Board of AdjustmentOct. 11, 2021

F-2 C15-2021-0062 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday August 9, 2021 CASE NUMBER: C15-2021-0062 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Christen Steen ADDRESS: 3401 RIVERCREST DR VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 48 percent (requested), (53% existing) (b) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more than 25 percent from 10 percent (allowed) to 49 percent (requested), (54.25% existing) (c) increase the maximum impervious cover on a slope with a gradient of more than 25 percent and not more than 35 percent from 5 percent (allowed) to 18 percent (requested), (4.41% existing) (d) increase maximum impervious cover on a slope gradient greater than 35 percent to 3 percent (requested), (0.83% existing) in order to erect a Single-Family + associated improvements in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on January 4, 1965 F-2/1 The overall change in IC is from 21.51% to a proposed 20.89% IC, or 8,084 SF IC to 7,883 SF IC, when calculated on a gross lot area basis. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021; Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to October 11, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO October 11, 2021. 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 Chair forF-2/2 CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0062 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Christen Steen ADDRESS: 3401 RIVERCREST DR increase the maximum impervious cover on a slope with a gradient of 15 percent or less increase the maximum impervious cover on a slope with a gradient of 15 percent and not VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 48 percent (requested), (53% existing) (b) more than 25 percent from 10 percent (allowed) to 49 percent (requested), (54.25% existing) (c) increase the maximum impervious cover on a slope with a gradient of more than 25 percent and not more than 35 percent from 5 percent (allowed) to 18 percent (requested), (4.41% existing) (d) percent (requested), (0.83% existing) in order to erect a Single-Family + associated improvements in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on January 4, 1965 increase maximum impervious cover on a slope gradient greater than 35 percent to 3 The overall change in IC is from 21.51% to a proposed 20.89% IC, or 8,084 SF IC to 7,883 SF IC, when calculated on a gross lot area basis. F-2/3 BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021 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 Chair F-2/4 July 9, 2021 Jennifer Hanlen 3401 Rivercrest Dr Austin TX, 78746 Re: C15-2021-0062 Dear Jennifer, Property Description: LOT 4&5 BLK D RIVERCREST ADDN SEC 2 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variance(s) from Land Development Code Section 25-2- 551 (Lake Austin District Regulations) to exceed the allowable impervious surface percentages. Austin Energy does not oppose the request, provided that 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 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. Joseph Beeler, Planner I Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602 F-2/5 BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0062 BOA DATE: July 12th, 2021 ADDRESS: 3401 Rivercrest Dr OWNER: Christen Steen COUNCIL DISTRICT: 10 AGENT: David Cancialosi ZONING: LA LEGAL DESCRIPTION: LOT 4&5 BLK D RIVERCREST ADDN SEC 2 VARIANCE REQUEST: increase impervious cover SUMMARY: erect Single-Family + associated improvements ISSUES: slope issues; site platted under Rivercrest Sec. 2 in the mid 1960’s ZONING LAND USES Site LA North LA South LA LA East LA West Lake Austin Lake Austin Lake Austin Lake Austin Lake Austin NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets BRNA ASSOCIATION INC. City of Rollingwood Friends of Austin Neighborhoods Glenlake Neighborhood Association Save Our Springs Alliance Sierra Club, Austin Regional Group TNR – BCP – Travis County Natural Resources The Creek at Riverbend Neighborhood Association F-2/6 R O B BIN S RIVERCREST LEP R E C H A U N T R O L L H A V E N PIXIE ELFLAND H IL L B IL L Y Y N N U B ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0062 3401 RIVERCREST DR 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 " = 235 ' 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. F-2/7 CITY OF AUSTIN Development Services Department One Texas Center | Phone: 512.978.4000 505 Barton Springs Road, Austin, Texas 78704 Board of Adjustment General/Parking 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. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # ROW # Tax # Section 1: Applicant Statement Street Address 3401 Rivercrest Dr Subdivision Legal Description: Lot 4-5 Rivercrest Addition Sec. 2 Lot(s): Outlot: Zoning District: LA – Lake Austin _ Block(s): _ Division: I/We David C. Cancialosi on behalf of myself/ourselves as authorized agent for Christen Steen affirm that on Month May , Day 27 , Year 2021 , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): X Erect Attach Complete Remodel X Maintain Type of Structure: single-family structure + associated improvements ERECT (REPLACE concrete) Other: F-2/8 Portion of the City of Austin Land Development Code applicant is seeking a variance from: LDC 25-2-551: 1) from 53% IC in the 0-15% slope to 48% IC, 2) from 54.25% in the 15-25% slope to 49% IC, 3) from 4.41% in the 25-35% slope to 18% IC, and 4) from 0.83% in the 35%+ slope to 3% IC. The overall change in IC is from 21.51% to a proposed 20.89% IC, or 8,084 SF IC to 7,883 SF IC, when calculated on a gross lot area basis. Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: The LA zoning category was created via ordinance No. 840913-S and effectively amended zoning Chapter 13-2 by capturing all land 500’ landward of the 504.9’ contour line. The Ordinance either newly zoned or rezoned most parcels to Lake Austin (LA) zoning category. This Ordinance was signed into effect 9/13/1984. The regulations were passed in 1984, then written into code using language that backdated the regulations several years prior to arbitrarily capture parcels along the lake and separate them into two development categories – mainly these being pre and post 1982 standards. The LA zoning category was assigned to properties regardless of their compliance with LA zoning site requirements such as 100’ of lot width being present or not, or whether a lot or tract was a minimum of one acre in size as also required by the LA zoning site performance standards. Some of those lots that could not comply were zoned SF-2 and remain as such today; thus, the vast majority of lake front (and non lake front) properties were zoned from “A” First Height and Residential District under zoning code Chapter 13-1 to the currently applicable 25-2-551, Lake Austin Zoning. The ordinance has been in effect almost 40 years as of now. Because Section 2 of Rivercrest Subdivision was platted in the 1960’s under City zoning Chapter 44, it is completely reasonable to allow the site a replacement residence with typical single-family accessory uses such as pool, deck, garage, and so forth. The applicant requests the Board consider this application and approve it as a reasonable request necessary to redevelop the site. F-2/9 a) The hardship is not general to the area in which the property is located because: There is no other lot in the area which has been encumbered in this manner via slope, safety concerns, and non-compliance to this degree. b) Hardship: The site was platted under Rivercrest section 2 in the mid 1960’s. No slope category or site regulations existed in the manner in which they do today under The Land Development Code, specifically section 25-2-551 Lake Austin zoning category. This zoning change from “A” to “LA” by the city is a hardship in that the site was automatically undevelopable without a variance from certain regulations. The house was built in 2006 via City-approved permits. Those permits were issue erroneously in terms of the how the impervious cover was calculated. The impervious cover was not calculated in accordance with LDC 25-2-551, Lake Austin zoning performance standards. They were, however, calculated using gross lot area and not per slope, i.e., 0-15%, 15-25%, 25-35%, 35%+ slope categories which allow a relative amount of impervious in each slope category. The current request proposes to reduce the impervious cover from 53% in the 0-15% slope to 48%, from 54.25% in the 15-25% slope to 49%, from 4.41% in the 25-35% slope to 18%, and from .83% in the 35%+ slope to 3%. This change in IC is from 21.51% to a proposed 20.89% impervious coverage, or 8,084 SF IC to 7,883 SF IC when calculated on a gross lot area basis. The driveway easement is definitive hardship that requires 1,500+ SF of IC. The septic placement is requiring a significant amount of retaining walls stretching from the build site down to the street due to the topography of the site. The 37,000+ SF lot has 57% of unbuildable space. The only flat part is the existing foundation and parking areas. When the 2006 and 2007 permits were incorrectly issued by the city then said permits were finaled by the field inspectors, the issues we are addressing via this request before you were permanently created for the site. 1) Permits issued in error, 2) non-compliant building sites, 3) substandard lot size, 4) taxed but unbuildable land, and 5) eroding integrity of existing on-site structures cumulatively contribute to a handful of substantive, legitimate hardships. The owner requests the Board’s assistance by way of granting the requested variances so the site may be properly restored to one of beauty but also structural integrity and safety. By doing so the Board would not be out of character with prior approvals for almost a dozen other sites located in the Rivercrest neighborhood, all facing similar if not exact hardships. We ask you find the same for this site as well. This gross lot area calculation is how the impervious coverage was contemplated as part of the intended single- family development when the mid-1960’s Rivercrest subdivision was approved by Travis county and / or city of Austin. F-2/10 Area Character 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: The proposed remodel will be in keeping with the surrounding homes along Rivercrest Dr. No adverse impacts will be imposed on surrounding properties. Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: F-2/11 Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: Date: 09/15/2020 Applicant Name (typed or printed): David C. Cancialosi Applicant Mailing Address: 300 E. Highland Mall Blvd #207 City: Austin State: TX Zip: 78751 Phone (will be public information): (512) 593-5361 Email (optional – will be public information): Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Date: 5/1/2021 City: Austin State: TX Zip: 78746 Owner Signature: Christen Steen Owner Name (typed or printed): Christen Steen Owner Mailing Address: 3401 Rivercrest Dr Phone (will be public information): Email (optional – will be public information): Section 5: Agent Information Agent Name: Agent is applicant Agent Mailing Address: City: Phone (will be public information): Email (optional – will be public information): State: Zip: Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). F-2/12 From the office of: PERMIT PARTNERS, LLC 300 E. Highland Mall Blvd, Ste. 207 Austin, Texas 78752 David C. Cancialosi 512.593.5368 April 1, 2020 City of Austin c/o Elaine Ramirez Board of Adjustment One Texas Center 505 Barton Springs Austin, Texas 78704 RE: Variance request to maintain and reduce impervious cover at 3401 Rivercrest Dr. Dear Board of Adjustment Commissioners, My client is seeking a variance to maintain a single-family residence built in 2006 era. The residence is located in the Rivercrest subdivision located along the banks of Lake Austin. The neighborhood was platted in the mid 1960’s and a majority of the lots are non-compliant with respect to Lake Austin zoning as a result of the development occurring prior to the City’s blanket application of LA zoning to the neighborhood in the mid 1980’s. The house in question is not along the main body of the lake and has zero water frontage. It is on a steep hill with the flat area atop it supporting the existing house and associated improvements. The house spans two lots – lots 4 & 5 Rivercrest Addition Section 2. The combined acreage of lots 4 and 5 is 37,400 SF. Despite both lots being used as one single-family development they remain substandard to LA zoning requirement of 1 acre minimum Each lot 4 and lot 5 being of substandard size independently, the combined lot size is 37,400 SF, yet 21,490, or 57%, of the lot contains slope in excess of 35%. Regardless the city issued permit #2006-002550 for new construction of a two story house and covered wood decks with associated improvements. That permit issuance was completely erroneous and started a slew of problems passed from one owner to the next as the house continually required maintenance. The city approved a gross area calculation of 16.2% IC vs. the required per slope IC calculations which had been the required method of calculation since 1984 and remain as such to this day. The city compounded its error by again issuing permit approval for an accessory structure in 2007. That approved pool application confirmed 16,000+ SF IC was allowed on-site. Both applications note a 1,300 SF driveway that crosses the lot. The driveway takes access from Rivercrest Dr. and serves a number of houses on located beyond this house and on the same side of the street. Most of these houses only access is from the rear of their homes via this driveway. Some do have front parking along Rivercrest Dr. but not all. The driveway cannot be removed as it is an access easement utilized by multiple parties. Yet, it counts as impervious coverage against this property. In sum, the multiple retaining walls found throughout the hillside are in need of repair; the driveway easement cannot be removed; the site is substantially encumbered by excessive 35% slopes; and prior issuance of city permits clearly exacerbates the existing impervious coverage numbers. From a gross area IC calculation perspective, the owner proposes less than ½ the impervious coverage than what the city stated was allowed in the 2006 and 2007 permit approvals. The request before you is to reduce the degree of non-compliance while bring significant structural components of the site into compliance so as to avoid a hillside failure or similar damage to the house or those around it. This will be done via light redevelopment of the existing house and parking area into a garage, pool remodel, new hardscape, and other accessory improvements F-2/13 A single-family residential use with associated accessory uses on a LA zoned lot is reasonable and in keeping with the stated allowances in the land development code. This use was contemplated when the original Rivercrest Section 2 plat was approved. Reasonable Use Hardship The house was built in 2006 via City-approved permits. Those permits were issued erroneously in terms of the how the impervious cover was calculated. The impervious cover was not calculated in accordance with LDC 25- 2-551, Lake Austin zoning performance standards. They were, however, calculated using gross lot area and not per slope, i.e., 0-15%, 15-25%, 25-35%, 35%+ slope categories which allow a relative amount of impervious in each slope category. Now, to perform any work on the site my client bears the burden of mistakes not created by her. The remedies are too great to perform without assistance from the BOA and the variances are necessary to utilize the property as originally intended then permitted for by the City. The current request proposes to reduce the impervious cover from 53% in the 0-15% slope to 48%, from 54.25% in the 15-25% slope to 49%, from 4.41% in the 25-35% slope to 18%, and from .83% in the 35%+ slope to 3%. This change in IC is from 21.51% to a proposed 20.89% impervious coverage, or 8,084 SF IC to 7,883 SF IC when calculated on a gross lot area basis. The driveway easement is definitive hardship that requires 1,500+ SF of IC. This is out of my client’s control. The septic placement is requiring a significant amount of retaining walls stretching from the build site down to the street due to the topography of the site. This also exacerbates the impervious cover for the steep topography on the lot. The 37,000+ SF (combined) lot has 57% of unbuildable space. The only flat part is the existing foundation and parking areas. This area is supported by retaining walls, which are failing and need to be replaced and relocated. When the 2006 and 2007 permits were incorrectly issued by the city then said permits were finaled by the field inspectors, the issues we are addressing via this request before you were permanently created for the site. Permits issued in error, non-compliant building sites, substandard lot size, taxed but unbuildable land, and eroding building integrity of existing on-site structures cumulatively contribute to a handful of substantive, legitimate hardships. The owner requests the Board’s assistance by way of granting the requested variances so the site may be properly restored to one of beauty but structural integrity and safety typically found throughout the Rivercrest neighborhood. Not General to the Area Area of Character There are no known lots in the area with this specific issue. The proposed remodel will be in keeping with the surrounding homes along Rivercrest Dr. No adverse impacts will be imposed on surrounding properties. The overall impervious coverage is being reduced while the structural integrity and infrastructure of the site is being vastly improved. Please find the remainder of the application packet and findings attached. Sincerely, David C. Cancialosi, Agent for Owner 2 F-2/14 F-2/15 F-2/16 F-2/17 F-2/18 F-2/19 F-2/20 F-2/21 F-2/22 F-2/23 F-2/24 F-2/25 F-2/26 3401 RIVERCREST DRIVE Case #C15-2021-0062 F-2/27 VARIANCE REQUEST – 3401 RIVERCREST Portion of the City of Austin Land Development Code applicant is seeking a variance from: -LDC 25-2-551 Propose to amend the impervious cover: • • • • from 53% in the 0-15% slope to 48%, from 54.25% in the 15-25% slope to 49% from 4.41% in the 25-35% slope to 18%, and from .83% in the35%+ slope to 3%. This change in IC is from 21.51% to a proposed 20.89% impervious coverage, or 8,084 SF IC to 7,883 SF IC when calculated on a gross lot area basis. F-2/28 3401 RIVERCREST F-2/29 3401 RIVERCREST F-2/30 3401 RIVERCREST F-2/31 3401 RIVERCREST F-2/32 3401 RIVERCREST F-2/33 3401 RIVERCREST F-2/34 3401 RIVERCREST F-2/35 3401 RIVERCREST F-2/36 3401 RIVERCREST F-2/37 3401 RIVERCREST F-2/38 3401 RIVERCREST F-2/39 3401 RIVERCREST F-2/40 3401 RIVERCREST F-2/41 3401 RIVERCREST F-2/42 VARIANCE REQUEST F-2/43 3401 RIVERCREST F-2/44 3401 RIVERCREST F-2/45 3401 RIVERCREST F-2/46 3401 RIVERCREST F-2/47 3401 RIVERCREST F-2/48 3401 RIVERCREST F-2/49 3401 RIVERCREST F-2/50 3401 RIVERCREST F-2/51 3401 RIVERCREST F-2/52 3401 RIVERCREST F-2/53 THANK YOU F-2/54 - i Z 5 L E E R i i i Q v > 9 L e C f i J a ; i F-2/55 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject property or proposed development; is the record owner of property within 500 feet of the subject property or proposed development; or is an officer of an environmental or neighborhood organization that has an interest in or whose declared boundaries are within 500 feet of the subject property or proposed development. A notice of appeal must be filed with the director of the responsible department no later than 10 days after the decision. An appeal form may be available from the responsible department. For additional information on the City of Austin’s land development process, visit our web site: www.austintexas.gov/devservices. If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov F-2/56 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject property or proposed development; is the record owner of property within 500 feet of the subject property or proposed development; or is an officer of an environmental or neighborhood organization that has an interest in or whose declared boundaries are within 500 feet of the subject property or proposed development. A notice of appeal must be filed with the director of the responsible department no later than 10 days after the decision. An appeal form may be available from the responsible department. For additional information on the City of Austin’s land development process, visit our web site: www.austintexas.gov/devservices. If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov F-2/57 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject property or proposed development; is the record owner of property within 500 feet of the subject property or proposed development; or is an officer of an environmental or neighborhood organization that has an interest in or whose declared boundaries are within 500 feet of the subject property or proposed development. A notice of appeal must be filed with the director of the responsible department no later than 10 days after the decision. An appeal form may be available from the responsible department. For additional information on the City of Austin’s land development process, visit our web site: www.austintexas.gov/devservices. If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov F-2/58 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject property or proposed development; is the record owner of property within 500 feet of the subject property or proposed development; or is an officer of an environmental or neighborhood organization that has an interest in or whose declared boundaries are within 500 feet of the subject property or proposed development. A notice of appeal must be filed with the director of the responsible department no later than 10 days after the decision. An appeal form may be available from the responsible department. For additional information on the City of Austin’s land development process, visit our web site: www.austintexas.gov/devservices. If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov F-2/59 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject property or proposed development; is the record owner of property within 500 feet of the subject property or proposed development; or is an officer of an environmental or neighborhood organization that has an interest in or whose declared boundaries are within 500 feet of the subject property or proposed development. A notice of appeal must be filed with the director of the responsible department no later than 10 days after the decision. An appeal form may be available from the responsible department. For additional information on the City of Austin’s land development process, visit our web site: www.austintexas.gov/devservices. If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov F-2/60 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject property or proposed development; is the record owner of property within 500 feet of the subject property or proposed development; or is an officer of an environmental or neighborhood organization that has an interest in or whose declared boundaries are within 500 feet of the subject property or proposed development. A notice of appeal must be filed with the director of the responsible department no later than 10 days after the decision. An appeal form may be available from the responsible department. For additional information on the City of Austin’s land development process, visit our web site: www.austintexas.gov/devservices. If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov F-2/61 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject property or proposed development; is the record owner of property within 500 feet of the subject property or proposed development; or is an officer of an environmental or neighborhood organization that has an interest in or whose declared boundaries are within 500 feet of the subject property or proposed development. A notice of appeal must be filed with the director of the responsible department no later than 10 days after the decision. An appeal form may be available from the responsible department. For additional information on the City of Austin’s land development process, visit our web site: www.austintexas.gov/devservices. If you use this form to comment, it must currently be returned via e- mail (as we do not have access to our mail due to COVID-19 and social distancing) to: Elaine Ramirez Scan & Email to: elaine.ramirez@austintexas.gov F-2/62 Ramirez, Elaine From: Sent: To: Cc: Subject: Kasey Jaegers Monday, July 12, 2021 1:30 PM Ramirez, Elaine Jennifer Hanlen 3401 Rivercrest Dr. - Postponement *** External Email - Exercise Caution *** Hi Elaine, David is involved in some type of family emergency and will not be able to attend the hearing this evening. We will need to postpone the case until the August agenda. Please confirm receipt of this email. We apologize for any inconvenience. 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. 1 F-2/63