E-2 C15-2021-0036 ADV PACKET PART1 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0036 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Don Leighton-Burwell (no vote/late) ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Ron Thrower OWNER: Chalice McGee ADDRESS: 6141 JUMANO LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-899 (D) (E) (F) (Fences as Accessory Uses) to increase the height permitted from 6 feet (required) to 8 feet (requested) in order to maintain a recently constructed 8 ft. fence in an “SF-2-NP”, Single- Family Residence-Neighborhood Plan zoning district. (West Oak Hill Neighborhood Plan) Note: The Land Development Code 25-2-899 (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. (E) states: a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. (F) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. BOARD’S DECISION June 14, 2021 POSTPONED TO JULY 12, 2021 FINDING: E-2/1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 Chairman Diana Ramirez for E-2/2BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0036 BOA DATE: June 14th, 2021 ADDRESS: 6141 Jumano Ln OWNER: Chalice McGee COUNCIL DISTRICT: 8 AGENT: Ron Thrower ZONING: SF-2-NP (West Oak Hill) LEGAL DESCRIPTION: LOT 8 BLK C LEGEND OAKS SEC 7 VARIANCE REQUEST: maintain an 8 ft. fence recently constructed SUMMARY: code violation issued ISSUES: triangular shaped lot and topography ZONING LAND USES Site North South East West SF-2-NP SF-2-NP SF-2-NP SF-2-NP SF-2-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Bike Austin Circle C Neighborhood Assn. Covered Bridge Property Owners Association, Inc. East Oak Hill Neighborhood Association Friends of Austin Neighborhoods Legend Oaks II Home Owners Association Neighborhood Empowerment Foundation Oak Hill Association of Neighborhoods (OHAN) Oak Hill Neighborhood Plan – COA Liaison Oak Hill Neighborhood Plan Contact Team Oak Hill Trails Association SELTexas Save Barton Creek Assn. Save Our Springs Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Western Oaks Property Owners Association E-2/3June 3, 2021 Chalice McGee 6141 Jumano Ln Austin TX, 78749 Property Description: LOT 8 BLK C LEGEND OAKS SEC 7 Re: C15-2021-0036 Dear Chalice, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-899 (D) (E) (F) (Fences as Accessory Uses); to increase the height permitted from 6 feet (required) to 8 feet (requested) in order to maintain a recently constructed 8 ft. fence in an “SF-2-NP”, Single-Family Residence-Neighborhood Plan zoning district. (West Oak Hill Neighborhood Plan) Austin Energy does not oppose the requested height variance for the eight ft. fence, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- of 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 E-2/4E S C A R P M E N T R E P UIM Q B E L F A Y RID G E O A K O N A M U J T E Y A ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0036 6141 JUMANO LANE 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 and represents only the approximate relative location of property boundaries. 1 " = 124 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. E-2/5E-2/6E-2/7E-2/8E-2/9E-2/10 May 6, 2021 Board Members, Elaine Ramirez, Board Liaison City of Austin, Board of Adjustment RE: C15-2021-0036 – 6141 Jumano Lane Dear Mrs. Ramirez and Board Members, The application submitted here-in is made to request variances to § 25-2-899 - FENCES AS ACCESSORY USES. The purpose of the variances is to maintain an 8ft privacy fence constructed on the subject property this past fall of 2020 by the current property owner, after receiving approval from the subdivision Homeowner’s Association. The 8ft fence was constructed to provide privacy due to unnecessary communication between adjacent property owners. Austin Police Department has a record of various disturbances (see attachments) near the subject tract that warrant a need for maintaining and maximizing privacy at this general area. The variances requested are as follows: § 25-2-899 - FENCES AS ACCESSORY USES. six feet or a maximum height of 7 feet. Requested variance: a maximum height of 8 feet. (D) …a solid fence constructed along a property line may not exceed an average height of (E) A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official… Requested variance: if a owner E-2/11(F) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. Requested variance: on or as near as possible to the property line. We respectfully request approval for the requested variances to allow the 8ft. fence to remain. Thank you, A. Ron Thrower E-2/12E-2/13E-2/14E-2/15E-2/16E-2/17E-2/18E-2/19E-2/20E-2/21E-2/22E-2/23E-2/24E-2/25E-2/26E-2/27E-2/28E-2/29E-2/30E-2/31E-2/32E-2/33