F-3 C15-2021-0101 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday February 14, 2022 CASE NUMBER: C15-2021-0101 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Barbara Mcarthur ___-____Rahm McDaniel OUT ___N____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) APPLICANT: Michael Whellan OWNER: 201 E Koenig Ln, LTD. (Donald Reece) ADDRESS: 201 and 403 KOENIG LN/5613 Avenue F (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) 60 feet (requested) (C) (3) to increase allowed height from 40 feet plus one foot for each 10 feet of distance b) in excess of 100 feet from the property zoned SF-5 or more restrictive (maximum allowed) to 60 feet (requested) in order to erect a Vertical Mixed-use project with on-site affordable units and one acre of on-site, developed parkland in a “CS-MU-V-CO-NP”, General Commercial Services-Mixed Use-Vertical Mixed Use-Conditional Overlay – Neighborhood Plan zoning district. (North Loop Neighborhood Plan) Note: The Land Development Code Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (C) (3) for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. BOARD’S DECISION: BOA DEC 13, 2021 MEETING Madam Chair Jessica Cohen motions to Postpone the remaining cases to January 10, 2022 at City Hall due to technical difficulties –internet issues; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO JANUARY 10, 2022 DUE TO TECHNICAL DIFFICULTIES- INTERNET ISSUES; Jan 10, 2022 BOA meeting cancelled due to not having a quorum present at meeting, case will auto be scheduled and re-notified to February 14, 2021; Feb 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve; Board Member Michael Von Ohlen seconds on a 9-2 vote (Board members Barbara Mcarthur and Darryl Pruett nay); GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the site is uniquely constrained by water-lines, public utility, telecoms easements, on-site trees, power line setback, the site’s proximity to railroad crossing (to the east) and the Avenue F/Koenig Lane intersection (to the west), odd configuration site and having compatibility come up on both sides is very difficult to design the site, and provide Parkland with ample affordable housing. 2. (a) The hardship for which the variance is requested is unique to the property in that: with easement utilities and it’s odd configuration to make all work would be a unique situation. (b) The hardship is not general to the area in which the property is located because: not all properties have this configuration nor many easements with power lines and railroads and TDOT frontage, its odd to all al these on to a property. 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: they got support from the North Loop Neigh Assn and coming into an agreement with Parks and Recreation Dept. to provide open space and provide Vertical Mixed Use project within an Image Austin Center and along Transit Priority Network. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for