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 …
