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, January 8, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, January 8, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:44 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Brian Poteet, Maggie Shahrestani, Michael Von Ohlen, Janel Venzant Board Members/Commissioners in Attendance Remotely: Thomas Ates, Marcel Gutierrez-Garza, Yung-ji Kim Board Member/Commissioners absent: 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 December 11, 2023. On-Line Link: DRAFT MINUTES December 11, 2023 Vice-Chair Melissa Hawthorne motions to approve the minutes for December 11, 2023, Board member Michael Von Ohlen seconds on 10-0; APPROVED MINUTES FOR December 11, 2023. PUBLIC HEARINGS Discussion and action on the following cases. New Variance cases: C15-2023-0051 Linda Sullivan for Suzanne McFayden-Smith – Lotus Management 3. Trust 4400 Waterford Place On-Line Link: ITEM03 ADV PACKET; PRESENTATION; AE APPROVAL The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations): 25-2-551(C)(2)(a) increase the maximum impervious cover on a slope with a gradient of 25 percent or less from 20 percent (maximum allowed) to 47.4 percent (requested), and 25-2-551(C)(2)(b) increase the maximum impervious cover on a slope with a gradient of 25 percent and not more than 35 percent from 10 percent (maximum allowed) to 17.8 percent (requested), in order to remodel an uncovered wood deck in a “LA” and “DR”, Lake Austin and Development Reserve zoning district. Note: 25-2-551 Lake Austin (LA) District Regulations (C) This subsection specifies lot width and impervious cover restrictions in a Lake Austin (LA) district. (2) For a lot included in a subdivision plat recorded after April 22, 1982, impervious cover may not exceed: (a) 20 percent, on a slope with a gradient of 25 percent or less; (b) 10 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (c) if impervious cover is transferred under Subsection (D), 30 percent. For the above address the Subdivision …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0004 BOA DATE: Monday, March 11th, 2024 COUNCIL DISTRICT: 8 AGENT: Dax Castro ADDRESS: 3200 Stratford Hills Ln OWNER: Paige Mycoskie ZONING: PUD LEGAL DESCRIPTION: LOT 8 BLK B STRATFORD HILLS SEC II VARIANCE REQUEST: increase the height permitted from six (6) feet to twelve (12) feet. SUMMARY: erect a 12 ft fence ISSUES: lower elevation LAND USES ZONING PUD PUD Site North South Westlake Hills Full Purpose East Westlake Hills Full Purpose West PUD Residential Residential Residential NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council City of Rollingwood Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin Save Barton Creek Association Save our Springs Alliance TNR BCP – Travis County Natural Resources ITEM02/1 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ 13261995 C15-2024-0004 0113110508 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ I/We ________________________________________________ on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month , Day , Year , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ Type of Structure: ______________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 4 of 8 ITEM02/2 Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting …
March 5, 2024 Leah Peraldo 507 W North Loop Blvd Austin, TX 78751 Re: C15-2024-0004 Property Description: LOT 8 BLK B STRATFORD HILLS SEC II Dear Leah, 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 25-2-899 (Fences as Accessory Uses) (F) (1) at 3200 Stratford Hills Ln. 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 III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0007 BOA DATE: Monday, March 11th, 2024 ADDRESS: 1503 Robert Weaver Ave OWNER: Joel Beder & Joe Yu COUNCIL DISTRICT: 3 AGENT: Hector Avila ZONING: SF-3-NP (East Cesar Chavez) LEGAL DESCRIPTION: LOT C BLK 2 OLT 69 DIV O AUSTIN OAKS SIXTY EIGHT VARIANCE REQUEST: decrease the minimum front yard setback from 25 feet to 14 feet. SUMMARY: erect an attached garage ISSUES: abnormal street configuration and turn around for emergency vehicles affects the lot ZONING LAND USES SF-3-NP Site North CS-MU-V-CO-NP SF-3-NP South SF-3-NP East SF-3-NP West Single-Family Commercial - Mixed-Use Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Del Valle Community Coalition Non-Profit East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friendly Fiends of Haskell Street Friends of Austin Neighborhoods Guadalupe Neighborhood Development Corporation Homeless Neighborhood Development Neighborhood Empowerment Foundation Preservation Austin Tejano Town ITEM03/1 C15-2024-0007 13262464 0200050104 SF-3-NP Council District: 3 ITEM03/2 ITEM03/3 ITEM03/4 ITEM03/5 PROP. GARAGE ADDITION FOR JOE BEDER 1503 ROBERT WEAVER AVE AUSTIN, TX. 78702 ” C1 1 ITEM03/6 PROP. GARAGE ADDITION FOR JOE BEDER 1503 ROBERT WEAVER AVE AUSTIN, TX. 78702 updated Site Plan ” C1 1 ITEM03/7 ITEM03/8 ITEM03/9 ITEM03/10 ITEM03/11 ITEM03/12 ITEM03/13 ITEM03/14 ITEM03/15 ITEM03/16 ITEM03/17 ITEM03/18 ITEM03/19 ITEM03/20 ITEM03/21 ITEM03/22
March 5, 2024 Hector Avila 109 S Center St Austin TX, 78704 Re: C15-2024-0007 Property Description: LOT C BLK 2 OLT 69 DIV O AUSTIN OAKS SIXTY EIGHT Dear Hector, 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 1503 Robert Weaver 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 III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0009 BOA DATE: Monday, March 11th, 2024 COUNCIL DISTRICT: 10 ADDRESS: 3706 Meadowbank Dr OWNER: Stephanie & David Goodman AGENT: Victoria Haase ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: LOT 7 BLK D BROWN HERMAN ADDN NO 2 SEC 4 VARIANCE REQUEST: requesting parking structure be closer to front lot line than building façade. SUMMARY: erect a two-story garage ISSUES: two heritage trees located in front yard setback with critical root zone ZONING LAND USES SF-3-NP Site North LA South East West SF-3-NP SF-3-NP SF-3-NP Single-Family Lake Austin Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin Save Barton Creek Association TNR BCP – Travis County Natural Resources ITEM04/1 C15-2024-0009 13278842 0121060517 (WANG) Council District: 10 ITEM04/2 Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Hardship 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 5 of 8 ITEM04/3 Area Character 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Parking (additional criteria for parking variances only) Request for a …
March 5, 2024 Victoria Haase P.O. Box 41957 Austin, TX 78704 Re: C15-2024-0009 Property Description: LOT 7 BLK D BROWN HERMAN ADDN NO 2 SEC 4 Dear Victoria, 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 25-2-1604 at 3706 Meadowbank 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 III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
3706 Meadowbank Drive Austin, Texas 78703 Board of Adjustment Case No. C15-2024-0009 City of Austin – Board of Adjustment Public Hearing - March 11, 2024 ITEM04/1-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/2-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/3-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/4-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/5-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/6-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/7-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/8-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/9-PRESENTATION 3706 Meadowbank Dr.- C15-2024-0009 City of Austin – Board of Adjustment – March 11, 2024 ITEM04/10-PRESENTATION
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0010 BOA DATE: Monday, March 11th, 2024 ADDRESS: 5413 Guadalupe St OWNER: Guadalupe Heights LLC COUNCIL DISTRICT: 4 AGENT: Marek Hnizda ZONING: MF-4-CO-NP (North Loop) LEGAL DESCRIPTION: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 VARIANCE REQUEST: Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 30 feet (requested) for a building located 50-ft or less from property in an SF-5 or more restrictive zoning district (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 40 feet (requested) Section 25-2-1064 (Front Setback): (1) (b) & (2) to decrease the front setback from 25 feet (minimum required) to 15 feet (requested) on a tract that adjoins property in an SF-5 or more restrictive zoning district and fronts on the same street and Section 25-2-1067 (Design Regulations): (G) (1) & (2) decrease driveway/parking setback from 25 feet (required) to 0 (zero) feet SUMMARY: erect a Multi-Family building with associated improvements ISSUES: unique shape of lot; existing adjacent buildings have similar setbacks ZONING LAND USES MF-4-CO-NP Site North CS-CO-NP South SF-3-NP East MF-3-NP; SF-3-NP West MF-3-NP; SF-3-NP Multi-Family General Commercial Services Single-Family Mutli-Family; Single-Family Mutli-Family; Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council 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 ITEM05/1 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information …
March 5, 2024 Laxman Patil Guadalupe Heights, LLC 119 E 6th St #705 Austin, Tx 78701 Re: C15-2024-0010 Property Description: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 Dear Laxman, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Sections 25-2-1063, 25-2- 1064, and 25-2-1067 at 5413 Guadalupe 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. Namely, any new permanent elevated structures (buildings, overhang, retaining walls, etc.) proposed on this property must meet 15’ radial clearance from any existing overhead electric facilities. 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 III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
PROPERTY LINE SIDE SETBACK " 0 - ' 5 1 25'-0" 25'-0" BUILDABLE AREA A= 13,803 sq ft K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P E N I L Y T R E P O R P K C A B T E S T N O R F G N N O Z E S A B I K C A B T E S T N O R F Y T I L I B T A P M O C I 15'-0" PROPERTY LINE SIDE SETBACK 25'-0" K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P 2 5'- 0 " 1 5'- 0 " BUILDABLE AREA A= 10,354 sq ft COMPATIBILITY REAR SETBACK 2 5'- 0 " PROPERTY LINE K C A B T E S R A E R Y T I L I B T A P M O C I E N I L Y T R E P O R P HARDSHIP: BUILDABLE AREA DEFICIENCY: ≈ 3,449 sqft. K C A B T E T S N O R E P O R P E K C A B RTY LIN T E T S N O R G F NIN O E Z S A B ATIBILITY F P M O C T E E R T S E P U L A D A U G 3 1 4 5 1 5 7 8 7 s a x e T , n i t s u A P L D G 1220 Lavaca Street Wednesday, October 5, 2022 SIDE SETBACK PROPERTY LINE " 0 - ' 5 1 SIDE SETBACK 25'-0" PROPERTY LINE " 0 - ' 5 1 PROPERTY AREA = 27,873 SF PROPERTY AREA = 27,873 SF TYPICAL MF-4 PROPERTY SCALE: 1/32" = 1'-0" 1 5413 GUADALUPE ST SCALE: 1/32" = 1'-0" 2 N A01 BOARD OF ADJUSTMENTS: COMPATIBILITY DIAGRAMS Friday, February 9, 2024BOARD OF ADJUSTMENTS:COMPATIBILITY DIAGRAMSITEM05/1-PRESENTATION 1 0'- 6 " LOT 22 SF-3 ZONING LOT 23 BLOCK 1 LOT 24 BLOCK 1 55TH STREET 9'-11" " 0 - ' 6 2 " …
BOA Monthly Report July 2023-June 2024 1 4 0 3 January 8, 2024 Granted 1. 25-2-551(C)(2)(a) increase the maximum impervious cover on a slope and 25-2-551(C)(2)(b) increase the maximum impervious cover on a slope 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback 3. 25-2-1063(C)(1)(a) from height limitations to increase the height limit; 25-2-1063(C)(2)(a) from height limitations to increase the height limit and 25-2-1063(C)(3) from height limitations to increase the height limit Postponed 1. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (5) (a) to increase the footprint of a boat dock Withdrawn 0 Denied Discussion Items Jan8 Interpretations Jan8 Special Exceptions cases Jan8 BAAP Special Exceptions cases Jan8 BAAP cases The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: NONE; 2 vacant positions (D2 and Alternate) December 11, 2023 Granted 1. 25-2-492 (Site Development Regulations) from: a) setback requirements to decrease the minimum front yard setback and b) impervious coverage requirements to increase I.C. 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 3. 25-2-492 (Site Development Regulations) from a) setback requirements to decrease the minimum front yard setback and b) Section 25-2-1604 (Garage Placement) (C) (1) parking structure 4. 25-2-492 (Site Development Regulations) from two setback requirements: to decrease the front yard setback and to decrease the minimum interior side yards setbacks (BAAP Special Exception) (Added Jan8# 2024) 0 0 0 0 23 8 0 0 33 4 1 0 5 29 0 20 7 0 (Added Dec11# 2023) 0 0 1 (Appvd Dec11) 0 Postponed 1. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (5) (a) to increase the footprint of a boat dock Withdrawn 0 Denied Discussion Items Dec 11 Interpretations Dec 11 Special Exceptions cases Dec 11 BAAP Special Exceptions cases Dec 11 BAAP cases The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: NONE; 2 vacant positions (D2 and Alternate) November 13, 2023 Granted 1. 25-2-814 (Service Station Use) (3) to increase the maximum number of vehicle queue lanes 2. 25-2-492 (Site Development Regulations) to decrease the minimum lot width Postponed 1. 25-2-492 (Site Development Regulations) from two setback requirements, to decrease the front yard setback and to decrease the minimum interior side yards setbacks (BAAP Special Exception) Withdrawn 0 Denied Discussion …
REGULAR MEETING of the BOARD OF ADJUSTMENT March 11, 2024, 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 ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair)) ___Brian Poteet ___Marcel Gutierrez-Garza ___Margaret Shahrestani The Board of Adjustment may go into closed session to receive advice from legal counsel regarding any item on this agenda (Private consultation with legal counsel – Section 551.071 of the Texas Government Code). ___Jeffery Bowen ___Janel Venzant ___Michael Von Ohlen ___Yung-ju Kim ___Kelly Blume (Alternate) ___Suzanne Valentine (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 January 8, 2024. On-Line Link: DRAFT MINUTES January 8, 2024 Discussion and action on the following cases. PUBLIC HEARINGS New Variance cases: 2. C15-2024-0004 Leah Peraldo for Paige Mycoskie 3200 Stratford Hills Lane 3. 4. On-Line Link: ITEM02 ADV PACKET; AE REPORT; NO PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) (F) (1) to increase the height permitted from six (6) feet (required) to twelve (12) feet (requested), in order to erect a fence on west property line in an “PUD”, Planned Unit Development zoning district. Note: The Land Development Code 25-2-899 Fences as Accessory Uses (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is …
From: To: Subject: Date: Attachments: Ramirez, Elaine Re: Variance for 1503 Rover Weaver Ave Monday, March 4, 2024 1:23:07 PM image.png You don't often get email from mrschofieldesq@gmail.com. Learn why this is important External Email - Exercise Caution Ms. Ramirez, Sorry to write again, but I just noticed that in the City's permit portal the owners put in their variance application that the variance is related to the driveway being an emergency vehicle turnaround. This is not true AT ALL. Like I said in the previous email, this was previously a sidewalk and was converted to a driveway by the previous owner. This is not a fire lane or emergency vehicle turnaround and never has been. In the 12 years we've lived in our home, there have been ambulances, 2 fire trucks, street sweepers and weekly garbage trucks that pull into our cul-de-sac and use the street space to loop around and leave. Emergency access or egress has never been an issue and it's troubling that the owners of 1503 or framing this as an emergency hardship for them. We were not planning to fight this variance at all, but it's troubling to see them making these untrue arguments in their request. It's also troubling to see the application says that this variance will "add to the character of the neighborhood". It's pretty self-serving to say that our neighborhood (which has had a great character for many years) will have a better character if they can build a garage within the setback. Thank you again for your consideration. Carmen and Mike Schofield 1502 Robert Weaver Ave On Mon, Mar 4, 2024 at 1:02 PM Mike Schofield wrote: Hi Ms. Ramirez, We are neighbors of the 1503 property and live at 1502 Robert Weaver Ave. My wife and I wanted to make sure that you have the attached letter that we provided to the owners of 1503 (Joel and Joe) asking for a variance for their setback. We asked them to submit this letter with their application to make it clear that our signature of support was tentative and that we would want more information about the plans. Hopefully they already submitted this with their variance request. For context about our concern and what we said in our letter, please note that the area in front of 1503 is not typical street ROW, it is parkland dedicated when LBJ donated this …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday March 11, 2024 CASE NUMBER: C15-2024-0004 ___Y___Thomas Ates (D1) ___-___VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___Y___Jeffery Bowen (D6) ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-___Kelly Blume (Alternate) (M) ___-___Suzanne Valentine (Alternate) (M) ___-___VACANT (Alternate) (M) APPLICANT: Leah Peraldo OWNER: Paige Mycoskie ADDRESS: 3200 STRATFORD HILLS LN VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) (F) (1) to increase the height permitted from six (6) feet (required) to twelve (12) feet (requested), in order to erect a fence on west property line in an “PUD”, Planned Unit Development zoning district. Note: The Land Development Code 25-2-899 Fences as Accessory Uses (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to deny; Board member Jeffery Bowen second no vote was taken; a substitute motion by Chair Jessica Cohen to Approve, Chair Jessica Cohen withdraws her substitute motion; original motion to Deny by Vice Chair Melissa Hawthorne, Board member Jeffery Bowen second on 10-0 votes; DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday March 11, 2024 CASE NUMBER: C15-2024-0007 ___Y___Thomas Ates (D1) ___-___VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___Y___Jeffery Bowen (D6) ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-___Kelly Blume (Alternate) (M) ___-___Suzanne Valentine (Alternate) (M) ___-___VACANT (Alternate) (M) APPLICANT: Hector Avila OWNER: Joel Beder and Joe Yu ADDRESS: 1503 ROBERT WEAVER AVE VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 25 feet (required) to 14 feet (requested) in order to erect an attached garage in a “SF-3-NP”, Single-Family - Neighborhood Plan zoning district (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to April 8, 2024; Board member Jeffery Bowen second on 10-0 votes; POSTPONED TO APRIL 8, 2024. Due to cancelled BOA meeting for April 8, 2024: Postponement case Item03 C15-2024-0007 – 1503 Robert Weaver Avenue, Board member Melissa Hawthorn’s motion to rescind previous action (postpone to April 8, 2024), Chair Jessica Cohen second on 10-0; Board member Melissa Hawthorne’s motion to postpone case C15-2024-0007 to May 13, 2024; Chair Jessica Cohen second on 10-0 vote; POSTPONED TO MAY 13, 2024. 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 Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday March 11, 2024 CASE NUMBER: C15-2024-0009 ___Y___Thomas Ates (D1) ___-___VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___Y___Jeffery Bowen (D6) ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-___Kelly Blume (Alternate) (M) ___-___Suzanne Valentine (Alternate) (M) ___-___VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Stephanie and David Goodman ADDRESS: 3706 MEADOWBANK DR VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-1604 (Garage Placement) (C) (1) parking structure may not be closer to the front lot line than building façade (required) to garage in front of building façade (requested), in order to erect a two-story Garage in a “SF-3-NP”, Single-Family - Neighborhood Plan zoning district (WANG Neighborhood Plan) This section applies to a single-family residential use, a duplex residential use, or a two-family Note: Section 25-2-1604 Garage Placement (A) residential use. In this section: (B) 1) BUILDING FAÇADE means the front-facing exterior wall or walls of the first floor of the principal structure on a lot, and the term excludes the building façade of the portion of the principal structure designed or used as a parking structure. Projections from front-facing exterior walls, including but not limited to eaves, chimneys, porches, stoops, box or bay windows, and other similar features as determined by the building official, are not considered part of the building façade. 2) structure. (C) PARKING STRUCTURE means a garage or carport, either attached or detached from the principal A parking structure with an entrance that faces the front yard abutting public right-of-way: May not be closer to the front lot line than the front-most exterior wall of the first floor of the If the parking structure is less than 20 feet behind the building façade, the width of the parking 1) building façade; and 2) structure may not exceed 50 percent of the width of the building façade, measured parallel to the front lot line, or the line determined by the building official if located on an irregular lot. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve; Chair Jessica Cohen second on 10-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: there is a heritage tree located in …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday March 11, 2024 CASE NUMBER: C15-2024-0010 ___Y___Thomas Ates (D1) ___-___VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___-___Jeffery Bowen (D6) - ABSTAINED ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___-___Brian Poteet (D9) - ABSTAINED ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-___Kelly Blume (Alternate) (M) ___-___Suzanne Valentine (Alternate) (M) ___-___VACANT (Alternate) (M) APPLICANT: Marek Hnizda OWNER: Guadalupe Heights, LLC (Laxman Patil) ADDRESS: 5413 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, • Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 30 feet (requested) for a building located 50-ft or less from property in an SF-5 or more restrictive zoning district • (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 40 feet (requested) • Section 25-2-1064 (Front Setback): (b) & (2) to decrease the front setback from 25 feet (minimum required) to 15 feet (requested) on a tract that adjoins property in an SF-5 or more restrictive zoning district and fronts on the same street and • Section 25-2-1067 (Design Regulations): (G) (1) & (2) decrease driveway/parking setback from 25 feet (required) to 0 (zero) feet in order to erect a Multi-Family building in a “MF-4-CO”, Multi-Family Residence Moderate-High Density-Conditional Overlay zoning district. Note: The Land Development Code Section 25-2-1063 Height Limitations and Setbacks for Large Sites (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. (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (a) in an SF-5 or more restrictive zoning district. Section 25-2-1064 Front Setback A building must have a front building line setback of at least 25 feet from a right-of-way if the tract on which the building is constructed: Adjoins property: (1) In an urban family residence (SF-5) or more restrictive zoning district; or a. On which a use permitted in a SF-5 or more restrictive district is …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, March 11, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, March 11, 2024, 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 in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Marcel Gutierrez-Garza, Brian Poteet, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Thomas Ates, Maggie Shahrestani, Yung-ju Kim, Janel Venzant Board Member/Commissioners absent: 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 January 8, 2024. On-Line Link: DRAFT MINUTES January 8, 2024 The minutes from the meeting of January 8, 2024 were approved on Vice-Chair Melissa Hawthorne’s motion, Board Member Marcel Gutierrez-Garza second on a 6-0 vote (Board members Thomas Ates, Yung-ju Kim, Janel Venzant, Maggie Shahrestani off dais-virtual). PUBLIC HEARINGS Discussion and action on the following cases. New Variance cases: 2. C15-2024-0004 Leah Peraldo for Paige Mycoskie 3200 Stratford Hills Lane On-Line Link: ITEM02 ADV PACKET; AE REPORT; NO PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) (F) (1) to increase the height permitted from six (6) feet (required) to twelve (12) feet (requested), in order to erect a fence on west property line in an “PUD”, Planned Unit Development zoning district. Note: The Land Development Code 25-2-899 Fences as Accessory Uses (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. The public hearing was closed by Madam …
