A-1 BOA JUNE 8, 2020 DRAFT MINUTES — original pdf

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MINUTES Special Meeting of the Board of Adjustment Monday, June 8, 2020 Board of Adjustment to be held June 8, 2020 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (June 7 before Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the June 8, 2020 Board of Adjustment Meeting, residents must: •Call or email the board liaison at Elaine Ramirez @ elaine.ramirez@austintexas.gov or (512) 974-2202 no later than noon, (June 7, 2020). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live A-1/1 MEETING MINUTES June 8, 2020 The Board of Adjustment meeting convened on Monday, June 8, 2020 via Videoconference; http://www.austintexas.gov/page/watch-atxn-live . Don Leighton-Burwell (Chair) called the Board Meeting to order at 5:39 p.m. Board Members in Attendance: Brooke Bailey, Ada Corral, Jessica Cohen, William Hodge, Don Leighton-Burwell (Chair), Rahm McDaniel, Darryl Pruett, Veronica Rivera, Yasmine Smith, Michael Von Ohlen, Kelly Blume (Alternate) and Martha Gonzalez (Alternate) Board Members Absent: Melissa Hawthorne (Vice Chair) Board Staff in Attendance: Elaine Ramirez (Board Liaison) and Diana Ramirez (Board Secretary), Lee Simmons (Board Attorney) A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval of May 11, 2020 draft minutes A-1 On-Line Link : Item A-1 Board Member Brooke Bailey motions to approve the minutes for May 11, 2020 with corrections on the abstained votes, Board member Ada Corral seconds on a vote 10-0-1 (Board member Veronica Rivera abstained); APPROVED MINUTES FOR May 11, 2020 WITH CORRECTIONS ON THE ABSTAINED VOTES. B. DISCUSSION AND REQUESTED ACTION ITEM B-2 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Item P-1 applicant is requesting postponement to July 13, 2020; Board member Michael Von Ohlen motions to Grant applicant’s postponement request to August 10, 2020, Board member Jessica Cohen seconds on a vote 11-0; ITEM P-1 POSTPONED TO AUGUST 10, 2020. A-1/2SIGNS NEW PUBLIC HEARINGS SIGNS PREVIOUS POSTPONEMENTS C. NONE D. D-1 C16-2020-0001 901, 1011, 1109, 1211 E. 5 E. 4th Street Jason Thumlert for Capital Metro Transportation Authority (Julie Barr) th Street and 1300, 1304 On-Line Link: Item D-1 PRESENTATION The applicant is requesting a sign variance(s) from Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to allow for up to eighteen (18) illuminated wall signs in order to provide signage for a Mixed Use buildings in a “TOD- CURE-NP”, Transit Oriented District/Plaza Saltillo – Central Urban Redevelopment – Neighborhood Plan zoning district. (East Cesar Chavez) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant, Board Member William Hodge seconds on an 2600 Brockton Drive Alkesh Patel for Lion Veldt Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (C) 11-0 vote; GRANTED. D-2 C16-2020-0002 On-Line Link: Item D-2 PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code: a) to exceed sign area from one (1) 150 sq. ft. (maximum allowed) to two (2) 217 sq. ft. each (requested) wall signs on South and West sides. b) illuminate both signs in order to provide signage for the new Hilton Garden Inn in a “NBG-NP”, North Burnet/Gateway – Neighborhood Plan zoning district. (North Burnet) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. Applicant is proposing face-lit signs illuminated by LEDs. Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) The public hearing was closed by C hair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant only the south building elevation sign and Deny the west elevation sign, Board Member Rahm McDaniel seconds on an 11-0 DENIED THE WEST ELEVATION SIGN. vote; GRANTED ONLY THE SOUTH BUILDING ELEVATION SIGN AND A-1/3SIGNS RECONSIDERATION PREVIOUS POSTPONEMENTS NONE NONE SIGNS RECONSIDERATIONS INTERPRETATION NEW PUBLIC HEARINGS E. NONE F. G. H. SPECIAL EXCEPTION NEW PUBLIC HEARINGS I. VARIANCES NEW PUBLIC HEARINGS C15-2020-0022 Michael Synowiec 305 West 45 th Street I-1 NONE Section 25-2-492 (Site Development Regulations and NCCD requirements) to On-Line Link: Item I-1 PRESENTATION The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulation and NCCD requirements) to decrease the minimum lot size of 5,750 sq. ft. (required) to 1,985 sq. ft. (requested) b) decrease the minimum Lot Width from 50 ft. to 39 ft. c) spaces of 2 spaces (Required) to 1 space (requested) in order to remodel and add a 2nd FL addition to a Single-Family residence in an “SF-3- HD-NCCD-NP”, Single-Family Residence-Neighborhood Conservation Combining District Neighborhood Plan zoning district. (Hyde Park NCCD Neighborhood Plan) Section 25-6 (Parking Requirements Appendix A) to decrease required parking Note: NCCD Ordinance No.’s 20020131-20 and 20120112-086. Increase in parking requirements is triggered by 2nd FL. Addition. The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant, Board Member Brooke Bailey seconds on an 10-1 vote (Board member Darryl Pruett nay); GRANTED. INTERPRETATIONS PREVIOUS POSTPONEMENTS INTERPRETATIONS RECONSIDERATIONS INTERPRETATIONS RECONSIDERATION PREVIOUS POSTPONEMENTS SPECIAL EXCEPTIONS PREVIOUS POSTPONEMENTS J. NONE K. NONE L. M. NONE NONE A-1/4 N. O. P. SPECIAL EXCEPTIONS RECONSIDERTIONS NONE SPECIAL EXCEPTIONS RECONSIDERATION PREVIOUS POSTPONEMENTS NONE VARIANCES PREVIOUS POSTPONEMENTS P-1 C15-2019-0063 1507 Fairfield Drive Stephen H. Rison On-Line Link: Item P-1, Postponement req The applicant is requesting a variance(s) from the minimum setback requirement of LDC Section 25-2-492 (Site Development Regulations) (D) to decrease the rear setback requirement from 10 feet (required) to 0 feet (requested) in order to maintain an existing shed in an “SF-3-NP”, Single-Family zoning district. (Wooten Neighborhood Plan) POSTPONED TO AUGUST 10, 2020 P-2 C15-2020-0010 Travis Young for Daniel & Amy Coops 71 Julius Street On-Line Link: Item P-2 Part1 , Part2, Part3 The applicant is requesting a variance(s) from Section 25-2-721 (Waterfront Overlay (WO) Combining District Regulations) to (C) (1) and (2) from secondary setback area to allow construction of a home and increase the maximum allowable impervious cover from 30% (allowed) to 36.8% (requested) in order to erect a single-family residence with a detached garage and guest house in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (Holly Neighborhood Plan). Note: Per LDC 25-2-721Waterfront Overlay (WO) Combining District Regulations (C) In a secondary setback area: (1) fountains, patios, terraces, outdoor restaurants, and similar uses are permitted; and (2) impervious cover may not exceed 30 percent. The public hearing was closed by Michael Von Ohlen, Board Membe Rahm McDaniel motions to postpone to July 13, 2020, Board Member William Hodge seconds on an 11-0-1 vote (Board member Don Leighton-Burwell abstained); r POSTPONED TO JULY 13, 2020. P-3 C15-2020-0016 4013 Clawson Road Chris Paladino On-Line Link: Item P-3 PRESENTATION The applicant has requested variance(s) to Section 25-2 492 (D) (Site Development Regulations) to decrease the minimum lot width from 50 feet (required) to 34.8 feet (requested) for front lot and 49.82 feet (requested) for rear lot in order to subdivide the A-1/5current lot into 2 lots and build 2 new single family homes and 2 new second dwelling units on each lot in a “SF-3”, Single-Family Residence zoning district. The public hearing was closed by C hair Don Leighton-Burwell, Board Member Rahm McDaniel motions to Grant with conditions as previously approved variance CONDITIONS AS PREVIOUSLY GRANTED VARIANCE DATED FEBRUARY dated February 12, 2018 (C15-2017-0065), Board Member Brooke Bailey seconds on an 11-0-1 vote (Board member William Hodge abstained); GRANTED WITH 12, 2018 (C15-2017-0065): 1) GARAGE ON BOTH UNITS STAY AS ONE STORY WITH NO HABITABLE SPACE, AND THAT 2) SUBDIVISION BE COMPLIANT WITH THE SOUTH LAMAR FLOOD MITIGATION PLAN (10% CAPTURE) EVEN THOUGH SINGLE FAMILY USE IS PROPOSED AND THIS WOULD NOT OTHERWISE BE REQUIRED, AND THAT 3) A SCREENED AREA FOR ALL TRASH RECEPTACLES BEHIND THE PROPERY LINE BE PLANNED FOR AT SUBDIVISION AND ADDED AT CONSTRUCTION. P-4 C15-2020-0020 1401 E. 3 rd Street Jennifer Hanlen for Durham Trading Partners XII On-Line Link: Item P-4 Part1, Part2, Part3 PRESENTATION The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: currently under construction, layout error The public hearing was closed by C hair Don Leighton-Burwell, Board Member Don Leighton-Burwell motions to Deny, Board Member Michael Von Ohlen seconds on a 10-1 vote (Board member Veronica Rivera nay and William Hodge abstained); DENIED. Q. VARIANCE RECONSIDERATIONS R. VARIANCES RECONSIDERATION PREVIOUS POSTPONEMENTS NONE NONE S. NEW BUSINESS S-1 Discussion of the May 11, 2020 Board activity report On-Line Link: Item S-1 DISCUSSED; CONTINUE TO JULY 13, 2020 A-1/6S-2 Discussion and possible action on the draft LDC; BOA LDC Workgroup Report (Workgroup Members: Leighton-Burwell, Hawthorne, Cohen, Hodge and Smith) DISCUSSED; CONTINUE TO JULY 13, 2020 S-3 Discussion and possible action on the FY 2020-21 Budget Calendar -postponed workshop/training for BOA DISCUSSED; CONTINUE TO JULY 13, 2020 S-4 Discussion and possible action on the Number of Allowed Postponements; BOA Workgroup (Workgroup Members: Leighton-Burwell, Cohen and Bailey) DISCUSSED; CONTINUE TO JULY 13, 2020 S-5 Discussion and possible action regarding Workgroups Update: Transportation Criteria/Code Recommendations Workgroup (Smith, Hodge & Corral) o Resolution re: DSD Representation (No response from City Staff) o Transportation Criteria Manual (e.g. Gas Islands) o Regular BOA Issues that might trigger Code Revision DISCUSSED; CONTINUE TO JULY 13, 2020 S-6 Discussion and possible action regarding alternative meeting dates and locations DISCUSSED; CONTINUE TO JULY 13, 2020 S-7 Discussion and possible action regarding Election of Officers Board Member Michael Von Ohlen motions to maintain Don Leighton- Burwell as Chair and Melissa Hawthorne as Vice-Chair, Jessica Cohen seconds on a unanimous vote; APPROVED DON LEIGHTON-BURWELL AS CHAIR AND MELISSA HAWTHORNE AS VICE-CHAIR. S-8 Discussion and possible action regarding UNO Sign regulations On Line Link: Item S-8 DISCUSSED; CONTINUE TO JULY 13, 2020 S-9 Announcements S-10 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests T. ADJOURNMENT 8:24 PM A-1/7 The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days before the meeting date. Please call or email Board Liaison Elaine Ramirez, Development Services, at 512-974-2202/elaine.ramirez@austintexas.gov or Board Secretary Diana Ramirez, Development Services, at 512-974- 2241/diana.ramirez@austintexas.gov , for additional information; TTY users route through Relay Texas at 711. For more information on the Board of Adjustment, please contact Board Liaison, Elaine Ramirez, Development Services, at 512-974-2202/elaine.ramirez@austintexas.gov. A-1/8