E-2 C15-2021-0055 ADV PACKET — original pdf
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CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 CASE NUMBER: C15-2021-0055 DATE: Monday August 9 2021 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (out – no show) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Ruben Valdez ADDRESS: 1206 W OLTORF ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 25 feet (required) to 0 feet (requested) in order to maintain a Carport and Covered Entry in a “SF-6-NP”, Single-Family-Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO AUGUST 9, 2021. Aug 9, 2021 POSTPONED TO September 13, 2021 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: E-2/1 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 Chairman forE-2/2 *** External Email - Exercise Caution *** From: To: Subject: Date: RUBEN VALDES Ramirez, Elaine C# 2021-015186- 1206 W Oltorf Street Thursday, August 26, 2021 12:37:09 PM Please withdraw my application for this variance. C# 2021-015186- 1206 W Oltorf Street Hi Elaine, Thank you Ruben D. Valdes, EA, USTCP Enrolled Agent Admitted to represent Taxpayers before the IRS United States Tax Court Practitioner Member of the Bar, United States Tax Court Tax Professionals of Austin LLC 212 W Stassney Lane Austin, TX 78745 t: 512-676-0736 w CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-2/3 CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0055 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___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) OWNER/APPLICANT: Ruben Valdez ADDRESS: 1206 W OLTORF ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 25 feet (required) to 0 feet (requested) in -Family-Neighborhood -6- Plan zoning district (Bouldin Creek Neighborhood Plan). Cohen, Board Member Melissa Hawthorne motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO AUGUST 9, 2021. June 14, 2021 The public hearing was closed by Chair Jessica 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 ____________________________ Diana Ramirez for Jessica Cohen Chairman E-2/4 From: To: Cc: Subject: Date: Attachments: RUBEN VALDES Ramirez, Elaine Ramirez, Diana Re: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Friday, July 30, 2021 3:01:54 PM image003.png image004.png *** External Email - Exercise Caution *** I wanted to request if I can postpone my hearing to the following month. I have been struggling with Covid and still not doing to well. Hello Elaine, Thank you Ruben D. Valdes, EA, USTCP Enrolled Agent Admitted to represent Taxpayers before the IRS United States Tax Court Practitioner Member of the Bar, United States Tax Court Tax Professionals of Austin LLC 212 W Stassney Lane Austin, TX 78745 t: 512-676-0736 e: From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Friday, July 30, 2021 6:54 AM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Good morning Applicants on the Mon. August 9th, 2021 BOA mtg. Agenda, If you are receiving this message it is because I have not received your Presentation for the August 9, 2021 BOA mtg. The deadline is Mon. 8/2 before 3p.m. Regardless if you went before the Board last month or previous months, I will still need to receive a Presentation for your case, if you will be presenting one to the Board each month. E-2/5 Please read this entire e-mail The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is Monday, August 2nd, before 3p.m. Presentation: If you would like the Board to follow along with you as you are giving your presentation (slides of what you want the Board to follow along with as you are giving your 5 minute speech on the case), you will need to have your Presentation completed and sent to me in PDF format or PowerPoint to give to our City Technician as well as our BOA Board will have access to view this the week prior to the meeting . The Deadline for this is Monday, August 2nd, before 3p.m. No late Presentations or updated Presentations will be accepted after 3p.m. on Mon. August 2nd. The Presentation will need to be labeled with the following information: case #, address of project and name of Applicant speaking at the meeting. August 9th BOA Deadlines Please make sure that when submitting the Advanced Packet and the Presentation that each is labeled as such The deadline to submit information for the Advanced Packet (must be submitted in PDF format) is Friday, July 23rd, before 3p.m. The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is Monday, August 2nd, before 3p.m. The deadline to submit Speaker Information (who will speak at the meeting and/or available for questions) is Tuesday, August 3rd, before 3p.m. The deadline for Opposition and Support letters is Mon. August 9th, before 9:00a.m. Applicant Speaker Registration: If you will be speaking/giving presentation or be on the list for the Board to possibly call on you for questions I will need the following information: No late Speakers will be accepted after 3p.m. on Tues. August 3rd. 1. Name of speaker (Primary) to give presentation on BOA Case, are you the applicant, Homeowner, Land Surveyor, Architect, etc. I will need the primary speaker listed as Primary. 2. Addtl. possible Speakers name(s) and who they are 3. Address of BOA Case E-2/6 4. Case # 5. A good phone number, if you have a landline this will be the best phone number to provide? It has to be the phone number that the Speaker will be calling from on Monday August 9th, 2021 to speak at the meeting (it cannot be a different number, your call will not be accepted). Once you send me the number it cannot be changed, it is sent to City Clerk’s office to accept the calls 6. E-mail Address, it will need to be an e-mail address that the Speaker will be able to easily access his/her e-mails? Please note: Any late support that will be accepted after this deadline date of July 23rd, 2021 will only be for Opposition and Support letters for this case. Support and Opposition Letters can be received up to Monday, August 9th, before 9a.m. in order for the Board to have access to them during the meeting. Anything after the deadline will not be viewed by the Board but will be added to the BCIC website. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 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 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-2/7 E-2/8 E-2/9 E-2/10 BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0055 BOA DATE: June 14th, 2021 ADDRESS: 1206 W Oltorf St OWNER: Ruben Valdez COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-6-NP (Bouldin Creek) LEGAL DESCRIPTION: LOT 5 BLK A SOUTHWOOD SEC 1 VARIANCE REQUEST: decrease minimum front yard setback from 25 ft. to 0 ft. SUMMARY: maintain a carport and covered entry ISSUES: heritage tree, crime on the rise in the area ZONING LAND USES Site SF-6-NP North MF-3-NP South East West SF-3 SF-6-NP SF-6-NP Single-Family Multi-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bouldin Creek Neighborhood Association Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition E-2/11 June 3, 2021 RUBEN VALDES 1206 W Oltorf St Austin TX, 78704 Re: C15-2021-0055 Dear Ruben, Property Description: LOT 5 BLK A SOUTHWOOD SEC 1 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; from setback requirements to decrease the minimum Section 25-2-492 Front Yard Setback from 25 feet (required) to 0 feet (requested) in order to maintain a Carport and Covered Entry in a “SF-6-NP”, Single-Family-Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). Austin Energy does not oppose the requested front yard setback variance, 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-2/12 E-2/13 E-2/14 E-2/15 E-2/16 E-2/17 E-2/18 E-2/19 From: Sent: To: Ramirez, Elaine Subject: Case15-2021-0055 Thursday, June 10, 2021 12:47 PM *** External Email - Exercise Caution *** My name is Annabelle Valle. I am Power of Attorney for Joe Bobby Eurebia who lives at 1211 Southwood Rd. Mr Eurebia is a disabled individual with a mental disability. As his representative, I feel that he would not object to the proposed variance. Any improvement to a home in his neighborhood should also benefit him. So I do not want to voice any opposition to this request. If you have any questions, please feel free to call me at (512) 587-4860. Thank you. Annabelle Valle POA for Joe Bobby Eurebia CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-2/20