ITEM10 C15-2022-0060 ADV PACKET 11-14 PART2

Board of Adjustment – Nov. 14, 2022

ITEM10 C15-2022-0060 ADV PACKET 11-14 PART2 — original pdf

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ITEM10/77From: To: Subject: Date: Attachments: Absolute Stornlok Ramirez, Elaine Re: Question about Case Number C15-2022-0060 Thursday, July 07, 2022 4:05:03 PM image001.png *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 7 feet from the eastern property line, and 13 feet from the southern one. I fell that the requested distances are too close to the property border for building, especially the one requesting only 7 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, On Thursday, July 7, 2022 at 03:25:22 PM CDT, Ramirez, Elaine <elaine.ramirez@austintexas.gov> wrote: Kevin Chrane (512) 694-2046 Yes! 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 ITEM10/78From: To: Subject: Date: Ruth Lauer Ramirez, Elaine Written comments C15-2022-0060 for Board of Adjustment meeting Friday, July 08, 2022 3:26:53 PM *** External Email - Exercise Caution *** Ms. Ramirez, Does the Board of Adjustment accept emailed objections? If so, here’s mine. Thanks. Case Number C15-2022-0060. 1609 Matthews Lane, 78745 BoA July 11, 2022 Name. Ruth Lauer Addresses affected. 7309 Forest Wood Rd, 1504A and B Matthews Lane, 78745 Signature Ruth Lauer Date 7/8/22 Daytime telephone 512-228-8523 Comments: I object to the variance requested for 1609 Matthews Lane (C15-20200-00060). Remember as a kid asking for something from your parents but trying to ask them separately? I think CMBH2 is doing that. They didn’t get what they wanted from the ZAP so now they are asking the Board of Adjustment. This property was purchased in March 2021 by CMCBH2 Company LLC. Their initial zoning change request (C14-2021-0056) was opposed by the Matthews Lane Neighborhood Association (MLNA). With the assistance of Ann Kitchen’s office the MF-3 (and 14 homes) request was reduced to MF-2-CO district zoning with the conditional overlay for a maximum of 10 dwelling units, on second and third readings. It was approved at the July 29, 2021 meeting. During the negotiations with the MLNA, CMCBH2 and Ms. Victoria Haase assured Council Member Kitchen’s office and the ZAP that they were excited to build “really nice homes” within the setback and height requirements of MF-2-CO. Nothing was built. Shortly after the July 29, 2021, Council meeting, CMCBH2 put the property (with its new zoning) back on the market along with the building plans. It appears not to have sold and are now a variance is requested on the things they said were just fine a year ago. One of the primary objections to the dense development of this site was the pluvial runoff problem. Decreasing the setbacks will increase this problem on the property, the railroad tracks, and downstream as it drains into Williamson Creek. The current drought makes this hard to imagine but longtime residents in that low lying area have had water in their homes, and the City has bought up many properties along the creek. My other objection is that developers are “playing” the City of Austin and its residents. They have ITEM10/79enough money to pay Ron Thrower and Associates twice to mislead Ann Kitchen’s office, neighbors, planning department staff, the ZAP and now the Board of Adjustment. They are now proposing larger 3 story buildings in an area of primarily one story homes. That is essentially the same as the original MF-3 zoning request, which the ZAP etc worked so hard to mitigate. If CMCBH2 had done their due diligence, then they knew the limitations of the property when they purchased it. I request that the Board of Adjustment deny this request in support of the work done by the ZAP, Ann Kitchen’s office, the planning staff and neighbors. Sent from Mail for Windows 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. ITEM10/80From: To: Subject: Date: Michael Lubitz Ramirez, Elaine Variance requested for 1609 Matthews Lane Saturday, July 09, 2022 8:53:52 AM *** External Email - Exercise Caution *** Ms. Ramírez, I live close to 1609 Matthews Lane at 7708 Forest Wood Road. I want to voice my objection to the variance requested for this property. As I remember from about a year ago, this property was granted a zoning change. Their current request seems like a second chance, a way to chip away from the standards the community expressed and agreed to just one year ago. There are ways to increase density without destroying a neighborhood's character. Please hear me and do your best to deny the current request. Best. Michael Lubitz 512 698-4707 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. ITEM10/81Carmen King Ramirez, Elaine From: To: Cc: Subject: Date: Case Number C15-2022-0060. 1609 Matthews Lane, 78745 BoA July 11, 2022 Monday, July 11, 2022 12:53:47 PM *** External Email - Exercise Caution *** Case Number C15-2022-0060. 1609 Matthews Lane, 78745 BoA July 11, 2022 Name: Carmen & Doug Wehmeier Addresses affected. 7400 Albert Rd, 78745 Signature Date 7/10/22 Daytime telephone 415.290.2721 Comments: I object to the variance requested for 1609 Matthews Lane (C15-20200-00060). Remember as a kid asking for something from your parents but trying to ask them separately? I think CMBH2 is doing that. They didn’t get what they wanted from the ZAP so now they are asking the Board of Adjustment. This property was purchased in March 2021 by CMCBH2 Company LLC. Their initial zoning change request (C14-2021-0056) was opposed by the Matthews Lane Neighborhood Association (MLNA). With the assistance of Ann Kitchen’s office the MF-3 (and 14 homes) request was reduced to MF-2-CO district zoning with the conditional overlay for a maximum of 10 dwelling units, on second and third readings. It was approved at the July 29, 2021 meeting. During the negotiations with the MLNA, CMCBH2 and Ms. Victoria Haase assured Council Member Kitchen’s office and the ZAP that they were excited to build “really nice homes” within the setback and height requirements of MF-2-CO. Nothing was built. Shortly after the July 29, 2021, Council meeting, CMCBH2 put the property (with its new zoning) back on the market along with the building plans. It appears not to have sold and are now a variance is requested on the things they said were just fine a year ago. One of the primary objections to the dense development of this site was the pluvial runoff ITEM10/82problem. Decreasing the setbacks will increase this problem on the property, the railroad tracks, and downstream as it drains into Williamson Creek. The current drought makes this hard to imagine but longtime residents in that low lying area have had water in their homes, and the City has bought up many properties along the creek. My other objection is that developers are “playing” the City of Austin and its residents. They have enough money to pay Ron Thrower and Associates twice to mislead Ann Kitchen’s office, neighbors, planning department staff, the ZAP and now the Board of Adjustment. They are now proposing larger 3 story buildings in an area of primarily one story homes. That is essentially the same as the original MF-3 zoning request, which the ZAP etc worked so hard to mitigate. If CMCBH2 had done their due diligence, then they knew the limitations of the property when they purchased it. I request that the Board of Adjustment deny this request in support of the work done by the ZAP, Ann Kitchen’s office, the planning staff and neighbors. Thank you, -- Carmen Wehmeier (415) 290-2721 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. ITEM10/83Board of Adjustment 1609 Matthews Lane C15-2022-0060 Background to case and discussions between Ms. Haase and the Matthews Lane Neighborhood Association: The parcel was purchased in March 2021 (per TCAD). The Developer requests demolition of single family home and accessory buildings, and a zoning change to MF-3 to build up to 14 condominiums. City staff recommend MF-2 and two-story limit and up to 12 units. The 1609 Matthews Lane Zoning change request (C14-2021-0056) was discussed by the Matthews Lane Neighborhood Association (MLNA) Outreach Group on April 23 and May 14, 2021. The MLNA President, Eugene Sutton, approached Mr. Heimsath to discuss the project and was referred to Ms. Haase. Mr. Sutton contacted Ms. Haase to let her know that the MLNA was requesting a postponement of the case and to invite her to work with us in a non- adversarial way. MLNA began work on a valid petition opposing the zoning change. Ms. Haase joined MLNA Outreach Group meeting on May 21, 2021, via Zoom. She shared images of current zoning and why owner thinks MF-3 is reasonable. MLNA committee stated that we seek a conditional overlay limiting density to 6 single family or duplex units; maximum of two-story; and a sidewalk along Matthews Lane. Our request is consistent with the Imagine Austin plan which puts dense developments along traffic corridors, not in the middle of neighborhoods. Traffic on Matthews Lane is already dangerous for pedestrians, bicycles and vehicles. The property is on low lying ground and subject to flooding (photos attached). The proximity to the railroad and heritage trees also restrict density. There are over 200 new homes going into the MLNA area, many are high-end condominium style homes. This project would not diversify housing options. We are disappointed that the buyer chose not to complete his due diligence and approach the NA before closing on property. Ms. Haase stated that she couldn’t understand the fear behind neighborhoods’ responses to zoning changes. We responded that we weren’t fearful; we believe that the area has unique assets and want to be part of changes that sustain the whole community. June 19, 2021. Eugene Sutton shared the letter from Victoria Haase and his response to her. MLNA is supposed to be meeting with City Watershed people, Victoria and other city staff (see attached PDF with dates of other email and phone contacts). Ken Craig, from Council Member Ann Kitchen’s office, became involved in the back and forth between Ms. Haase, Mr. Heimsath and MLNA in June. The MF-2 CO Zoning change was finally approved by City Council on July 29, 2021. ITEM10/84ITEM10/85ITEM10/86ITEM10/87From: To: Subject: Date: Karen Fernandez Ramirez, Elaine 1609 mathews Monday, September 12, 2022 11:57:22 AM *** External Email - Exercise Caution *** Hi Elaine Can I include the pictures for the board to reference when I speak tonight? Sent from my iPhone 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. ITEM10/88From: To: Subject: Date: Karen Fernandez Ramirez, Elaine pictures for case in 1609 Mathews, item number 8 Monday, September 12, 2022 11:56:12 AM *** External Email - Exercise Caution *** Sent from my iPhone 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. ITEM10/89From: To: Subject: Date: Karen Fernandez Ramirez, Elaine 1609 Mathews, item 8 Monday, September 12, 2022 11:57:53 AM *** External Email - Exercise Caution *** Sent from my iPhone 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. ITEM10/90From: To: Subject: Date: Absolute Stornlok Ramirez, Elaine Case Number C15-2022-0060 Thursday, October 06, 2022 12:20:43 PM *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 10 feet from the eastern property line, and 14 feet from the southern one. I feel that the requested distances are too close to the property border for building, especially the one requesting only 10 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, Kevin Chrane (512) 694-2046 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. ITEM10/91From: To: Subject: Date: Nate Ramirez, Elaine case # C15-2022-0060 Monday, October 10, 2022 9:01:49 AM *** External Email - Exercise Caution *** Hello, I object to the motion I'm contacting the Board of adjustment board. Scheduled for October 10th,2022. case number C15-2022-0060. Thanks, Nate Stilwell 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. ITEM10/92From: To: Cc: Subject: Date: Attachments: Victoria Ramirez, Elaine Ramirez, Diana; Re: Applicants on the 10/10/2022 (Mon.) Board of Adjustment hearing Sunday, October 09, 2022 3:23:47 PM image001.png *** External Email - Exercise Caution *** Elaine, We request postponement of C15-2022-0060, 1609 Matthews Lane case to the November BOA hearing due to scheduling conflicts on our end. At least one of us will still be present or on the line in the event questions arise. Please confirm receipt of this email. Thank you, Victoria Haase 512-998-5900 Cell 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78745 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Wednesday, October 5, 2022 1:12:46 PM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: Applicants on the 10/10/2022 (Mon.) Board of Adjustment hearing Greetings Board applicants on the Monday 10/10 agenda – Please read this entire e-mail BOA meeting are being held Hybrid – both virtually and in-person. Please take a look at attached agenda and reply to just me (not to all) and advise if you’ll need a postponement or to withdraw from Monday’s hearing, you will have to inform me before 3p.m. Note: Please know that just because you are requesting a PostPonement does not guarantee the Board will ITEM10/93grant the request, they still may decide to hear the case. Someone will need to show up to the hearing in case the Board denies the PostPonement request and wants to hear it at the scheduled October 10th, 2022 BOA meeting. Also, take a look at all the back up for your case at the Board’s website (including AE’s reports). Here’s a link to the BCIC website: https://www.austintexas.gov/cityclerk/boards_commissions/meetings/15_1.htm I can still take in correspondence (neighbor and neighborhood Opposition and Support letters) for the Board’s late back up packet that they receive on the dais up until 9 a.m. the day of the hearing, just email it to me. Please read this entire e-mail APPLICANTS TO GIVE CASE PRESENTATION IN-PERSON • Make sure to sign in the registration book on the counter as soon as you walk into Council Chambers • There will only be one applicant (virtual or in-person) who has to be registered that will be able to speak and give presentation on case. • Applicant will have a total of 5 minutes to present their case. • There could be additional speaker(s) –architect, surveyor, homeowner, etc. that can sign up as well but will only be called on by the Board if questions arise. The Chair will call on this person by name if needed to speak. APPLICANTS TO GIVE CASE PRESENTATION VIRTUALLY (If you are registered to speak virtually, you will receive an e-mail from me Monday, 10/10 before 12p.m., with call in information for our virtual BOA mtg.) • There will be one applicant that has to be registered in advance to speak and give presentation on case. IF I have your name(s) registered for Monday’s meeting, I will reach out to you on Monday with the phone number you will call. • There could be additional speaker(s) –architect, surveyor, homeowner, etc. that can sign up as well but will only be called on by the Board if questions arise. The Chair will call on this person by name if needed to speak. • Applicant will have 5 minutes to present their case • This meeting will be broadcast live - residents, speakers and/ or applicants may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live • If you are the applicant speaking during your presentation and watching live, the volume on the electronic device must be muted as it will disrupt the meeting, if this occurs you will be disconnected and will not be allowed to call back in to finish your presentation. Per our IT Dept. please know that using a headset with a microphone will give you the best meeting experience. If meeting participants are calling (using a phone) in to the meeting, and using video from an iPad or computer, they will need to mute the microphone on the other ITEM10/94device, and mute the audio from the other device. They are either calling in for audio, or they are using their PC or iPad for audio…they cannot use both, it causes major issues with audio feedback. Please keep in mind everyone on hold will be able to hear your conversations, thus the mut be set by you until you are called on to speak. Ø Applicants must call in at least 20 minutes prior to meeting start (5:30p.m.) in order to speak, late callers will not be accepted and will not be able to speak. Calls will be accepted from 5:05p.m. – 5:20p.m. Ø Applicants must press mute on their phones, as everyone on hold can hear their conversations and are disruptive. if this occurs you will be disconnected and will not be allowed to call back in to finish your presentation. Ø Applicants will be placed in a queue until their time to speak. (Please keep in mind you could be on hold for quite some time) Ø Applicants will have 5 minutes to speak (Appellant for an Appeal will have 10 minutes), please keep in mind that if you are watching via ATXN, there will be a lag with the presentations so please keep speaking and DO NOT wait for the next slide to show up on your screen as you ONLY have 5 minutes. Ø No donation of time allowed Ø Postponement requests or Withdrawls must be sent by 3p.m. Monday, day of meeting to Liaison(s) – Elaine Ramirez via e-mail @ elaine.ramirez@austintexas.gov Ø 10:30 p.m. hardstop, items on the table will be postponed to the next meeting. October 10th, 2022 BOA meeting will be held: Hybrid meeting – both in-person and virtual 2nd Monday of the Month Austin City Hall - 301 West 2nd Street Council Chambers - 1st Floor / Room 1001 Begins @ 5:30 PM, if you wish to participate in-person please show up at 5:30p.m. as the Board can and will move items/cases on the Agenda around. The meeting will be broadcasted live and can be publicly viewed live at: http://www.austintexas.gov/page/watch-atxn-live 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 ITEM10/95 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. ITEM10/96