Agenda — original pdf

Agenda

AGENDA BOARD OF ADJUSTMENT April 11, 2022 at 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Sunday, April 10, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Rahm McDaniel ___Darryl Pruett EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CALL TO ORDER ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate)  B. C. PUBLIC COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval March 14, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes; Item A-1 addendum DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2021-0003 Michael Gaudini for Timothy Finley 2552 Guadalupe Street On-Line Link: Item C-1 PART1, PART2; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: a) (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. b) (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side c) (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building. (G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted. (H) A sign may not be illuminated or contain electronic images or moving parts. C-2 C16-2022-0001 Esteban Arrieta for Eames Gilmore 10107 Research Boulevard SVBD On-Line Link: Item C-2; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (3) The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign C-3 C16-2022-0002 Clay Hardman for Campus Investors Austin, LP 2323 San Antonio Street On-Line Link: Item C-3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of a blade sign in order to provide signage for The Castilian in a “CS-1-NP & CS-NP”, General Commercial Services - Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (H) states a sign may not be illuminated or contain electronic images or moving parts VARIANCES NEW PUBLIC HEARINGS D-1 C15-2022-0025 Karen McGraw for Suzannah Cox 3709 Cedar Street On-Line Link: Item D-1; PRESENTATION D. The applicant is requesting a variance(s) from the North University NCCD Ord. #040826-058, PART 7(Residential District) from: a) lot width requirements to decrease the minimum lot width from 50 feet (required) to 41 feet (requested) in order to allow a Two-Family residential use and setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 3 feet (requested) in order to erect a detached garage in an “SF- 3-NCCD-NP”, Single-Family Residence-Neighborhood Conservation Combining District Neighborhood Plan zoning district. (North University NCCD Neighborhood Plan). b) Note: (1st variance request) Ordinance No. 20110804-040 Part 3 (5) (b) Allows Two- Family use on a lot at least 5,750 square feet. The existing lot is 41 feet wide and contains 6,636 square feet. (2nd variance request) North University NCCD No. 040826-058 Part 7 (3) (d) a noncomplying accessory building may be reconstructed at its existing location, but may not be less than 3 feet from the rear and interior side property lines. The owner requests to remove the existing garage and replace it with a new garage 3 feet from the south property line – not on its existing location. D-2 C15-2022-0026 Michele Rogerson Lynch for Lennar-Kevin Pape 7236 & 7240 Dancing Wind Lane On-Line Link: Item D-2; PRESENTATION 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 16.5 feet (requested) for each lot in order to erect a Single-Family attached residence in a “MF-2”, Multi-Family zoning district. D-3 C15-2022-0028 Michele Rogerson Lynch for Lennar-Kevin Pape 7125 & 7129 Dancing Wind Lane On-Line Link: Item D-3; PRESENTATION 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 20.5 feet (requested) for each lot in order to erect a Single-Family attached residence in a “MF-2”, Multi-Family zoning district.  D-4 C15-2022-0032 David Cancialosi for Cody Stavig 2904 Rivercrest Drive On-Line Link: Item D-4; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code, Section(s): a) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 25 feet (requested) and b) 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height from 23 feet 8 inches (allowed) to 24 feet 1 inch (requested) in order to remodel an existing non-complying Single-Family residence in a “LA”, Lake Austin zoning district. Note: Land Development Code, Section 25-2-963 (E) A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if: (1) the increase is made to a portion of the building that: (b) complies with the yard setback requirements of this title. VARIANCES PREVIOUS POSTPONEMENTS E-1 C15-2021-0100 Ian Ellis 1003 Kinney Avenue On-line Link: Item E-1 PART1, PART2, PART3; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code: Section 25- 2-943 (B) (2) (a) (Substandard Lot) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,464 square feet (requested), (TCAD records show 5,740 sq. ft.) in order to erect a Single-Family residence with a Pool in a “SF-3”, Single-Family zoning district. Note: 25-2-943 SUBSTANDARD LOT (B) A substandard lot may be used for a single- family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (2) A substandard lot recorded in the county real property records after March 14, 1946 must: (a) have an area of not less than 5,750 square feet. E.  E-2 C15-2022-0011 Jonathan Kaplan for David Scott Kosch 2715 Long Bow Trail On-Line Link: Item E-2 PART1, PART2; NO PRESENTATION 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 40 percent (requested) (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 40 percent (requested) (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 40 percent (requested) (d) increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 percent (requested), in order to complete a Single-Family residence 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 November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. E-3 C15-2022-0012 Jonathan Kaplan for David Scott Kosch 2717 Long Bow Trail On-Line Link: Item E-3; NO PRESENTATION 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 40 percent (requested)  (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 40 percent (requested) (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 40 percent (requested) (d) increase the maximum impervious cover on a slope gradient greater than 35 percent to 27 percent (requested), in order to complete a Single-Family residence 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 November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. E-4 C15-2022-0018 Jason McNair for Paul Smith 54 Anthony Street On-Line Link: Item E-4 PART1, PART2; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code, a) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 25 feet (required) to 10.3 feet (requested) b) Section 25-2-943 (Substandard Lot) (B) (1) (a) to decrease the minimum Lot Size requirements from 4,000 square feet (required) to 3,380 square feet (requested) in order to erect a Single-Family residence with an attached garage in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan) Note: 25-2-943 SUBSTANDARD LOT (B) A substandard lot may be used for a single- family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (1) A substandard lot recorded in the county real property records before March 14, 1946 must: (a) have an area of not less than 4,000 square feet; and (b) be not less than 33 feet wide at the street or at the building line, or have access to a street by an easement that is: (i) not less than  ten feet wide if it serves one lot, or not less than 18 feet wide if it serves more than one lot; (ii) not more than 150 feet in length; and (iii) maintained for access by the property owner. E-5 C15-2022-0019 Andrew Ryan Thompson 607 E 49th Street On-Line Link: Item E-5; PRESENTATION The applicant is requesting variance(s) from the Land Development Code, a) Section 25-2-774 (Two-Family Residential Use) (C) (5) (b) from 550 square feet on the second story (maximum allowed), to 864 square feet (requested) b) Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 45.7% (requested) in order to remodel an existing detached Two-Family residential structure in an “SF-3-NCCD-NP”, Single-Family Residence-Neighborhood Conservation Combining District Neighborhood Plan zoning district. (North Hyde Park NCCD Neighborhood Plan) Note: Per LDC 25-2-774 TWO FAMILY RESIDENTIAL USE (C) The second dwelling unit: (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. Per Subchapter F: The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured using gross floor area as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of Section 25-1-22 (Measurements). E-6 C15-2022-0021 Bhavani Singal for Heidi Lew 3701 Robbins Road On-Line Link: Item E-6 PART1, PART2; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code, Section(s): 1. the minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease 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), (58% 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 14 percent (requested), (4% existing) in order to erect a new two story Single-Family residence 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. F. NEW BUSINESS F-1 Discussion of the March 14, 2022 Board activity report On-Line Link: Item F-1 F-2 Discussion and possible action regarding Election of Officers F-3 Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP). On Line Link: Item F-3 - https://www.austintexas.gov/department/city- council/2021/20211014-reg.htm#045 F-4 Discussion and possible action to form a BOA Workgroup to review and propose changes to BOA Appeals (including, but not limited to, process and fees) On-Line Link: Item F-4 F-5 Discussion and possible action regarding to hybrid meetings (in-person/virtual) F-6 Announcements  F-7 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days before the meeting date. Please call or email Board Liaison Elaine Ramirez, Development Services, at 512-974-2202 / elaine.ramirez@austintexas.gov or Board Secretary Diana Ramirez, Development Services, at 512-974-2241 / diana.ramirez@austintexas.gov , for additional information; TTY users route through Relay Texas at 711. For more information on the Board of Adjustment, please contact Board Liaison, Elaine Ramirez, Development Services, at 512-974-2202 / elaine.ramirez@austintexas.gov G.