D-1 C15-2021-0057 DENIED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0057 ___N____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Rahm McDaniel ___Y____Darryl Pruett ___N____Agustina Rodriguez ___-____ Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____ Carrie Waller (Alternate) ___-____ Vacant (Alternate) APPLICANT: Stuart Sampley OWNER: Bryan and Laura Burkhart ADDRESS: 2000 PEACH TREE ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height of six (6) feet or a maximum height of seven (7) feet (required) for a solid fence along the property line in order to maintain a seven (7) foot (requested) tall masonry, wood, steel fence along Bluebonnet St and Peach Tree Street in a “SF-3”, Single-Family Residence zoning district. 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. BOARD’S DECISION: BOA DEC 13, 2021 MEETING The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Deny; Board Member Brooke Bailey seconds on a 7-4 vote (Board members Thomas Ates, Jessica Cohen, Rahm McDaniel, Agustina Rodriguez nay); DENIED. 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 for