ITEM08 C15-2022-0061 ADV PACKET DEC 12 PART1 — original pdf

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DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0061 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) ABSTAINED APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling ITEM8/1unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: POSTPONED TO NOVEMBER 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with conditions that the project not deviate from rendering on drawing Item 6/11 and floor plan Item 6/10 and a friendly amendment to limit to 0.4 FAR; Board member Melissa Hawthorne second on 9-0-1 vote (Board member Marcel Gutierrez-Garza abstained); GRANTED WITH CONDITIONS THAT THE PROJECT NOT DEVIATE FROM RENDERING ON DRAWING ITEM 6/11 AND FLOOR PLAN ITEM 6/10 AND A FRIENDLY AMENDMENT TO LIMIT TO 0.4 FAR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the regulations only permit a structure approximately 15’ in width and 32% buildable area on the lot, this width does not adequately allow for the functional layout of interior rooms and forces the creation of a structure that does not blend in well with the community standard. 2. (a) The hardship for which the variance is requested is unique to the property in that: it results from the property being a substandard lot that is 35 feet wide located on a corner lot subject to 15 foot street side yard setback. (b) The hardship is not general to the area in which the property is located because: other lots in the area that are either substandard lots or corner lots are able to achieve the 40% building coverage allowable by the zoning regulations. 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: it is common for structures to be located in the setbacks in this neighborhood including many structures within 10’ or less of the street. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair ITEM8/2ITEM8/3ITEM8/4DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0061 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) ABSTAINED APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling ITEM8/5unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: POSTPONED TO NOVEMBER 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with conditions that the project not deviate from rendering on drawing Item 6/11 and floor plan Item 6/10 and a friendly amendment to limit to 0.4 FAR; Board member Melissa Hawthorne second on 9-0-1 vote (Board member Marcel Gutierrez-Garza abstained); GRANTED WITH CONDITIONS THAT THE PROJECT NOT DEVIATE FROM RENDERING ON DRAWING ITEM 6/11 AND FLOOR PLAN ITEM 6/10 AND A FRIENDLY AMENDMENT TO LIMIT TO 0.4 FAR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the regulations only permit a structure approximately 15’ in width and 32% buildable area on the lot, this width does not adequately allow for the functional layout of interior rooms and forces the creation of a structure that does not blend in well with the community standard. 2. (a) The hardship for which the variance is requested is unique to the property in that: it results from the property being a substandard lot that is 35 feet wide located on a corner lot subject to 15 foot street side yard setback. (b) The hardship is not general to the area in which the property is located because: other lots in the area that are either substandard lots or corner lots are able to achieve the 40% building coverage allowable by the zoning regulations. 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: it is common for structures to be located in the setbacks in this neighborhood including many structures within 10’ or less of the street. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair ITEM8/6ITEM8/7ITEM8/8Request for Reconsideration C15-2022-0061 November 15, 2022 Ms. Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Drive Austin, TX 78752 (512) 974-2202 Re: Dear Elaine, As you may recall, our case referenced above was unanimously approved at the November 14, 2022 meeting (which we appreciate) but we believe the motion to accept unintentionally incorporated a more restrictive 0.40 FAR cap than what is otherwise permitted under Subchapter F for this lot. Subchapter F , Article 2.1 reads “MAXIMUM DEVELOPMENT PERMITTED: 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…”. In our case because of the small lot, 2,300 square feet is greater than 0.4 FAR and thus, as the maximum developable area per code, 2,300sf is the design basis for the proposed residences. In addition, our architect who was a registered speaker for the presentation attempted to address how Subchapter F of the code permits a higher FAR when Board Member Von Ohlen referenced the cap “in accordance with the code” and after I responded “this is a question for our architect” but she either was not admitted into the conversation by staff or the technical difficulties with the chambers audio-visual systems of the evening prevented her from being heard. However unintended, the result is that we would not be able to build the floorplan or elevations that we stipulated we would stick to as a condition of our approval and we’re respectfully requesting a reconsideration of our case in order to allow all of the terms of Subchapter F of the Code to apply (which would have the effect of restoring relief from the 0.40 FAR cap unintentionally imposed). Relevant notes as follows: • We are requesting a reconsideration not to ask for anything more than what is otherwise permitted under the Code but, rather to correct what we believe was an unintentional misinterpretation or recollection of what the Code permits by the party that made the motion to approve. A reference to Subchapter F was made in the discussion which defaulted to 0.4 FAR, a commonly known restriction for Subchapter F, however, the code actually reads “…the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area…” which is a technical detail less commonly known. In our case, the 2,300 square feet prevails because of the small lot size. • The floorplans and elevations that we stipulated we would build reflect a 1,650 sq. ft. single-family home and a 650 sq. ft. ADU, or 2,300 in total. Subchapter F of the Code permits this level of development, which is greater than the 0.4 FAR cap included in the previous BOA approval. ITEM8/9• When Mr. Von Ohlen made his motion, he asked if we would stipulate to building the floorplans and elevations as presented subject only to minor changes and to the 0.40 FAR ratio as reflected in the Code. I agreed that we would gladly stipulate to the plans as submitted but that the FAR would be best answered by our architect. When I paused for our architect to speak, she began to address the question via teleconference but, her voice was never heard by any of us in the audience. Hearing no feedback from our architect and without the benefit of her explanation, all participants in attendance moved on, certainly in my case and I believe in everyone’s case, not knowing that an error in the interpretation of the Code had just occurred. • The floorplans and elevations presented to the Board are identical to those presented to neighborhood stakeholders. They reflect 2,300 sq. ft. of floor area as allowed per Subchapter F. We have stipulated that we will build in accordance with these plans subject to only minor modifications. However, the 0.40 FAR cap read into the record now precludes us from building as stipulated. • We received a 9-0 vote of approval at or about 6:49 pm during which time our architect was frantically trying to contact me via text but, my phone was off as required. At 6:59 while leaving the building, I received notice of the problematic stipulation from our architect. At 7:18 pm our architect provided Elaine Ramirez with the email attached. By 7:36 I had returned to the chamber with the hope of raising the matter and to request a revote with a corrected motion. At 7:45 pm we were informed that there was no process for a reconsideration on the same day and that we would have to submit a formal request. • At this time, I do not know if technical difficulties prevented our architect from being heard at the meeting or if she was not permitted to speak for whatever reason. In any event, she was a registered speaker and the one expert in the room who had knowledge of a matter that should have been heard. Our goals and commitments have not changed. We wish simply to build in accordance with a plan that has gained the support of neighboring stakeholders as well as the Board. With that in mind, I respectfully ask for one last hearing so plans for the property don’t end up in a stalemate scenario where we can’t build at all because we can’t build as stipulated. Respectfully, Cortlandt Chalfant Managing Member Nexus Management, LLC Manager, Nexus Series B, LLC ITEM8/10Cort Chalfant From: Sent: To: Cc: Subject: Becky Jeanes Monday, November 14, 2022 7:18 PM Ramirez, Elaine Ramirez, Diana; Alecia Mosadomi; Cort Chalfant Re: Information for Virtual Applicants and Speakers in Opposition or Support for Mon. 11/14 BOA mtg. Hi Elaine- Yes there was a question asked about the acceptance of the 0.4 FAR and the owner deferred to his architect, me, who was on the phone. He paused. I began speaking but was not unmuted from your end. I was a registered speaker and followed all instructions. The technical issue has lead to a restriction I would imagine is unintentional by the board. Their concern was adopting to the Subchapter F code which we do. However the specificity of the 0.4 FAR is not the correct application of the code. Can this point be brought up this evening again? There have been severe technical issues all evening and this one has unfairly disadvantaged this agenda item. Thank you Becky Sent from my phone. Please excuse any typing errors. On Nov 14, 2022, at 7:12 PM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Hi Becky, Per the e-mail sent on 11/7 you cannot speak unless the Board asks for you to speak, you were only available for questions. 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 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. 1 ITEM8/11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 From: Becky Jeanes Sent: Monday, November 14, 2022 7:06 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: Re: Information for Virtual Applicants and Speakers in Opposition or Support for Mon. 11/14 BOA mtg. Importance: High *** External Email - Exercise Caution *** Hello- I was trying to speak on the agenda item #6 on E 3rd Street - I’m the architect for the project. I was unmuted however you all could not hear me. There was critical information I needed to convey but was unable to do so. The main concern is the language of the 0.4 FAR. We are following the language of the Subchapter code for this lot which allows the greater of 0.4 FAR OR 2300sf. Since this property is smaller, 0.4 FAR only allows 1986sf. Since 2300sf if greater, we’re allowed to develop 2300sf of FAR, which amounts to ~0.46 FAR. This is an important distinction in the language of the approval. What is the process to get this resolved? Thank you, Becky Becky Jeanes, AIA Architect | LEED AP DESIGNTRAIT www.designtrait.com 2525 South Lamar #6 Austin, TX 78704 o. (512) 542-0073 m. (512) 484-6849 On Nov 14, 2022, at 12:36 PM, Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: 2 ITEM8/12CITY OF AUSTIN Board of Adjustment Decision Sheet Item 11 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates OUT _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade OUT _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling ITEM8/15unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: POSTPONED TO NOVEMBER 14, 2022 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 forITEM8/16 October 28, 2022 Nikelle Meade 111 Congress Ave., Suite 1400 Austin TX, 78701 Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Re: C15-2022-0061 Dear Nikelle, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 at 1401 E 3rd St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM8/17October 28, 2022 Nikelle Meade 111 Congress Ave., Suite 1400 Austin TX, 78701 Re: C15-2022-0061 Dear Nikelle, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 at 1401 E 3rd St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM8/18E . 3 R D S T . 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ K C A B T E S " 9 . 6 ' 3 2 E G A R E V A B S K C A B T E S ' 5 2 I G N N O Z R E P 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ S69°40'49"E 35.88 N 2 0 ° 5 3 4 7 " E ' 1 3 9 . 0 3 15'-0" SETBACK PER ZONING 10'-0" SETBACK VARIANCE REQ E N I L Y T I L I T U D A E H R E V O K C A B T E S " 9 . 6 ' 3 2 E G A R E V A B S ' 4 1 . 9 3 1 ' W " 8 4 1 0 ° 1 2 S : 6 3 3 - 3 3 3 K C A B T E S ' 5 2 I G N N O Z R E P D o c . 2 0 1 2 1 7 7 8 6 4 T C D R D a v d B i r y c e A l l i s o n b y W D 1 0 / 1 7 / 2 0 1 2 N A V A S O T A S T . POLE Y U G W/D O.H. UTIL. CL SHELVES PANTRY L N69°30'11"W 35.55' A L L E Y 336-471: N21°01'48"E, 0.74 336-423: S21°01'48"W, 1.64 1 PLOT PLAN Scale: 1/16" = 1'-0" 2 MAIN UNIT, 1ST FLOOR Scale: 1/8" = 1'-0" 3 MAIN UNIT, 2ND FLOOR Scale: 1/8" = 1'-0" 4 REAR UNIT, 1ST FLOOR Scale: 1/8" = 1'-0" N69°30'11"W 35.55' A L L E Y EAST 3RD RESIDENCE SCHEMATIC PLANS DRAWING TITLE DRAWING TITLE SEPT 2022 ITEM8/19ITEM8/20CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez (out) _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT 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: ITEM8/21(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 ITEM8/22BOA GENERAL REVIEW COVERSHEET RENOTIFICATION CASE: C15-2022-0061 BOA DATE: October 10th, 2022 ADDRESS: 1401 E 3rd St OWNER: Cortlandt Chalfant COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP (East Cesar Chavez) LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: decrease the minimum street side yard setback from 15 feet to 10 feet. SUMMARY: complete construction of a Single-Family residence and Accessory Dwelling unit ISSUES: corner lot and substandard lot ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-H-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Barrio Unido Neighborhood Assn. Bike Austin Capital Metro Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town ITEM8/23  October 10, 2022 Nikelle Meade 111 Congress Ave, Ste 1400 Austin TX, 78701 Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Re: C15-2022-0061 Dear Nikelle, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 at 1401 E 3rd St. Austin Energy cannot approve this variance request until plans have been reviewed and approved by AE’s Transmission Engineering Department. Please send georeferenced CAD drawings for this project to Cody.Shook@austinenergy.com, along with any site plans or surveys you have showing the overhead electric transmission lines located along Navasota St. Any development on this site must meet Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM8/24ITEM8/25ITEM8/26ITEM8/27ITEM8/28ITEM8/29ITEM8/30ITEM8/31ITEM8/32ITEM8/33