, which carried unanimously. However: • He asked if we would stipulate to build as presented (subject to minor alterations). I agreed. No problem. • He asked if we would stick to the 40% FAR “as provided by the Code”. I said “this is a question best answered by the architect”. The architect was an approved speaker and responded on the phone but couldn’t be heard. • Since attendees heard nothing and we didn’t know to clarify the Code, we all moved on and the motion carried. ITEM08/5--PRESENTATION The Code Subchapter F, Article 2.1 reads “MAXIMUM DEVELOPMENT PERMITTED: The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area…”. In the vast majority of cases, a developer has a lot with sufficient area such that the 40% FAR value governs. I believe Board Member Von Olen defaulted to this value in his motion rather than consciously supersede what the Code otherwise permits. In small lot cases, the 2,300 sq. ft. cap supersedes the 40% FAR value. In our case, the lot is only 4,967 sq. ft. in size. 40% of this value = 1,987 sq. ft. but under the Code we are permitted by right to build 2,300 sq. ft. ITEM08/6--PRESENTATION The Problem (Hardship Unique to the Property) The first stipulation in the approved motion requires that we build as presented (2,300 sq. ft.) The second stipulation [inadvertently?] imposes a 40% FAR cap (1,987 sq. ft.) We can’t meet both stipulations at the same time. One or the other has to give. ITEM08/7--PRESENTATION Proposed: Make a new motion identical to the …
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, …
11/16/22, 11:11 AM Gmail - Support Letter Ryan McElroy Wed, Nov 2, 2022 at 12:57 AM Support Letter 5 messages To: " 11/02/2022 To Whom It May Concern: My family and I own and occupy 5214 Evans Avenue, which is directly next door to 5212 Evans. We've lived here for decades. Ryan McElroy, the owner of 5212 and our longtime neighboring property owner, is seeking a variance to disaggregate his lot into 2 lots, as was originally platted in our neighborhood. He shared his plans with us and we are fully in support of his variance request. We believe that building 2 side-by-side dwellings will allow for a better neighborhood feel and increased walkability, as well as occupying less parking spaces on Evans, since the parking for his proposed project will be along the alley versus the street. Thanks, Alex and the Mondragon Family 512-536-028 This is perfect. Thanks so much Alex! > Ryan McElroy The very best, Ryan [Quoted text hidden] Ryan McElroy To: Alex Finnell https://mail.google.com/mail/u/0/?ik=8019dc46a3&view=pt&search=all&permthid=thread-f%3A1748362723711540254&simpl=msg-f%3A1748362723711540254… 1/2 , Dan Fields Wed, Nov 2, 2022 at 8:14 AM ITEM4/1-LATE BACKUP/SUPPORT North Loop Neighborhood Association Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: North Loop Support for Applicant Variance Request at 5212 Evans To the Members of the Board of Adjustments this evening, the 11th of November, 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 support in favor of the disaggregation of two platted lots that were originally combined to form the property 5212 Evans Street, allowing for the construction of (2) single family homes on the resulting small lots. We have been engaged extensively with both the owner, Ryan McElroy and his architects, RAVEL ARCHITECTURE over the last several months and have met many times with both parties. Our neighborhood is unique in how it was platted where most of our 50’ wide lots were aggregated from originally platted 25’ lots. The ability to disaggregate these properties would provide a new housing type in the neighborhood unlocking a more affordable lot size while maintaining a housing typology that will be attractive to families. We have long supported ADU’s in our neighborhood, and many neighbors have made use of that currently permitted format. The …
From: To: Subject: Date: Seth Johnson Ramirez, Elaine case number C15-2022-0088 Friday, December 09, 2022 10:09:36 AM You don't often get email from seth@kristinandseth.org. Learn why this is important *** External Email - Exercise Caution *** Case number: C15-2022-0088 Public hearing date: 12/12/22 Contact person: Elaine Ramirez My name: Seth Johnson My address: 4908 Duval Street II, Austin, TX 78751 My phone number: 512-789-0009 Comments: I oppose granting a variance to the setback ordinance for this property. 50th street is a very congested street with street parking making morning delivery of students at nearby Ridgetop Elementary school a treacherous proposition. I am concerned that increasing the density of development on 705 East 50th street will further exacerbate an already difficult situation. Adding an ADU will introduce additional vehicles to this area and reduce available on- property parking.The setback for this neighborhood has been effectively applied to the surrounding properties and no rationale has been submitted by the applicant as to why this developer should be treated to an exception to an ordinance the neighborhood has agreed upon and instituted. The applicant is not a resident of our neighborhood and is applying for this variance not to benefit our community but only because it will enable a more lucrative redevelopment in a property flip. Our family walks or bikes down 50th street twice a day to drop our oldest child off and pick him up at Ridgetop. As we also have a three-year-old who will soon attend Ridgetop, we are expecting to continue this daily ritual for the next eight years. I ask that you reject this applicant's variance request to prevent the increase of street parking that will further endanger my children during our daily commute. Thank you for considering the concerns of resident families as a counter-balance to the profit-driven interests of developers attempting to skirt the ordinances that protect our quality of life in Austin. 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. ITEM6/1-LATE BACKUP/OPPOSITION
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 November 15, 2022 RE: Case No. C15-2022-0089 Dear Ms. Cohen and BOA Members: The Old West Austin Neighborhood Association (OWANA) supports the variance from the rear and side compatibility setback requirements requested for the proposed renovation/addition located at the corner of 1202 W. 9th St. & 901 Shelley Ave. With feedback from the Architectural Review Committee (ARC), the architect Hugh Randolph and his team worked out an approved design that was passed on consent at the Historic Landmark Commission (HLC). At the last ARC review one of the Commissioners commented that the revised design was well-thought-out and an intriguing solution to the existing site constraints. The HLC approval did come with the condition that notes are added to the plans that the carriage house is moved under structural engineer supervision, via lifting and rotating the structure, noted that if there is significant deterioration found resulting in the need for deviance from the approved plans, that the case return to the Historic Landmark Commission for approval. We support these conditions as well. deconstruction and rebuild. And, the HLC also not th The site is on a lot that fronts three streets (Shelley Ave, 9 project would be located within the zoning setback perimeter, and the variance would allow for the preservation of an older structure that is being incorporated into a new design on the site. The variance responds to conditions unique to this site, and would not set a precedent. For these reasons, OWANA Zoning and Steering Committees have voted to support the requested variance from the rear and side yard setback requirements. Please note that the current location of the carriage house does not comply with the rear setback. St, and Blanco). Also, the In addition, the most affected neighbors on Shelley Ave to the north and west also are in support of the requested variance. Thank you, and please contact me if you have any questions. Sincerely, Adrienne Goldsberry Chair, OWANA Steering Committee ITEM7/1-LATE BACKUP/SUPPORT M Rubin Ramirez, Elaine From: To: Cc: Subject: Date: Fwd: Letters of Support for the addition at 9th and Shelley Wednesday, November 16, 2022 10:56:41 AM You don't often get email from therubinfamily@gmail.com. Learn why this is important *** External Email - Exercise …
