register telephone. To remote participation by TRAINING SESSION OF THE BOARD OF ADJUSTMENT February 22, 2024 1:00 PM-3:30 PM Boards and Commission Room 1101 301 West 2nd Street, Austin Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. No actions or votes will be taken. Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required email for elaine.ramirez@austintexas.gov or call 512-974-2202. CURRENT BOARD MEMEBERS: ___Thomas Ates ___ Jessica Cohen (Chair) ___ Melissa Hawthorne (Vice Chair) ___Brian Poteet ___Marcel Gutierrez-Garza ___Margaret Shahrestani ___Jeffery Bowen CALL TO ORDER TRAINING SESSION Board of Adjustment Deep Dive: Key Topics & Issues 1. ___Janel Venzant ___Michael Von Ohlen ___Yung-ju Kim ___Kelly Blume (Alternate) ___Suzanne Valentine (Alternate) Overview -Brent Lloyd (BOA) remotely, speak to General Background The history of BOAs & their role in zoning Creation of Austin’s BOA What BOAs do: Variances Special Exceptions Appeals Variances: Criteria for Approval & Other Considerations What constitutes a “hardship”? When is a property deprived of “reasonable use”? What does it mean to alter “area character? Variance conditions – what are they for and when are they appropriate? New state legislation affecting BOA variance criteria? Special Exceptions Administrative Appeals What are they, and how are they different from variances? Austin’s use of special exceptions? What’s an appeal, and how is it different than a variance or exception? Considerations unique to appeals. Issues Specific to Residential Review -Alex Creel and Mike Peralta (Residential Review) Subchapter F (Residential Design & Compatibility) Special Exceptions Other issues Environmental & Lake Austin Issues -John Clement (WPD) Lake Austin Regulations Heritage Tree Issues Related topics 4. Boat Docks & Compatibility- Clarissa Davis (LUR) ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days before the meeting date. Please call or email Board Liaison Elaine Ramirez, Development Services, at 512-974-2202 / elaine.ramirez@austintexas.gov or …
Board of Adjustment Deep Dive: Key Topics & Issues Development Services Department February 22, 2024 1 Agenda ● General Background & History of BOA ● Core BOA functions & requirements: Variances Special Exceptions Appeals BOA Process Issues ● Boat Docks ● Environmental & Lake/Shoreline Presentations ● Residential Review 2 …..but first, introductions: BOA Members Thomas Ates Jessica Cohen Melissa Hawthorne Brian Poteet Marcel Gutierrez-Garza Margaret Shahrestani Jeffery Bowen Janel Venzant Michael Von Ohlen Yung-ju Kim Kelly Blume (Alternate) Suzanne Valentine (Alternate) City Staff Keith Mars Brent Lloyd Chris Johnson Elaine Ramirez Diana Ramirez Lyndi Garwood Alex Creel Mike Peralta John Clement Clarissa Davis 3 • • Zoning Boards of Adjustment Included in the 1929 model “state zoning enabling act,” promulgated by U.S. Dept. of Commerce. Intended to provide greater flexibility by authorizing “variation” of zoning regulations and provide administrative oversight. • Unlike municipal planning/zoning commissions, which performs a mix of advisory and decision-making functions, all BOA functions are quasi-judicial. 4 Austin’s Board of Adjustment • Austin’s BOA established by 1931 zoning ordinance: 5 Zoning Variances 6 Zoning Variance Criteria per Land Development Code Findings for Approval Guidelines No Reasonable Use The requirement does not allow for a reasonable use of property. Determined by context. Landowner needn’t prove a “taking” (i.e., loss of all economically viable use), but desire for “highest & best” use is insufficient. Harship Area Character Harship is unique to the property and is not generally characteristic of the area in which the property is located. Typically involves features of the property itself, but overall context of development may also be considered. Development under the variance does not: (a) alter the character of the area adjacent to the property; (b) impair the use of adjacent property; or (c) impair the purposes of the applicable zoning district regulations. Considers how development allowed by variance would impact properties differently than development without a variance, as well as well as development patterns in the surround area and goals of the regulations 7 Variance Standard per State Law Per Chapter 211 of the Local Government Code, a board of adjustment may: “[A]uthorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the …
Residential Review at the City of Austin BOA Training February 22, 2024 Building a Better Austin Together TOPICS • What Residential Plan Review permits • Zoning Review • What can be built? • Red Flags • Expired Permits • Permit Requirements • Special Exemptions • Substandard Lots • Fences as Accessory Uses • Q&A Building a Better Austin Together 2 Residential Overview We permit residential building types that fall under the International Residential Code (IRC) and their accessory structures. b. a. One- and two-family dwelling units no more than (3) stories above grade Townhouses that are no more than (3) stories above grade and don’t have overlapping units Pools c. d. Garages & carports e. New Construction, Additions, Interior Remodels, Garage Conversion, Patio Enclosure, Fences Building a Better Austin Together 3 Zoning Review 1. Zoning a. Common classifications i. ii. iii. iv. v. LA RR DR SF-1, SF-2, SF-3, SF-4A, SF- 5, SF-6 MF b. (+/- 60) neighborhood plans c. (6) NCCD’s d. Conditional Overlays e. Subchapter F f. PUDs g. Driveway & Sidewalk h. Parking i. Use i. ii. iii. iv. Single family Two family Duplex Accessory Uses Building a Better Austin Together 4 What can be built? • Depends on the zoning classification and the existing conditions – Refer to LDC 25-2-492 Building Coverage Impervious Coverage Setbacks Building Height a. b. c. d. e. Minimum Lot Size (length/width) f. Floor to Area Ratio (FAR – Subchapter F) • How to find a property’s • zoning: http://www.austintexas.gov/gis/pro pertyprofile/ Building a Better Austin Together 5 Red Flags Unpermitted work needs to be permitted and is to be included with the proposed scope of work. 1. Converted garage 2. Windows &/or the interior does not match the age of the house 3. No permit found Building a Better Austin Together 6 Expired Permits • • • • If solely a remodel or stand alone trade permit before March 2007, the permits can be voided Can be reactivated if they have not been reactivated in the past If previously received a reactivation, a review of the project will need to be conducted before reactivation Age of permit might qualify for a life safety inspection once reactivated Building a Better Austin Together 7 PERMIT REQUIREMENTS Expired Permits • • Work done w/o permit • Forms • Application • Austin Energy & Austin Water intake forms Total Demo Permit application • Drawings • • …
Environmental Considerations for Austin’s Lakes Presented to: Board of Adjustment February 22, 2024 John Clement, Environmental Conservation Program Manager LAKE AUSTIN - Finding the Balance • Drinking Water • Residential • Commercial • Boating/Marina • Parkland • Fishing • Passive Recreation Environmental Issues Zebra Mussels Bank Erosion Shoreline Erosion Poor Shoreline Habitat Non-Complying Structures Compliance/Work Without Permits Wave Impacts Riparian Zone Functions A robust shoreline vegetative community improves water quality, prevents erosion, and aids in flood control. Trees & deep-rooted plants prevent erosion. Dense shoreline development degrades shoreline health. Poor Riparian Function VS Good Riparian Function Poor Functioning Good Functioning Costs of Degraded Water Quality ▪ Water treatment costs due to suspended sediment ▪ Algae proliferations ▪ Poor fishery ▪ Lowered Austin Lake Index scores in ▪ Habitat ▪ Invertebrates ▪ Vegetation Environmental Review • Site plan & Subdivision compliance with LDC 25-8 Subchapter A • Boat docks/shoreline modifications/shoreline access require site plans • DSD environmental review staff • CWQZ compliance • Erosion controls • Restoration • Cut/Fill • WPD environmental review staff • CEF setbacks • Bulkheads • Dredging • Land capture/fill in the lake • Floodplain modifications & restoration (riparian functioning) § 25-8-261 Critical Water Quality Zone Trams Stairs CWQZ on all Lakes: - 75’ from shoreline (492.8 msl) for single family - 100’ for all other uses (1) A dock, bulkhead or marina, and necessary access and appurtenances, are permitted in a critical water quality zone subject to compliance with Chapter 25-2, Subchapter C, Article 12 (Docks, Bulkheads, and Shoreline Access) Gangways § 25-8-281(C) Critical Environmental Features Canyon Rimrock and 150’ CEF Buffer Canyon Rimrock Wetland Seep Spring 25-8-652 – Restrictions on Development Impacting Lakes Unpermitted fill in Lake (A) The requirements of this section apply to development on or adjacent to Lake Austin, Lady Bird Lake, or Lake Walter E. Long. (B) Except as otherwise provided by this section, placing fill or dredging in a lake is prohibited. (C) A retaining wall, bulkhead, or other erosion protection device may not capture or recapture land from a lake unless doing so is required to restore the shoreline to whichever of the following boundaries would encroach the least into the lake: (1) the shoreline as it existed 10 years prior to the date of application, with documentation as prescribed by the Environmental Criteria Manual; or (2) the lakeside boundary of the subdivided lot line. (D) A bulkhead may …
Site Plan Review for Boat Docks What Site Plan reviews… • Site information - Zoning and use - Plat - Size of the lot • Setbacks - 10’ from adjacent property line - 75’ or 25’ if platted prior to April 22, 1982 or lot less than 200’ deep. - bulkhead, retaining wall, dock, non-mechanized pedestrian access facility, or marina Structure Information • Square footage - A maximum of 1,200 sq. ft. • Dock height – 30 ft. • Extension into the lake – 30 ft. • Navigational safety light at furthest extension • Maximum of 20% of the shoreline in width • Allowed up to 2 motorboats • Must be at least 66% open on all sides. • Allowed 48 sq. ft. of storage space. • Cluster docks allowed 600 sq. ft. for each unit Non-complying Structures • Removal of no more than 50% of walls and • Replacement or repair of structural elements supporting structures including framing. • Damaged or destroyed structures may be restore a non-complying dock to its original footprint within 12 months - Evidence of original foot print - Insurance claim for structure Thank You! Clarissa Davis Clarissa.Davis@austinrtexas.gov (512)974-1423
