Agenda — original pdf

Agenda

1. REGULAR MEETING of the BOARD OF ADJUSTMENT December 12, 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 via 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 email by elaine.ramirez@austintexas.gov or call 512-974-2202. telephone. To participation remotely, register speak to CURRENT BOARD MEMBERS: ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES Approve the minutes of the Board of Adjustment Regular meeting on November 14, 2022. On-Line Link: Draft minutes November 14, 2022 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. PUBLIC HEARINGS Previous postponement Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item03 PART1; PART2; PART3; PART4; NO PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a)on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot width more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (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. New Variance cases: 4. C15-2022-0086 Ryan McElroy 5212 Evans Avenue On-Line Link: ITEM04; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-943 (Substandard Lot) (D) which states that a substandard lot that is aggregated with other property to form a site may not be disaggregated to form a site that is smaller than the minimum lot area requirement (required) in order to allow the two platted substandard lots to be disaggregated and developed separately under the Small Lot Amnesty provisions of the adopted North Loop Neighborhood Plan (requested) b) Section 25-2-1406 (Ordinance Requirements) from two properties aggregated (existing) to disaggregate (requested) in order to separate the current lot into two lots of its original plat and develop separately under the Small Lot Provisions of the adopted North Loop NP in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (North Loop Neighborhood Plan). Note: Per Land Development Code: 25-2-943 (Substandard Lot) (D) A substandard lot that is aggregated with other property to form a site may not be disaggregated after August 6, 2007 to form a site that is smaller than the minimum lot area requirement. 25-2-1406 (5) for a single-family residential use or a secondary apartment special use on an existing legal lot: (a) may reduce the required minimum lot area to 2,500 square feet; (b) may reduce the required minimum lot width to 25 feet; and (c) for a lot with an area of ,000 square feet or less, may increase the maximum impervious cover to 65 percent; and (d) a lot that is aggregated with other property to form a site may not be disaggregated to satisfy this subsection. C15-2022-0087 Samuel Berniard 1303 Harvey Street On-Line Link: ITEM05; 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 10 feet 4 inches (requested), in order to remodel a front porch deck in a “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Rosewood Neighborhood Plan). C15-2022-0088 Drew Padgett for Homebound Texas Propco II 705 E 50th Street On-Line Link: ITEM06; PRESENTATION The applicant is requesting a variance(s) from the North Hyde Park NCCD Ord. #20050818-064, PART 7(Residential District)(2)(b) from setback requirements to increase the maximum setback from 30 feet (maximum allowed) to 40 feet 10 inches (requested) in order to erect a Single-Family home and ADU in an “SF-3-NCCD-NP”, Single-Family Residence-Neighborhood Conservation Combining District Neighborhood Plan zoning district. (North Hyde Park NCCD Neighborhood Plan). Note: Ordinance No. 20050818-064 Part 7 Residential District. The following site development regulations apply in the Residential District. (2) Except as otherwise provided in Part 6 (General Provisions), on an avenue, Duval Street, Fairfield Lane, and the east-west streets of Duval Street: a. b. the minimum street yard setback is 25 feet; and the maximum street yard setback is 30 feet. 5. 6. 7. C15-2022-0089 Tyler Rush for Mark Pearson 1202 W. 9th Street, 900 Blanco Street and 901 Shelley Avenue On-Line Link: ITEM07 PART1; PART2, PART3; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1062 (Height Limitations and Setbacks for Smaller Sites) (C) from setback requirements to decrease the interior side setback from 15 feet (required) to 5 foot base zoning setback (requested) and the rear setback from 15 feet (required) to 10 foot base zoning setback (requested) in order to relocate/remodel and addition of a historical two-story garage in a “MF-4-HD-NP”, Multi-Family-Historical District-Neighborhood Plan Zoning District (Old West Austin Neighborhood Plan). Note: Section 25-2-1062 Height Limitations and Setbacks for Smaller Sites (A) This section applies to a site that has: (1) an area that does not exceed 20,000 square feet; and (2) a street frontage that does not exceed 100 feet. (C) If a site has a street frontage that is more than 50 feet, but that does not exceed 100 feet, the side and rear setback requirements are as follows: Length of Street Frontage (Feet) 50.01 to 52.50 52.51 to 54.99 55.00 to 57.50 57.51 to 59.99 60.00 to 62.50 62.51 to 64.99 65.00 to 67.50 67.51 to 69.99 70.00 to 72.50 72.51 to 74.99 75.00 to 77.50 77.51 to 79.99 80.00 to 82.50 82.51 to 84.99 85.00 to 87.50 87.51 to 89.99 90.00 to 92.50 92.51 to 94.99 95.00 to 97.50 97.51 to 99.99 100 Side and Rear Setback (Feet) 15.0 15.5 16.0 16.5 17.0 17.5 18.0 18.5 19.0 19.5 20.0 20.5 21.0 21.5 22.0 22.5 23.0 23.5 24.0 24.5 25.0 Reconsideration cases: C15-2022-0061 8. Nikelle Meade for Cortlandt Chalfant 1401 E. 3rd Street On-Line Link: Item 8 PART1, PART2, PART3, PART4, PART5, PART6; PRESENTATION 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 unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) DISCUSSION ITEMS 9. Discussion of the November 14, 2022 BOA activity report On-Line Link: Item-09 DISCUSSION AND ACTION ITEMS 10. 11. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP). On Line Link: Item 10 UPDATE1- https://www.austintexas.gov/department/city- council/2021/20211014-reg.htm#045; ITEM 10 UPDATE2 Discussion and possible action by the Board based on the Working Group update on proposed changes to BOA Appeals. (Working group: Barbara Mcarthur, Darryl Pruett and Kelly Blume) On-Line Link: Item 11 FUTURE AGENDA ITEMS 12. Discussion of future agenda 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 business days before the meeting date. Please call the Board Liaison Elaine Ramirez, Development Services Department at 512-974-2202 or email elaine.ramirez@austintexas.gov or the Board Secretary Diana Ramirez, Development Services Department at 512-974-2241 or email 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’s Elaine Ramirez, Development Services Department at 512-974-2202/elaine.ramire@austintexas.gov