Board of Adjustment - Jan. 13, 2025

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

ITEM 01 BOA DRAFT MINUTES DEC 9, 2024 original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, December 9, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, December 9, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:51 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Bianca A. Medina-Leal, Janel Venzant, Michael Von Ohlen, Suzanne Valentine (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates (at 6pm), Yung-ju Kim, Brian Poteet, Board Members/Commissioners Absent Maggie Shahrestani 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 Special Called meeting on November 14, 2024. On-Line Link: Draft Minutes for November 14, 2024 The minutes from the meeting November 14, 2024, were approved on Board member Michael Von Ohlen’s motion, Vice Chair Melissa Hawthorne second, on 9- 0 Vote (Board member Thomas Ates -no vote-due to technical issues). PUBLIC HEARINGS Discussion and action on the following cases. Postponement request to January 13, 2025, by applicants/neighborhood group: Item 3, Item 4, Item 7 and Item 8 Sign cases: Items 7 and 8 – Board member Jeffery Bowen motions to approve postponement request to January 13, 2025, Board member Michael Von Ohlen seconds on 9-0 vote (Thomas Ates -no vote-technical issues) for Item 7, and 8-1 vote (Vice Chair Melissa Hawthorne abstains, Board member Thomas Ates-no vote-technical issues) for Item 8. Item 3 and 4 – Vice Chair Melissa Hawthorne motions to approve postponement request to January 13, 2025, Board member Michael Von Ohlen seconds on 10-0 vote. Previous Postponed Variance cases: 2. C15-2024-0028 Haim Joseph Mahlof for Wendy Jo Peterson 1406 S 3rd Street 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). The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen …

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ITEM02 C16-2024-0001 ADV PACKET JAN13 original pdf

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ITEM02/1 CITY OF AUSTIN Board of Adjustment Decision Sheet – SIGN VARIANCE ITEM08 DATE: December 9, 2024 CASE NUMBER: C16-2024-0001 _______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: Michael Everett OWNER: Rowdy Durham ADDRESS: 6320 ED BLUESTEIN BLVD SB (cid:131) (cid:131) VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): (B) (2) (a) to exceed sign area from 60 square feet to 210.36 square feet (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 60 feet (requested) for a Freestanding sign in order to provide signage for a McDonald’s in a “GR-MU-CO-NP”, Community Commercial – Mixed Use – Conditional Overlay - Neighborhood Plan zoning district. (University Hills Neighborhood Plan), Expressway Corridor Sign District. Note: The Land Development Code Sign Regulations 25-10-123 Expressway Corridor Sign Regulations (A) This section applies to an expressway corridor sign district. (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a) on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot with more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (3) The sign height may not exceed the greater of: ITEM02/2 (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. (C) A roof sign may be permitted instead of a freestanding sign under Section 25-10-132 (Roof Sign Instead Of Freestanding Sign). (D) Wall signs are permitted. (E) One flag for each curb cut is permitted. (F) For signs other than freestanding signs or roof signs, the total sign area for a lot may not exceed 20 percent of the facade area of the first 15 feet of the building. Source: Section 13-2-867; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 9, 8- 28-17. BOARD’S DECISION: December 9, 2024, POSPONED TO JANUARY 13, 2025 …

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ITEM02 C16-2024-0001 PRESENTATION JAN13 original pdf

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A FREESTANDING SIGN " 4 - ' 4 1 A 15'-1” " 9 - ' 8 4 1 2211 Pech . , TX 77055 832-727-5415 MCDONALDS # 39737 6320 ED BLUESTEIN BLVD AUSTIN TX 77449 CITY OF AUSTIN BE 6-8-2024 P:\2024 JOBS\M\MCDDONALDS#39737 MCDONALDS -AUSTIN TX.CDR 0-0-23 Revised 0-0-23 Revised THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NEC AND/OR OTHER APPLICABLE LOCAL CODE. THIS INCLUDES PROPER GROUNDING AND BONDING OF SIGN. SCALE: 1” = 433.0” C 2024 THIS DRAWING AND ANY PLANS, IDEAS OR ARRANGEMENTS ARE PROPERTY OF TEXAS REPUBLIC SIGNS LLC. ALL RIGHTS RESERVED BY TEXAS REPUBLIC SIGNS LLC. ITEM02/1-PRESENTATION SIGN A CODE ALLOWS 35’ OAH REQUESTING ADDITIONAL 25’ FOR A TOTAL OF 60’ OAH CODE ALLOWS 104.65 SQ FT REQUESTING ADDITIONAL 210.36 SQ FT FOR A TOTAL OF 314.86 SQ FT 278.75 SQ FT 36.11 SQ FT 2211 Pech . , TX 77055 832-727-5415 MCDONALDS # 39737 6320 ED BLUESTEIN BLVD AUSTIN TX 77449 CITY OF AUSTIN BE 6-8-2024 P:\2024 JOBS\M\MCDDONALDS#39737 MCDONALDS -AUSTIN TX.CDR 0-0-23 Revised 0-0-23 Revised THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NEC AND/OR OTHER APPLICABLE LOCAL CODE. THIS INCLUDES PROPER GROUNDING AND BONDING OF SIGN. C 2024 THIS DRAWING AND ANY PLANS, IDEAS OR ARRANGEMENTS ARE PROPERTY OF TEXAS REPUBLIC SIGNS LLC. ALL RIGHTS RESERVED BY TEXAS REPUBLIC SIGNS LLC. ITEM02/2-PRESENTATION 223.375 x 720.0 " 0 - ' 0 6 " 0 - ' 0 6 2211 Pech . , TX 77055 832-727-5415 MCDONALDS # 39737 6320 ED BLUESTEIN BLVD AUSTIN TX 77449 CITY OF AUSTIN BE 6-8-2024 P:\2024 JOBS\M\MCDDONALDS#39737 MCDONALDS -AUSTIN TX.CDR 0-0-23 Revised 0-0-23 Revised THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NEC AND/OR OTHER APPLICABLE LOCAL CODE. THIS INCLUDES PROPER GROUNDING AND BONDING OF SIGN. Scale: 1” = 588.5” Scale: 1” = 724.0” C 2024 THIS DRAWING AND ANY PLANS, IDEAS OR ARRANGEMENTS ARE PROPERTY OF TEXAS REPUBLIC SIGNS LLC. ALL RIGHTS RESERVED BY TEXAS REPUBLIC SIGNS LLC. ITEM02/3-PRESENTATION 223.375 x 720.0 " 0 - ' 0 6 " 0 - ' 0 6 Scale: 1” = 529.0” Scale: 1” = 1895.0” C 2024 THIS DRAWING AND ANY PLANS, IDEAS OR ARRANGEMENTS ARE PROPERTY OF TEXAS REPUBLIC SIGNS LLC. ALL RIGHTS RESERVED BY TEXAS REPUBLIC SIGNS LLC. 2211 Pech . , TX …

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ITEM03 C16-2024-0002 ADV PACKET JAN13 original pdf

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ITEM03/1 CITY OF AUSTIN Board of Adjustment- Sign Variance Decision Sheet ITEM07 DATE: December 9, 2024 CASE NUMBER: C16-2024-0002 _______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: Michael J Whellan OWNER: Mark Worsham ADDRESS: 12221 MOPAC EXPY SVRD NB VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code: Section 25-10-124 (Scenic Roadway Sign District): (cid:131) (requesting) (existing) (cid:131) (maximum allowed) to 90 square feet (requesting) (cid:131) (requesting), (cid:131) (cid:131) to 3 feet (requesting) Section 25-2-191 (Sign Setback Requirements) (cid:131) allowed) to 0 feet (requesting) (F) to allow for internally sign illumination for three (3) signs (requesting) (G) to decrease signs from the right-of-way of at least 12 feet (minimum required) (B) to allow more freestanding signs from one (1) (maximum allowed) to eight (8) (B) (2) to increase overall sign height from 12 feet (maximum allowed) to 17 feet (E) to decrease the setback of 12 feet from the street right-of-way (minimum (B) (1) (b) to increase the maximum sign area on a lot from 64 square feet ITEM03/2 (F) (1) to increase height of not more than 30 inches (maximum allowed) to 17 feet (F) (2) to reduce clearance of at least nine (9) feet (minimum allowed) to zero (0) (cid:131) (requesting) (cid:131) feet (requesting). in order to remodel Free-standing sign(s) for Emergency Services/Hospital Services in a “PUD”, Scenic Roadway Sign District. Note: 25-10-124 - SCENIC ROADWAY SIGN DISTRICT REGULATIONS. (A) This section applies to a scenic roadway sign district. (B) One freestanding sign is permitted on a lot. (1) The sign area may not exceed the lesser of: (a) 0.4 square feet for each linear foot of street frontage; or (b) 64 square feet. (2) The sign height may not exceed 12 feet. (C) Wall signs are permitted. (D) For signs other than freestanding signs, the total sign area for a lot may not exceed 10 percent of the facade area of the first 15 feet of the building. (E) In a Hill Country Roadway corridor, a spotlight on a sign or exterior lighting of a sign must be concealed from view and oriented away from adjacent properties and roadways. (F) Internal lighting of signs …

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ITEM03 C16-2024-0002 PRESENTATION JAN13 original pdf

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St Davids North Austin Medical Center Exterior Signage Variance Request 13 January 2025 St Davids North Austin Medical Center Exterior Signage Variance Request ITEM03/1-PRESENTATION Directional Sign 38 B A A 56 B Directional Sign East Campus Entrance A 54 B Adult ED Entrance Main Campus Entrance B 2 A 2 North Campus Entrance B 37 A Directional Sign B 1 A 1 South Campus Entrance B 5 A Directional Sign 3 3 St Davids North Austin Medical Center Exterior Signage Variance Request SK2 20NOV2024 ITEM03/2-PRESENTATION LOCATION 1: Directional at Mopac and Cedar Bend Allowable: Height: 12'-0" Square Footage: 64 sf Proposed: Height: 11'-10" Square Footage: 58 sf Illumination: No internal face illumination Illumination: *Internal face illumination Set Back: At least 12 feet from the street right-of-way, or at least 25 feet from street pavement or curb in the right-of-way, whichever setback is the lesser distance from the street. Set Back: 3 feet from curb in the right- of-way; 0 feet from the right-of-way. *Red Text = Proposed design does not meet current code requirements Existing Condition: 10'-10"(h) x 6'-8"(w) 18' 16' 14' 12' 10' 8' 6' 4' 2' 7'-0" Emergency All Entrances Women’s Ctr " 0 1 - ' 1 1 LOCATION 1: Directional at Mopac and Cedar Bend St Davids North Austin Medical Center Exterior Signage Variance Request SK3 20NOV2024 ITEM03/3-PRESENTATION Location 1: Existing Conditions ITEM03/4-PRESENTATION Location 1: Existing Conditions ITEM03/5-PRESENTATION Location 1: Proposed Sign ITEM03/6-PRESENTATION Location 1: Existing Conditions ITEM03/7-PRESENTATION Location 1: Proposed Sign ITEM03/8-PRESENTATION LOCATION 2: Main Entrance Monument Allowable: Height: 12'-0" Square Footage: 64 sf Proposed: Height: *14'-9" Square Footage: *111 sf Illumination: No internal face illumination Illumination: *Internal face illumination Set Back: At least 12 feet from the street right-of-way, or at least 25 feet from street pavement or curb in the right-of-way, whichever setback is the lesser distance from the street. Set Back: 3 feet from curb in the right- of-way; 0 feet from the right-of-way. *Red Text = Proposed design does not meet current code requirements 18' 16' 14' 12' 10' 8' 6' 4' 2' Existing Condition: 10'-10"(h) x 8'-7"(w) 10'-0" " 9 - ' 4 1 Main Entrance Emergency LOCATION 2: Main Entrance Monument St Davids North Austin Medical Center Exterior Signage Variance Request SK4 20NOV2024 ITEM03/9-PRESENTATION Location 2: Main Entrance Existing Conditions ITEM03/10-PRESENTATION Location 2: Main Entrance Utility Easement New Sign Location Public Utility Easement Existing Sign ITEM03/11-PRESENTATION Location 2: Main …

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ITEM04 C15-2024-0031 ADV PACKET JAN13 PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 03 DATE: Monday, December 9, 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 ITEM04/1 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; November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case; December 9, 2024 POSPONED TO JANUARY 13, 2025 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 forITEM04/2 …

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ITEM04 C15-2024-0031 ADV PACKET JAN13 PART2 original pdf

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Property Profile Legend Notes 2015 Aerial 0 300 600 ft 11/22/2024 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. ITEM04/17 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 ITEM04/18 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 …

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ITEM04 C15-2024-0031 ADV PACKET JAN13 PART3 original pdf

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ITEM04/63 ITEM04/64 ITEM04/65 From: Subject: Date: Rawson Saunders School Monday, October 14, 2024 3:00:42 PM [Some people who received this message don't often get email from jkreislemd@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution My wife,Elizabeth, and I live across Hillview from the Rawson Saunders School in Austin. They have been good neighbors and, certainly, are engaged in a worthy cause, educating children with dyslexia. We hope they can remain at their location and expand within the restrictions of a zoning variance. We OPPOSE a zoning change. Sent from my iP Sincerely, James and Elizabeth Kreisle 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". ITEM04/66 ITEM04/67 ITEM04/68 ITEM04/69 ITEM04/70 ITEM04/71 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". ITEM04/72 ITEM04/73 ITEM04/74 ITEM04/75 ITEM04/76 ITEM04/77 ITEM04/78 ITEM04/79 ITEM04/80 ITEM04/81 ITEM04/82 ITEM04/83 ITEM04/84

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ITEM04 C15-2024-0031 ADV PACKET JAN13 PART4 original pdf

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ITEM05 C15-2024-0040 ADV PACKET JAN13 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday December 9, 2024 CASE NUMBER: C15-2024-0040 _______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: Leah Bojo OWNER: Chris Affinito ADDRESS: 600 CUMBERLAND RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code: Article 3, Additional Requirements for Certain Districts, Division 5 –Combining and Overlay Districts, Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations:  (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)  from 25 feet (minimum width allowed) to 2 feet -4 27/32 inches – 5 feet -6 inches (requesting), (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the in order to erect a Condominium Residential Building in a “GR-V-ETOD, DBETOD and GR-ETOD-DBETOD”, Community Commercial-Vertical Mixed-Use Building-Equitable Transit-Oriented Development and Community Commercial-Equitable Transit-Oriented Development-Density Bonus ETOD. ITEM05/1 Compatibility Buffers). Note: The Land Development Code Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations (A) (B) (H) This section applies to a property with density bonus ETOD (DBETOD) combining district zoning. This section governs over a conflicting provision of this title or other ordinance. Compatibility Requirements. (1) A building is not required to comply with Article 10 (Compatibility Standards) in Subchapter C. (2) In this subsection, (a) TRIGGERING PROPERTY means a site: (i) with at least one dwelling unit but less than four dwelling units; and (ii) is zoned urban family residence (SF-5) district or more restrictive; and (b) STRUCTURE includes a portion of a structure. (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. a triggering property. (4) Compatibility Buffer. A compatibility buffer is required along a site's property line that is shared with (a) The minimum width of a compatibility buffer is 25 feet. (b) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required …

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ITEM05 C15-2024-0040 PRESENTATION JAN13 original pdf

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2612 S. 1st Street SP-2021-0219C Board of Adjustment January 13, 2025 1 ITEM05/1-PRESENTATION Neighborhood Aerial 2 ITEM05/2-PRESENTATION Site Aerial 3 ITEM05/3-PRESENTATION Zoning GR-V-ETOD-DBETOD (Community Commercial – Vertical Mixed Use Building – Equitable Transit Oriented Development – Density Bonus Equitable Transit Oriented Development) AND GR-ETOD-DBETOD (Community Commercial –Equitable Transit Oriented Development – Density Bonus Equitable Transit Oriented Development) 44 ITEM05/4-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). 5 ITEM05/5-PRESENTATION Zoning History 2008 - zoning Ordinance No. 20080110-097 rezoned 600 Cumberland from GR to GR-V via City of Austin case no. C14-2007-0238. 2017 – zoning Ordinance No. 20180201-116 rezoned 2610 S. 1st Street from SF-3 to GR-V 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 and 2612 S 1st Street from GR to GR-ETOD-DBETOD. 6 ITEM05/6-PRESENTATION SMART-compliant Project Overview • 118 for-rent units: 60% MFI: 23 Units 80% MFI: 36 Units Market: 59 Units 6,722 SF – Ground Floor Retail & Restaurant • Parking: • 84 auto spaces provided • 0.7 auto spaces/unit • 9 bicycle spaces 7 ITEM05/7-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. 8 ITEM05/8-PRESENTATION ETOD Compatibility 99 ITEM05/9-PRESENTATION Requested Compatibility 1010 ITEM05/10-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 …

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ITEM05 C15-2024-0040 PRESENTATION NG1 original pdf

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Galindo Neighborhood Opposition to 600 Cumberland Road, 2610 & 2612 South First Street Variance Request Case Number: C15-2024-0040 Elaine Ramirez - Case Manager Board of Adjustments Meeting - January 13, 2025 Patty Sprinkle - Galindo Neighborhood Association President ITEM05/1PRESENTATION-NG1 Compatibility Requirements for DB90 Developments § 25-2-654 - DENSITY BONUS ETOD (DBETOD) COMBINING DISTRICT REGULATIONS (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. (4) Compatibility Buffer. A compatibility buffer is required along a site’s property line that is shared with a triggering property. a) The minimum width of a compatibility buffer is 25 feet. b) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for Compatibility Buffers). ITEM05/2PRESENTATION-NG1 The Galindo neighborhood strongly opposes the 600 Cumberland variance request for the following reasons: • Allowing a variance undermines current zoning laws and sets a negative precedent for future developers to disregard the few remaining community protections. • The proposed project would be significantly out of scale with nearby residential and commercial properties. The development would negatively impact the quality of life and the character of the neighborhood. • The project developer’s inability to reach max density is not a hardship. ITEM05/3PRESENTATION-NG1 Lot Size and Proximity to SF3 Properties on South 2nd Street ITEM05/4PRESENTATION-NG1 Height and Setback Variance Requests for 600 Cumberland CURRENT REQUIREMENTS VARIANCE REQUESTS ITEM05/5PRESENTATION-NG1 Recent Nearby Developments Built to Neighborhood Scale LIVE OAK - 511 WEST LIVE OAK STREET THE MERCURY - 601 CARDINAL LANE FRANK CONDOS - 900 SOUTH FIRST STREET ITEM05/6PRESENTATION-NG1 ETOD Compatibility - Distance to Future Light Rail Station ITEM05/7PRESENTATION-NG1 Title ITEM05/8PRESENTATION-NG1

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ITEM05 C15-2024-0040 PRESENTATION NG2 original pdf

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Galindo Neighborhood Opposition to 600 Cumberland Road, 2610 & 2612 South First Street Variance Request Case Number: C15-2024-0040 Elaine Ramirez - Case Manager Board of Adjustments Meeting - January 13, 2025 Ryan McCarthy – Galindo Neighborhood Resident ITEM05/1-PRESENTATION-NG2 Triggering Property ITEM05/2-PRESENTATION-NG2

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ITEM06 C15-2024-0041 ADV PACEKT JAN13 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday December 9, 2024 CASE NUMBER: C15-2024-0041 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___-____Margaret Shahrestani (D8) OUT ___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) OWNER/APPLICANT: Thomas M Schiefer and Meghann Elena Rosales ADDRESS: 1607 10TH ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase from 45 percent (maximum allowed) to 65 percent (requested) in order to attach a Single-Family Residence in a “SF-3-NP”, Single- Family - Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case; Dec 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen’s motion to Postpone to January 13, 2025; Vice Chair Melissa Hawthorne seconds on 10-0 votes; POSTPONED TO JANUARY 13, 2025. 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: ITEM06/1 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 Madam Chair forITEM06/2 From: To: Cc: Subject: Date: Attachments: t Ramirez, Elaine 1607 W 10th St Tuesday, December 17, 2024 9:17:36 AM image.png Outlook-yam4kw2z.png Outlook-Icon Desc.png Outlook-Icon__Desc.png Outlook-Icon Desc.png Outlook-Icon Desc.png This email is to confirm that a variance is required to develop this lot under 25-2-779 (HOME 2; Small lot single family use). As previously mentioned, Single family use and Small lot single family use are two different uses, and as such, have different requirements to develop under. When this project was originally submitted, HOME 2 was not available to use and my comment report reflected this (no comment issued …

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ITEM06 C15-2024-0041 PRESENTATION JAN13 original pdf

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ITEM06/1-PRESENTATION ITEM06/2-PRESENTATION ITEM06/3-PRESENTATION ITEM06/4-PRESENTATION ITEM06/5-PRESENTATION ITEM06/6-PRESENTATION ITEM06/7-PRESENTATION ITEM06/8-PRESENTATION ITEM06/9-PRESENTATION ITEM06/10-PRESENTATION ITEM06/11-PRESENTATION ITEM06/12-PRESENTATION ITEM06/13-PRESENTATION ITEM06/14-PRESENTATION ITEM06/15-PRESENTATION ITEM06/16-PRESENTATION ITEM06/17-PRESENTATION ITEM06/18-PRESENTATION ITEM06/19-PRESENTATION ITEM06/20-PRESENTATION ITEM06/21-PRESENTATION ITEM06/22-PRESENTATION

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ITEM07 BOA MONTHLY REPORT original pdf

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BOA Monthly Report July 2024-June 2025 December 9, 2024 Granted 4 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the interior side yard setback and 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses): (1) reduce minimum lot area and (3) (a) reduce rear setback 2. 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (C) (3) (b) for Garage Placement of a parking structure not closer to the front lot line than the front most exterior wall of the first floor of the building façade 3. 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (B) (1) to decrease the minimum 4. 25-2-492 (Site Development Regulations) to decrease the minimum interior side yard setback And 25-2-515 (Rear yard of Through Lot) & 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (B) (3) (a) to decrease the minimum rear yard setback. lot size Postponed 5 1. 25-2-492 (Site Development Regulations): Height Requirements to increase the height, Setback Requirements to decrease the minimum front yard setback, Setback Requirements to decrease the minimum rear yard, Building Coverage to increase, Impervious Coverage to increase and 25-2- 832 (Private Schools) (1) a site must be located on a street that has a paved width 2. 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations: (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 and (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the from 25 feet (minimum width allowed) 3. 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase 4. 25-10-124 (Scenic Roadway Sign District): (B) to allow more freestanding signs, (B) (1) (b) to increase the maximum sign area, (B) (2) to increase overall sign height, (F) to allow for internally sign illumination, (G) to decrease signs from the right-of-way and Section 25-2-191 (Sign Setback Requirements) (E) to decrease the setback, (F) (1) to increase height, (F) (2) to reduce clearance. 5. 25-10-123 (Expressway Corridor Sign District Regulations): (B) (2) (a) to exceed sign area and 1. Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the (B) (3) (a) to exceed sign height Withdrawn 0 Denied (Reconsideration) 1 minimum front yard setback. 1 Discussion Items Dec 2024 Interpretations The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 13 16 0 2 16 0 new inquiries (Added Nov14# 2024) Board members absent: Maggie Shahrestani, …

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Agenda original pdf

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REGULAR MEETING of the BOARD OF ADJUSTMENT January 13, 2025 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. APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Special Called meeting on December 9, 2024. On-Line Link: Draft Minutes for December 9, 2024 PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed Sign Variance cases: 2. C16-2024-0001 Michael Everett for Rowdy Durham 6320 Ed Bluestein Boulevard SB (B) (2) (a) to exceed sign area from 104.65 square feet to 314.86 square feet (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 60 feet On-Line Link: ITEM02 ADV PACKET; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations):   (requested) for a Freestanding sign in order to provide signage for a McDonald’s in a “GR-MU-CO-NP”, Community Commercial – Mixed Use – Conditional Overlay - Neighborhood Plan zoning district. (University Hills Neighborhood Plan), Expressway Corridor Sign District. Note: The Land Development Code Sign Regulations 25-10-123 Expressway Corridor Sign Regulations (A) This section applies to an expressway corridor sign district. (B) …

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ITEM04 C15-2024-0031 LATE BACKUP JAN13-PPMT REQ original pdf

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January 6, 2025 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 known as Rawson Saunders School, we request a postponement of the public hearing for this case to the February 10th, 2025 hearing date. Please contact our office should you have questions or need additional information. Thank you for your time and attention to these applications. Kind regards, Victoria Haase www.throwerdesign.com P . O . B O X 4 1 9 5 7 , A U S T I N , T E X A S 7 8 7 0 4 1 5 0 7 I N G L E W O O D S T . , A U S T I N , T E X A S 7 8 7 4 1 ITEM04/1-LATE BACKUPITEM04/1-LATE BACKUP

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ITEM05 C15-2024-0040 LATE BACKUP JAN13- PPMT REQ original pdf

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ITEM05/1-LATE BACKUP-PPMT REQ Subject: RE: 1/13 BOA_C15-2024-0040_600 Cumberland Rd, 2610 & 2612 S 1st Street Virtual Registration Date: Monday, January 6, 2025 at 4:03 PM To: Leah Bojo Got it…I will change it to back up virtual registration Elaine Ramirez Planner Senior Board of Adjustment Liaison Development Services Department 6310 Wilhelmina Delco Dr. Austin, TX 78752 Office: 512-974-2202 E-mail: elaine.ramirez@austintexas.gov DevelopmentATX.com PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s DSD Customer Service Feedback Form - Formstack From: Leah Bojo Sent: Monday, January 6, 2025 2:57 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov>; Katie Gengler Subject: Re: 1/13 BOA_C15-2024-0040_600 Cumberland Rd, 2610 & 2612 S 1st Street Virtual Registration External Email - Exercise Caution ITEM05/2-LATE BACKUP-PPMT REQ Hi Elaine, I’ll be in person – thank you! Leah M. Bojo, AICP, Director of Land Use & Entitlements 2705 Bee Caves Road, Suite 100, Austin, TX 78746 Drenner Group, PC | From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Date: Monday, January 6, 2025 at 3:48 PM To: Katie Gengler < Subject: RE: 1/13 BOA_C15-2024-0040_600 Cumberland Rd, 2610 & 2612 S 1st Street Virtual Registration Hi Katie, I have Leah Bojo, registered as the Primary Speaker for case C15-2024-0040 / 600 Cumberland Rd, 2610 & 2612 S 1st St., speaking virtual. Please note: You will a total maximum of 5 minutes to speak/give presentation for the above referenced case. If you are registered to speak virtually, you will receive an e-mail from me Monday, 1/13 before 12p.m., with call in information for our virtual BOA mtg. You will be available via phone only and only the registered speakers will receive the call-in information (do not share the call-in phone number with anyone who has not registered to speak virtually). Once the Board has made the decision of Granting, Denying or Postponing the variance you all can disconnect from the call. Please keep in mind that if you are not the Primary Speaker the Board may or may not call on you. The Primary Speaker gets a total of 5 minutes to speak for each case(s). If the Board has questions, they can call …

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ITEM05 C15-2024-0040 LATE BACKUP- OPPOSITION original pdf

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ITEM05/1-LATE BACKUP ITEM05/2-LATE BACKUP Zilker Neighborhood Association __________________________________________________________________ 2009 Arpdale, Austin, TX 78704 ● January 8, 2025 Along South Lamar over the last 20 years, VMU and other bonus projects have been building The site on South First is only half an acre. Applying the South Lamar bonus standard, one could Re: Case C15-2024-0040 600 Cumberland, Austin TX 78704 Agenda item 5, January 13, 2025 Chair and Board of Adjustment Members: The Zoning Committee of the Zilker Neighborhood Association is opposed to the variance requested at 600 Cumberland and 2612 South First Street. We agree with the Galindo and Dawson neighbors that the request does not meet the findings required for the variance. In addition, we must emphasize that the request absolutely impairs the purpose of the applicable zoning regulations. The regulations in this case are the terms of a transit-oriented overlay intended to discourage large parking garages on major transit routes and to encourage more affordable housing units. about 80 to 100 units per acre, including at least 10% of the units affordable to 60% MFI, onsite, for 40 years, with parking equivalent to about 60% of the previous requirements. To the extent that a voluntary bonus program can be considered “reasonable use,” those have become the standard dimensions for mixed use along the corridor. They represent a bonus, not a hardship. Now that parking minimums have been eliminated from the code, they likewise cannot be claimed as a hardship. reasonably expect a half-acre 5-floor multifamily project to have around 50 units (fewer if it includes a swimming pool, as this project does) and minimal parking (one and a half levels). There is no evidence that the City has ever denied that degree of reasonable use under the South First property’s GR-V zoning. Rather, in June 2023 the applicant received approval for a much larger deeply affordable project with 90 units and only 67 parking spaces. Rather than denying reasonable use, the City approved a site plan that far exceeded the capacity of the lot and the street. It was the applicant who declined the affordability terms and decided to go for an even bigger project (118 units, mostly market rate) with a very expensive underground parking garage (84 spaces) that conflicts with transit-oriented design standards. parking garage for circulation,” implying that a three-level parking garage is a reasonable use for a half- acre property fronting on a major …

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