ITEM01 DRAFT MINUTES FOR MAY13,2024 — original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, May 13, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, May 13, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:34 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Brian Poteet, Bianca A. Medina-Leal, Janel Venzant Board Members/Commissioners in Attendance Remotely: Thomas Ates, Yung-ju Kim, Marcel Gutierrez-Garza, Suzanne Valentine (Alternate) Board Member/Commissioners absent: Maggie Shahrestani and Michael Von Ohlen 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. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on March 11, 2024 and Special called meeting on February 22, 2024. On-Line Link: DRAFT MINUTES March 11, 2024, and DRAFT MINUTES February 22, 2024 The minutes from the meeting March 11, 2024 and February 22, 2024 were both approved on Board member’s Brian Poteet motion, Vice-Chair’s Melissa Hawthorne second on a 10-0 vote.  PUBLIC HEARINGS Discussion and action on the following cases. New Variance cases: 2. C15-2024-0013 Bhavani Singal for Veronica Lew 3701 Robbins Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3; PRESENTATION The applicant is requesting variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (3) from side property line & interior side yard setback requirements of 10 feet (required) to 0 feet (requested), in order to erect a Boat Dock in a “LA”, Lake Austin zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (3) A dock may not be constructed closer than 10 feet to the side property line, regardless of the side-yard setback generally applicable within the base zoning district. The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to approve; Board member Jeffery Bowen second on 10-0 votes; GRANTED. 3. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road On-Line Link: ITEM03 ADV PACKET PART1, PART2; PRESENTATION The applicant is requesting the following 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 40 feet (required) to 20 feet (requested)  Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (east side) from 10 feet (required) to 5 feet (requested)  Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House 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 is a legal tract exempt from the requirement to plat. For the above address the Subdivision Plat was recorded on December 1, 1976 Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) In this section: (1) SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. (2) SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the shoreline that is prescribed in this section. (3) SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. (B) This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1) The shoreline setback is: (a) 75 feet; or (b) 25 feet, if: (i) the lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the requirement to plat; and (ii) the distance between the shoreline and the front lot line, or the property line of a legal tract, is 200 feet or less. The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to approve covering only the areas of the exiting house and current setbacks, and are only for the existing house configuration that already encroach and tie to presentation drawings- Item03/7, Item03/8 and Item03/9; Board member Jeffery Bowen second on 10-0 votes; GRANTED COVERING ONLY THE AREAS OF THE EXITING HOUSE AND CURRENT SETBACKS, AND ARE ONLY FOR THE EXISTING HOUSE CONFIGURATION THAT ALREADY ENCROACH AND TIE TO PRESENTATION DRAWINGS- ITEM03/7, ITEM03/8 AND ITEM03/9. 4. C15-2024-0017 Ada Corral for Isle Frank 1422 Corona Drive On-Line Link: ITEM04 ADV PACKET; 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 interior side yard setback from 5 feet (required) to 0 feet (requested) to allow an existing non-complying Carport to extend to the property line of an existing 1 story Single-Family residence in a “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). The public hearing was closed by Madam Chair Jessica Cohen, Chair Jessica Cohen’s motion to approve with conditions that all three sides of the carport remain open and to provide gutters along the westside of the property line that is shared with the neighbors; Vice-Chair Melissa Hawthorne second on 10-0 votes; GRANTED WITH CONDITIONS THAT ALL THREE SIDES OF THE CARPORT REMAIN OPEN AND TO PROVIDE GUTTERS ALONG THE WESTSIDE OF THE PROPERTY LINE THAT IS SHARED WITH NEIGHBORS. Previous Postponed cases: 5. C15-2024-0007 Hector Avila for Joel Beder and Joe Yu 1503 Robert Weaver Avenue On-Line Link: ITEM05 ADV PACKET; NO PRESENTATION The applicant is requesting the following 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 14 feet (requested) in order to erect an attached garage in a “SF-3-NP”, Single-Family - Neighborhood Plan zoning district (East Cesar Chavez Neighborhood Plan) The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to approve; Board member Jeffery Bowen second on 8-1-1 votes (Vice-Chair Melissa Hawthorne nay, Board member Yung-ju Kim abstain); motion fails; Vice-Chair Melissa Hawthorne rescinds previous motion, Chair Jessica Cohen second on 8-0-2 votes (Board members Bianca A. Medina-Leal and Yung-ju Kim abstain); Vice-Chair Melissa Hawthorne motion back to original motion to Approve with same findings, Board member Janel Venzant second on 7-1-2 votes (Vice-Chair Melissa Hawthorne nay, Board members Bianca A. Medina-Leal and Yung-ju Kim abstain); motion fails, DENIED. DISCUSSION ITEMS Discussion of the March 11, 2024, Board of Adjustment activity report On-Line Link: ITEM06 March 11, 2024-MONTHLY REPORT DISCUSSED; CONTINUED TO June 10, 2024 DISCUSSION AND ACTION ITEMS Discussion and approval of Board of Adjustment FY25 Budget recommendations. Remove this item from the agenda Discussion and approval of Election of Officers Board Member Marcel Gutierrez-Garza nominates Jessica Cohen for Chair and Melissa Hawthorne for Vice-Chair on a 10-0 vote. FUTURE AGENDA ITEMS AND ANNOUNCEMENTS 6. 7. 8.  ADJOURNMENT 7:16 PM 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.ramirez@austintexas.gov