Board of Adjustment Special Called Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, October 14, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 14, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:35 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Thomas Ates, Jeffery Bowen, Bianca A. Medina-Leal, Yung-ju Kim, Brian Poteet, Maggie Shahrestani, Janel Venzant PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on September 9, 2024. On-Line Link: Draft Minutes for September 9, 2024 The minutes from the meeting September 9, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Board member Michael Von Ohlen second on a 9-1-0 vote (Board member Jeffrey Bowen abstained). PUBLIC HEARINGS Discussion and action on the following cases. Postponement requests to November 14, 2024: Item 3 by applicant, Item 4 by applicant and Item 6 by neighborhood association (OWANA) Board member Michael Von Ohlen’s motion to approve postponement requests for Items 3, 4 and 6 to November 14, 2024; Vice Chair Melissa Hawthorne second on 10-0 votes; Item 6 Owner opposes to the postponement request by OWANA and requests open for discussion; substitute motion, Board member Michael Von Ohlen motion to approve postponement requests for Items 3 and 4 only to November 14, 2024, and Item 6 open for discussion; Vice-Chair Melissa Hawthorne second on 9-1 vote (Chair Jessica Cohen nay). Reconsideration Appeal case: 2. C15-2024-0025 Appellant’s Agent: Nicholl Wade - Appellant: Warren Konkel Owner: Christy May 6708 Bridge Hill Cove Building Permit 2023-129658 BP On-Line Link: ITEM02 ADV PACKET APPEAL1 PART1, PART2, PART3 and APPEAL2 PART 1, PART2, PART3, PART4 PRESENTATION by appellant; PRESENTATION by owner; PRESENTATION by staff Summary of Appeal: Appellant challenges issuance of: and on the grounds that the City of Austin incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. Reconsideration request: Board member Michael Von Ohlen’s motion to deny reconsideration request; Vice Chair Melissa Hawthorne second …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0028 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Haim Joseph Mahlof - Green Bay Remodeling Inc. OWNER: Wendy Jo Peterson ADDRESS: 1406 3rd ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single-Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: September 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to October 14, 2024; Vice Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO OCTOBER 14, 2024. OCTOBER 14, 2024 POSTPONED TO November 14, 2024, BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: ITEM02/1 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Chair ITEM02/2 CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday September 9, 2024 CASE NUMBER: C15-2024-0028 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) OUT ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) RESIGNED ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Haim Joseph Mahlof - Green Bay Remodeling Inc. OWNER: Wendy Jo Peterson ADDRESS: 1406 3rd ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0031 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Austin Area School for Dyslexics, Inc. ADDRESS: 2615 ½ HILLVIEW RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section: 25-2-492 (Site Development Regulations): Height Requirements to increase the height from 35 feet (maximum allowed) to 50 o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested) Setback Requirements to decrease the minimum front yard setback from 25 feet Setback Requirements to decrease the minimum rear yard setback from 10 feet Building Coverage to increase from 40 percent (maximum allowed) to 60% Impervious Coverage to increase from 45 percent (maximum allowed) to 60 ITEM03/1 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width of at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). BOARD’S DECISION: POSTPONED TO November 14, 2024, BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair forITEM03/2 October 25, 2024 Board of Adjustment City of Austin Via Electronic Delivery Re: C15-2024-0031 – 2615-1/2 Hillview Road – Rawson Saunders School Dear Chair and Board Members, On behalf of Austin Area School for Dyslexics, also …
ITEM03/51 ITEM03/52 ITEM03/53 ITEM03/54 From: To: Subject: Date: Ramirez, Elaine Rawson application Monday, October 7, 2024 9:49:39 PM [You don't often get email from jdpaustin@me.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution I am a member of the Hillview Green Lane HOA. I object to the application and its change from the current school use, which actually is a non conforming use under their current zoning. We don’t want more commercial traffic in our neighborhood. The dense commercial zoning in such close proximity to Casis Elementary School would present more traffic problems and dangers to the young children and the drivers on an already congested 2 lane Exposition Boulevard as well as nearby residential streets. My regards, John D. Pieratt John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM03/55 ITEM03/56 ITEM03/57 ITEM03/58 ITEM03/59 ITEM03/60 ITEM03/61 ITEM03/62 ITEM03/63 ITEM03/64 ITEM03/65 ITEM03/66 ITEM03/67 ITEM03/68 ITEM03/69 ITEM03/70 ITEM03/71 ITEM03/72 ITEM03/73 ITEM03/74
BOA SIGN REVIEW COVERSHEET CASE: C16-2024-0002 BOA DATE: Thursday, November 14th, 2024 ADDRESS: 12221 N Mopac Expy SVRD NB COUNCIL DISTRICT: 10 OWNER: Mark Worsham AGENT: Michael J. Whellan ZONING: PUD LEGAL DESCRIPTION: 36.3670 A LOT 1 BLK B CENTRUM SUBD THE RESUB OF BLK B & E VARIANCE REQUEST: Land Development Code, Section 25-10-124 (Scenic Roadway Sign District): (B) to allow more freestanding signs from one (1) (maximum allowed) to eight (8) (requesting) (B) (1) (b) to increase the maximum sign area on a lot from 64 square feet (maximum allowed) to 90 square feet (requesting) (B) (2) to increase sign height from 12 feet (maximum allowed) to 17 feet (requesting) SUMMARY: remodel Free-standing sign for Emergency Services/Hospital Services ISSUES: topography Site North GR; LR PUD South GO-CO East GR; GO-CO; SF-2 West PUD ZONING LAND USES Hospital Services Community Commercial; Neighborhood Commercial General Office Community Commercial; General Office; Single-Family Hospital Services NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Save Our Springs Alliance ITEM04/1 Board of Adjustment Sign 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 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. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ 13413021 C15-2024-0002 0260130901 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ Council District: 7 Sign 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 Sign: __________________________________________________________________ Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0040 BOA DATE: Thursday, November 14th, 2024 ADDRESS: 600 Cumberland Rd, 2610 & 2612 S 1st St OWNER: Chris Affinito COUNCIL DISTRICT: 3 AGENT: Leah M. Bojo ZONING: GR-V-ETOD-DBETOD & GR-ETOD-DBETOD LEGAL DESCRIPTION: LOT 1 LESS E 10FT BLK A OAK RIDGE HEIGHTS SEC 1 VARIANCE REQUEST: (H) Compatibility Requirements (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet (maximum allowed) to 2 feet -4 27/32 inches – 5 feet 6 inches (requesting) (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the from 25 feet (minimum width allowed) to 2 feet -4 27/32 inches – 5 feet -6 inches (requesting). SUMMARY: erect condominium residential building LAND USES Community Commercial-Vertical Mixed-Use- Density Bonus ETOD-Equitable Transit-oriented development Limited Office-Vertical Mixed-use-Equitable Transit-Oriented Development-Density Bonus ETOD Limited Office-Vertical Mixed-Use; Single- Family General Commercial Services-Vertical Mixed- Use-Combined Overlay-Equitable Transit- Oriented Development-Density Bonus ETOD Single-Family ISSUES: shape of lot & narrow lot Site ZONING GR-V-ETOD-DBETOD; GR- ETOD-DBETOD North LO-V-ETOD-DBETOD South LO-V; SF-3 East CS-V-CO-ETOD-DBETOD- NP West SF-3 NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Galindo Area Patriotic Porch Party Galindo Elementary Neighborhood Assn. Homeless Neighborhood Association Perry Grid 614 Preservation Austin Save Our Springs Alliance South Central Coalition ITEM05/1 October 30, 2024 Leah Bojo 600 Cumberland Rd Austin TX, 78704 Re: C15-2024-0040 Dear Leah, Property Description: LOT 1 LESS E 10FT BLK A OAK RIDGE HEIGHTS SEC 1 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- 654(H) at 600 Cumberland Road. 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. Rosemary Avila, Planning Officer Infrastructure Support Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM05/2 ITEM05/3 ITEM05/4 ITEM05/5 ITEM05/6 September 30, 2024 To Whom It …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0041 BOA DATE: Thursday, November 14th, 2024 ADDRESS: 1607 W 10th St OWNER: COUNCIL DISTRICT: 9 AGENT: ZONING: SF-3-H-NP (Old West Austin) LEGAL DESCRIPTION: 0.0670AC OF LOT 21 BLK 1 WESTRIDGE VARIANCE REQUEST: increase impervious cover from 45 percent to 65 percent. SUMMARY: to attach a Single-Family residence ISSUES: small lot, neighboring property encroachment ZONING LAND USES Site North SF-3-H-NP SF-3-NP; CS-MU-CO-NP South East SF-3-NP SF-3-NP; CS-MU-CO-NP West SF-3-NP Single-Family Single-Family; General Commercial Services- Mixed Use Single-Family Single-Family; Single-Family; General Commercial Services-Mixed Use Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Old West Austin Neighborhood Association Old West Austin Neighborhood Plan Contact Team Preservation Austin Save Barton Creek Association Save Our Springs Alliance Shoal Creek Conservancy ITEM06/1 October 30, 2024 Thomas Schiefer 1607 W 10th St Austin TX, 78703 Re: C15-2024-0041 Property Description: 0.0670AC OF LOT 21 BLK 1 WESTRIDGE Dear Thomas, 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 1607 W. 10TH 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. Rosemary Avila, Planning Officer Infrastructure Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM06/2 ITEM06/3 ITEM06/4 ITEM06/5 ITEM06/6 ITEM06/7 ITEM06/8 ITEM06/9 8/8/24, 9:24 AM Gmail - 1607 West 10th Street driveway radius waiver approved. 2024 078046 RA 00 PR William Kane > 1607 West 10th Street driveway radius waiver approved. 2024 078046 RA 00 PR 1 message West, Samuel <Samuel.West@austintexas.gov> To: William Kane Cc: "Nunnelly, Cecil" <Cecil.Nunnelly@austintexas.gov>, "Ramirez, Stephen" <Stephen.Ramirez@austintexas.gov> Cecil, I received an informal request for a Waiver to Standard Detail 433S-1 for the construction of a driveway approach to 1607 West 10th Street to allow consideration of the use To address the existing conditions across the proposed driveway approach location it is suggested the following flare …
BOA Monthly Report July 2024-June 2025 October 14, 2024 Granted 2 1. 25-2-814 (Service Station Use) (3) to increase the queue lanes 2. 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses): a. (B) (7) Impervious Coverage to increase and (E) (4) F.A.R to increase Postponed 2 minimum front yard setback 1. 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the 2. 25-2-492 (Site Development Regulations): a. Height Requirements to increase the height, Setback Requirements to decrease the minimum front yard setback, Setback Requirements to decrease the minimum rear yard setback, Building Coverage to increase and Impervious Coverage to increase and 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width. Withdrawn 0 Denied (Reconsideration) 1 1. Appeal-Appellant challenges issuance of Building Permit 2023-129658 BP and Building Permit 2023- 129659BP on the grounds that the City of Austin incorrectly approved impervious cover (IC) 2 0 new inquiries (Added Oct14# 2024) Discussion Items Oct 2024 Interpretations The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Marcel Gutierrez-Garza (resigned) and 2 vacant positions (alternate) September 9, 2024 Granted 9 5 0 1 15 2 3. 25-2-899 (Fences as Accessory Uses) to increase the height 4. 25-2-551(Lake Austin (LA) District Regulations) (C)(3) from setback requirements to: increase the maximum impervious cover on a slope 3. 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback Postponed 1 Withdrawn 0 Denied 1 2. Appeal-Appellant challenges issuance of Building Permit 2023-129658 BP and Building Permit 2023- 129659BP on the grounds that the City of Austin incorrectly approved impervious cover (IC) 5 7 3 0 2 13 (Added Sept9# 2024) Discussion Items Sept 2024 Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Jeffery Bowen, Bianca A. Medina-Leal, Marcel Gutierrez-Garza (resigned) and 2 vacant positions (alternate) August 12, 2024 Granted Postponed 1. 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet to twelve (12) feet 2. Appeal-Appellant challenges issuance of Building Permit 2023-12958 BP on the grounds that the City 0 2 incorrectly approved impervious cover (IC) 0 4 (Added Aug12# 2024) Withdrawn 0 Denied Discussion Items Aug 2024 Interpretations 1 new inquiries The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Brian Poteet, Marcel-Gutierrez-Garza, Yung-ju …
Architectural vision : Peterson residence Presentation for Austin Board of Adjustment ITEM02/1-PRESENTATION Presentation agenda : Today, I’m excited to take you through our project in detail, we will begin by discussing the project objectives, next, we will dive into the proposed design concept. Finally, we will show how our design thoughtfully aligns with the Bouldin neighborhood. ITEM02/2-PRESENTATION Project overview Currently the house stands at 1626 sqf with a lot size of 2,265 sqf. The existing layout includes two bedrooms , 2.5 bathrooms and a cover carport but lacks a main common area. Our plan is to preserve the original design and layout of the house while embracing the unique challenges it presents. Our goal is to create an outdoor space that accommodates the needs of a growing family, while ensuring that the home’s character and charm remains intact. ITEM02/3-PRESENTATION Project objective ● Making the house suitable for a military family of three that is moving back from abroad , ensuring enough space and comfort for everyone. ● Ensuring enough outdoor space for gathering or entertainment. ● Gaining an extra covered parking. ● Add attractive design elements, combining a classic and modern styles for a beautiful appearance. ITEM02/4-PRESENTATION Deck design Our outdoor deck design concept aims to create a modern and functional space that serves as a space for family and friend gathering, as well as a connection space for greeting neighbors. ITEM02/5-PRESENTATION Deck design ITEM02/6-PRESENTATION Project variant for second story deck: Second story deck with staircase leading to downstairs size of the deck is 350 square- foot in total including stairs. Addition to extend beyond the front 15 foot front building set back. ITEM02/7-PRESENTATION Deck Variant The current residence occupies 1,626 square feet of a 2,265 square-foot lot, leaving minimal space for outdoor gatherings or events. The purpose of this construction project is to accommodate a retiring military family of three relocating from out of country who require additional outdoor space for family activities. Due to the limited lot size, we have explored various options but have not identified any viable alternatives for creating a more functional outdoor area. Our primary goal is to enhance the outdoor space to better support the homeowner's needs for family gatherings and outdoor activities. Having families outside in their yards encourages safety and togetherness of the community. ITEM02/8-PRESENTATION Today we shared our vision for the transformation of the Peterson residence. We are excited about …
2612 S. 1st Street SP-2021-0219C Board of Adjustments November 14, 2024 1 ITEM05/1-PRESENTATION ITEM05/2-PRESENTATION ITEM05/3-PRESENTATION ITEM05/4-PRESENTATION Timeline 1979 - zoning Ordinance No. 790719-B rezoned 600 Cumberland and 2612 S 1st Street from A (Residence, First Height and Area) to GR (General Retail, First Height and Area), via City of Austin case no. C14-78-025. 2008 - zoning Ordinance No. 20080110-097 rezoned 600 Cumberland from GR to GR-V (Community Commercial – Vertical Mixed Use Building), via City of Austin case no. C14-2007- 0238. 2017 – zoning Ordinance No. 20180201-116 rezoned 2610 S. 1st Street from SF-3 (Family Residence – converted from A in 1984) to GR-V (Community Commercial – Vertical Mixed Use Building), via City of Austin case no. C14-2017-0137. 2024 – zoning Ordinance No. 20240516-003 rezoned 600 Cumberland and 2610 S. 1st from GR-V to GR-V-ETOD-DBETOD (Community Commercial – Vertical Mixed Use Building – Equitable Transit Oriented Development – Density Bonus ETOD) and 2612 S 1st Street from GR to GR-ETOD-DBETOD (Community Commercial – Equitable Transit Oriented Development – Density Bonus ETOD). 5 ITEM05/5-PRESENTATION Project Overview • 118 for-rent units: 60% MFI: 23 Units 80% MFI: 36 Units 120% MFI: 48 Units Market: 11 Units • 6,722 SF – Ground Floor Retail & Restaurant • Parking: • 84 spaces provided • 0.7 Parking Ratio • 9 bicycle spaces 6 ITEM05/6-PRESENTATION Request We respectfully request your approval of the request for a variance of the following Equitable Transit Oriented Development (ETOD) compatibility requirements set forth in LDC §25-2-654(H): 1. 2. (3) that requires any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. (3) that requires any structure that is located less than 2’-4 27/32” to 5’-6” (varies) from any part of a triggering property may not exceed 60 feet. (4)(a) that requires a compatibility buffer width of 25 feet from a triggering property. (4)(a) that requires a compatibility buffer width of 2’-4 27/32” to 5’-6” (varies) from a triggering property. 7 ITEM05/7-PRESENTATION
ITEM05/8-PRESENTATION ITEM05/9-PRESENTATION BOA Required Findings 1. The requirement does not allow for a reasonable use of property; Non-standard shape of the site and the narrow southern lot. Buffer removes approximately 31% of the site area from development. 2. The hardship for which the variance is requested is unique to the property and is not generally characteristic of the area in which the property is located; S. 1st Street is a Core Transit Corridor. Neighboring S. 1st properties with adjacent single-family zoning have lot widths greater than 100’ for any future redevelopment. 3. Development under the variance does not: • Alter the character of the area adjacent to the property; S. 1st Commercial & Mixed-Use Corridor with minimal buffers to Single Family Residences • Impair the use of adjacent property that is developed in compliance with the City requirements; o Project designed with screening and adjacent use in mind. • Impair the purposes of the regulations of the zoning district in which the property is located. ETOD – Project enhances transit supportive uses and increases housing options. 1010 ITEM05/10-PRESENTATION ITEM05/11-PRESENTATION ITEM05/12-PRESENTATION ITEM05/13-PRESENTATION ITEM05/14-PRESENTATION ITEM05/15-PRESENTATION ITEM05/16-PRESENTATION
ITEM05/24-PRESENTATION ITEM05/25-PRESENTATION ITEM05/26-PRESENTATION ITEM05/27-PRESENTATION ITEM05/28-PRESENTATION Equitable Transit Oriented Development The purpose of the equitable transit-oriented development (ETOD) combining district is to enhance transit-supportive uses, encourage more intentional and equitable land stewardship with increased bicycle, pedestrian, and transit connectivity, housing options and opportunities, public realm activation, and new economic opportunities near public transit. §25-2-182(A). 29 ITEM05/29-PRESENTATION
ITEM05/30-PRESENTATION ITEM05/31-PRESENTATION Request We respectfully request your approval of the request for a variance of the following Equitable Transit Oriented Development (ETOD) compatibility requirements set forth in LDC §25-2-654(H): 1. 2. (3) that requires any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. (3) that requires any structure that is located less than 2’-4 27/32” to 5’-6” (varies) from any part of a triggering property may not exceed 60 feet. (4)(a) that requires a compatibility buffer width of 25 feet from a triggering property. (4)(a) that requires a compatibility buffer width of 2’-4 27/32” to 5’-6” (varies) from a triggering property. 32 ITEM05/32-PRESENTATION 33 ITEM05/33-PRESENTATION ITEM05/34-PRESENTATION ITEM05/35-PRESENTATION Possible Zoning Approach From: GR-V-ETOD-DBETOD and GR-ETOD-DBETOD To: MF-6 (Multifamily Residence Highest Density) To: DB-90 (Density Bonus 90) - Affordable Units Required - Ground Floor Commercial Required - Site Specific Amendment per § 25-2-1054 - BOA Variance request for 25’ Buffer instead of BOA Variance Request - No Commercial Required - No Affordable Housing Required - Does not meet intent of the zoning district 3636 ITEM05/36-PRESENTATION Property Details Size: • 0.519-acres total Current Use: • Vacant Transit/Access: • Core Transit Corridor – S. 1st Street • CapMetro Bus • Route 10 along S. 1st Street • Route 105 along S. 5th Street • Routes 1, 486, 108 along S. Congress 37 ITEM05/37-PRESENTATION Project Details Unit Count: • 118 Units Commercial Space: • 6,722 SF – Ground Floor Retail & Restaurant Parking: • 84 spaces provided • 0.7 Parking Ratio • 9 bicycle spaces (within S. 1st Right-of-Way) 38 ITEM05/38-PRESENTATION
2003 Arpdale Street BOA Presentation NOVEMBER 2024 ITEM07/1-PRESENTATION Variance Summary § 25-2-492 – Decrease the minimum side setback from 5 ft to 4 ft § 25-2-773 - Decrease the minimum lot size from 5,750 square feet to 5,500 square feet - Decrease the minimum rear setback from 10 ft to 5.5 ft Below is a site plan of the building which has been in its current form since the early 1990’s 2 ITEM07/2-PRESENTATION Unique Circumstances and Characteristics Reliance on TCAD • Owner relied on TCAD when purchasing the home. • TCAD reports the site area as 5,752.90 sf 3 ITEM07/3-PRESENTATION Unique Circumstances and Characteristics Minor Reduction in Lot Size Converted in 1990’s • Most properties in the subdivision were platted in the forties or fifties at 6,000 square feet or more, and so they were unaffected when the minimum lot size of 5750 sf went into effect. It appears, however, that sometime after the house and garage were built, a portion of this lot was sold. The resulting deficiency was not recognized until about 5 years ago. This circumstance is unique within this area. • Not all lots in the area have a structure built in 1949 that was converted to an accessory dwelling in the early 1990’s. Poor Record Keeping and Enforcement • Poor construction record keeping and poor permit enforcement results in the owner inheriting an unpermitted accessory dwelling Setbacks have been in place since 1949 • The structure and foundation have been in place since 1949, so the setback can not change. 4 ITEM07/4-PRESENTATION Support for Approval Neighborhood Support (verified by signatures) • Over 80% of the owners within 300 ft are in support of the variance • No recorded problems or complaints • Neighbors felt like this variance is a non-issue since this request involves an existing structure already being used as an ADU. • They do not feel like this ADU should be subject to regulations intended to limit the amount of new construction and conversions in the area. 5 ITEM07/5-PRESENTATION Support for Approval No History of Issues • No complaints against the house or ADU have been recorded for over 64 years • Verified by open record request Existing Structure Increases Affordable Housing Stock • Site has been in its current configuration for over 30 years • Several other houses in the Rabb Inwood subdivision have ADU’s • Adding this to the housing stock …
SPECIAL CALLED MEETING of the BOARD OF ADJUSTMENT November 14, 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 email for elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to ___ Bianca A Medina-Leal ___ Brian Poteet ___ Margaret Shahrestani ___ Janel Venzant ___ Michael Von Ohlen ___ Suzanne Valentine (Alternate) CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair)) ___Thomas Ates ___Jeffery Bowen ___Marcel Gutierrez-Garza ___Yung-ju Kim 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). 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. Approve the minutes of the Board of Adjustment Regular meeting on October 14, 2024. On-Line Link: Draft Minutes for October 14, 2024 APPROVAL OF MINUTES 1. PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed cases: 2. C15-2024-0028 Peterson 1406 S 3rd Street Haim Joseph Mahlof (Green Bay Remodeling, Inc.) for Wendy Jo 3. On-Line Link: ITEM02 ADV PACKET; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single- Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). C15-2024-0031 Victoria Haase for Austin Area School for Dyslexics, Inc. 2615 ½ Hillview Road 25-2-492 (Site Development Regulations): Height Requirements to increase the height from 35 feet (maximum On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3; The applicant is requesting a variance(s) from the Land Development Code, Section: …
Bouldin Creek Neighborhood Association November 6, 2024 RE: Board of Adjustments Public Hearing - Nov 14, 2024 ITEM02: C15-2024-0028, Project Address: 1406 S 3rd St. (District 9) Variance Request: decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested). The Bouldin Creek Neighborhood Association (BCNA) recommends that the applicant utilize setback averaging to determine if a variance is needed. The BCNA zoning committee met with the applicant on October 14, 2024, to discuss the case and provided our feedback to the applicant. Setback Averaging is described under § Title 25, Chapter 25-2, Subchapter F, Article 2, 2.3 FRONT YARD SETBACK The BCNA has considered the applicant's case and supports the use of setback averaging to accomplish the decrease in the minimum front yard setback requested by the applicant. Sincerely, President Bouldin Creek Neighborhood Association, P.O. Box 3683, Austin, Texas 78764 ITEM02/1-LATE BACKUP
ITEM05/1-LATE BACKUP ITEM05/2-LATE BACKUP ITEM05/3-LATE BACKUP ITEM05/4-LATE BACKUP ITEM05/5-LATE BACKUP ITEM05/6-LATE BACKUP ITEM05/7-LATE BACKUP ITEM05/8-LATE BACKUP ITEM05/9-LATE BACKUP ITEM05/10-LATE BACKUP ITEM05/11-LATE BACKUP ITEM05/12-LATE BACKUP ITEM05/13-LATE BACKUP ITEM05/14-LATE BACKUP 2. Reasonable Use: The applicant then builds on top of their unfounded hardship claim to say that the “unique” property has an “irregular shape” and is “exceptionally narrow,” and thus deprives the owner of “reasonable use”. Please reference the above reasoning on how the property is neither an irregular shape nor is it exceptionally narrow. Again, the owner knowledgably purchased this standard-size Cumberland property alongside the two S 1st properties for his development. This, yet again, is a self-imposed limitation the owner was aware of when purchasing and designing his commercial development. 3. Area Character: In responding to the area character criterion, the applicant does not adequately address how their 118 unit, 87 foot tall multifamily design may actually impact the neighborhood. If the Board grants the variances, the extended height, added volume of units, lack of parking per unit, and proximity to single-family homes will have a very clear negative impact on the single-family neighbors. The applicant makes two main claims regarding this criterion: a) that there are other multifamily developments along S 1st, and b) there are other commercial buildings with less than 25 foot rear setbacks in the area. In addressing a), the applicant is correct that there are multifamily developments along S 1st, but it is important to note that those developments are all 5 levels or fewer. They appear to maintain the 60 foot code-required setback height from the single-family homes in the area. As for b), there are several commercial businesses in the area which impinge on the 25 foot rear setback, however, all of those businesses are one level or less. Their impact on the adjacent single-family homes is minimal due to their low height. The setback proposed is far too close to 2613 S 2nd St and other adjacent houses and without the proper setback, drainage and potential flooding is a concern. The proposed development will be so tall it will tower over the single-family homes on S 2nd and S 3rd Streets and “diminish privacy”. The added units provided by the added height will “increase traffic on adjacent streets,” and the lack of parking per unit will certainly make S 2nd St, S 3rd St, and Stacy Ln the de facto 24h/7days/week permanent …
ITEM06/1-LATE BACKUP Steering Committee Members: Christopher Hurst AIA, Chair Paula Hern, Meghan Yancy, Claudette Kazzoun, Rob Kish, Steve Amos, Germaine Curry, Margaret Sullivan, William Osborn, David Schofman, Shawn Shillington, Erika Tatum November 13, 2024 RE: C15-2024-0041 – Thomas M. Schiefer and Meghann Elena Rosales – 1607 West 10th St.- Agenda Item 6 Dear Chair Cohen and BOA Members, I hope this letter finds you well. The Old West Austin Neighborhood Association supports the variance request to allow an increase in impervious coverage at 1607 W 10th Street. This property has been historically designated through the City as the Mary Baylor House and it reflects the dedication the owners have put into preserving its history. Thomas and Meghann, the owners, rebuilt this home with their own hands, along with the help of friends and the local community—no contractors, no professionals—just them, much like the original construction of the house itself. The goal with the proposed addition is simple and in line with the ongoing commitment to both the history of the home and the OWANA neighborhood. The intent is to build a small rectangular extension off the back of the house that mirrors the width and height of the original structure. This design will ensure that the addition does not take away from or overwhelm the original house, preserving the character and historical significance of the property. Importantly, none of the original house will be altered or demolished, except for a minor adjustment to the back eaves. The materials will be complementary to the original style, ensuring the extension blends seamlessly without replicating the original architecture. The requested variance is for an increase in impervious coverage, from the current 45% to 58%. This increase is necessary due to a few unique hardships tied to the history of the property and recent changes in zoning regulations: 1. Deed History: A portion of the property was dedicated to the City in the past to expand the road, which reduced our total allowable building area. 2. Neighbor Encroachment: Portions of the neighbor's property encroach onto the lot, effectively taking approximately 202 square feet from the total allowable building area, further restricting the space for the proposed extension. 3. Zoning Amendments: The Home 2 zoning amendments recently enacted removed the need for a variance in setbacks and building cover, but unfortunately, these amendments now limit the impervious cover to just 45%. OWANA’s neighborhood plan, which …
ITEM07/1-LATE BACKUP_OPPOSITION ITEM07/2-LATE BACKUP_OPPOSITION November 8, 2024 To: Board of Adjustment, City of Austin Re: Case C15-2024-0042 (2003 Arpdale), Nov. 14, 2024, Agenda item 7 Dear Chair and Board Members, On August 9, 2021, the Board of Adjustment granted a lot-size variance at 2003 Arpdale, the same variance being requested today. The hearing in 2021 followed the administrative resolution of years of work-without-permit issues and code violations, including confirmation that the accessory structure does not require variances from the side and rear setbacks. Since the 2021 variance, several permits have been issued at this address, and some of them are still active. Unless the applicant can show that a department director has reversed the previous decisions or somehow overturned the Board of Adjustment variance, there is no reason to rehear the case. In short, the applicant has not been denied reasonable use. to submit a formal appeal of a written administrative decision or to challenge the department’s code interpretation. Simply re-applying for a variance that has already been granted makes no sense. Perhaps the Board can postpone the case and request clarification from the department director. size variance granted in August 2021; the first, on page 3, is from myself on behalf of the Zilker Neighborhood Association, and the other, on page 6, is from Jeff Jack, a former member of the Board of Adjustment. To summarize, regarding the setbacks: City of Austin, clarifying that a side yard setback variance is not required at 2003 Arpdale. In 2019 I received the following e-mail from Susan Barr, the residential plans examiner for the Attached are two letters explaining the intricacies of this case and the justification for the lot- If the department director has reversed the previous decisions, the applicant’s remedy would be From: Barr, Susan [mailto:Susan.Barr@austintexas.gov] Sent: Monday, May 13, 2019 9:54 AM To: latherton Cc: Dave Piper; 'Jeff Jack'; Gonzales, Rodney Subject: RE: 2003 Arpdale Appeal of BP #17-074166 Dear Ms. Atherton, Please keep me posted on the results of the Zilker Neighborhood Association discussion. In regards to the side yard setback, structures that were permitted in the distant past that do not meet current yard setbacks are considered legal, non-complying. Since a permit for the garage was found, it’s distance of 4.4’ from the side property line is legal and does not require a special exception. Best Regards, Susan It was also determined that no variance is required …
