Approved Minutes — original pdf

Approved Minutes

BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, July 8, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, July 8, 2024, at 6310 Wilhelmina Delco Drive in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:51 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Jeffery Bowen, Brian Poteet, Bianca A. Medina-Leal, Janel Venzant, Michael Von Ohlen, Suzanne Valentine (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Marcel Gutierrez-Garza, Yung-ju Kim Board Member/Commissioners absent: Maggie Shahrestani 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 June 10, 2024. On-Line Link: ITEM01 DRAFT MINUTES June 10, 2024 The minutes from the meeting June 10, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Board member Michaeal Von Ohlen second on a 10-0-1 vote (Board member Yung-ju Kim no vote-technical issues virtual). PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed Reconsideration cases: 2. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3, PART4; 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)  shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from 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. Madam Chair Jessica Cohen motion to deny the reconsideration request; Board member Jeffery Bowen second on 10-0-1 votes (Board member Yung-ju Kim abstained); RECONSIDERATION REQUEST DENIED.  Previous Postponed cases: 3. C15-2024-0018 Walter Olden 921 E 52nd Street 4. decrease the minimum rear yard setback from 10 feet (required) to 0 feet decrease the minimum street side yard setback from 15 feet (required) to 0 On-Line Link: ITEM03 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:  feet (requested)  (requested), in order to complete a remodel and addition of 2nd FL residence to an existing detached garage in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (North Loop Neighborhood Plan). The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve with a friendly amendment that the exterior garage remodel be completed with fire resistant product (a.k.a hardi-board); Board member Jeffery Bowen second on 11-0 votes; GRANTED WITH A FRIENDLY AMENDMENT THAT THE EXTERIOR garage REMODEL BE COMPLETED WITH FIRE RESISTANT PRODUCT (a.k.a hardi-board). C15-2024-0019 David Chace for Michael and Caroline Hinson 2913 Westlake Cove On-Line Link: ITEM04 ADV PACKET; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code: Section 25-2-492 (Site Development Regulations) from setback Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (a) from  requirements to decrease the two minimum interior side yards setback from 10 feet (required) to 5 feet (requested).  shoreline setback requirements to decrease from 75 feet (required) to 50 feet (requested) for the portion within 40 feet of the north side property line.  Section 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (maximum allowed) to 47.5 percent (requested), (54% existing)  in order to complete a remodel and addition to an existing 2 story single-family residence in a “LA”, Lake Austin zoning district. Note: This subsection of the Land Development Code applies to a lot included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted, and that is located in an LA district. For the above address the LSD tract was acknowledged by COA per attached document as approved legal tract in March 2008 by COA DAC staff via C8I-2008-0096. The separate instrument #2004165487 for lot 14 Lago Valla Addition Subdivision deed was recorded in August 2004 but existed in current configuration March 1982 per Volume 8027, page 352 T.C.P.R then received utility service May 1984. SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. In this section: SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) (1) (2) shoreline that is prescribed in this section. (3) (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 requirements 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. (C) This subsection specifies lot width and impervious cover restrictions in a Lake Austin (LA) district. (3) For a lot included in a subdivision plat recorded before April 22, 1982, or a tract that is not required to be platted, impervious cover may not exceed: (a) 35 percent, on a slope with a gradient of 15 percent or less; (b) 10 percent, on a slope with a gradient of more than 15 percent and not more than 25 percent; (c) 5 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (d) 40 percent, if impervious cover is transferred under Subsection (D). The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve tied to the advanced packet drawing -Item04/8, marked as Exhibit 2 Proposed Site Plan; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED TIED TO THE ADVANCED PACKET DRAWING -ITEM04/8, MARKED AS EXHIBIT 2 PROPOSED SITE PLAN. C15-2024-0022 Gerardo Maximiliano Martinez, PE 1012 Vargas Road On-Line Link: ITEM05 ADV PACKET; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from lot width requirements to decrease the front lot width from 50 feet (required) to 44 feet (requested), in order to subdivide one lot into two separate lots in a “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Montopolis Neighborhood Plan). 5. The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED. New Variance cases: 6. C15-2024-0020 Ian Wilson 2215 Canterbury Street decrease the minimum interior side yard setback from 5 feet (required) to 0 decrease the minimum front yard setback from 25 feet (required) to 20 feet On-Line Link: ITEM06 ADV PACKET; PRESENTATION; AE REPORT The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to:  (requested)  feet (requested) and  feet (requested), in order to complete a remodel/addition and maintain a Single-Family residence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED. decrease the minimum street side yard setback from 15 feet (required) to 8 7. C15-2024-0023 Miki Agrawal 1607 Kenwood Avenue Section 25-2-492 (Site Development Regulations) from setback On-Line Link: ITEM07 ADV PACKET; PRESENTATION; AE REPORT The applicant is requesting a variance(s) from the Land Development Code:  requirements to decrease the minimum rear yard setback from 10 feet (required) to 5.7 feet (requested)  requirements to increase from 40 percent (maximum allowed) to 50.77 percent (1,599.40 sq. ft.)(requested)  Section 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase from 45 percent (maximum allowed) to 60.37 percent (1,901.90 sq.ft.) (requested) Section 25-2-492 (Site Development Regulations) from building coverage  residential structure: Section 25-2-963 (Modification and Maintenance of Non-complying  Structures) (F) (2) to increase the additional length of the front wall from 31’-2” (50% of this is 15’-7”) to 18’- 1 ½” (requested)  Section 25-2-963 (Modification and Maintenance of Non-complying Structures) (F) (2) to increase the additional length of the side wall from 16’-1 ¾” (50% of this is 8’-1”) to 15’- 4 ¾” (requested) in order to complete a remodel/addition to an existing Single-Family residence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (South River City Neighborhood Plan). Land Development Code Section 25-2-963 Modification and Maintenance of NonComplying Structures. (A) Except as provided in Subsections (B), (C), and (D) of this section, a person may modify or maintain a noncomplying structure. (B) The following requirements must be met in order to modify, maintain, or alter a non-complying (1) Demolition or removal of walls must comply with the following requirements: (a) No more than fifty percent of exterior walls and supporting structural elements of the existing structure may be demolished or removed, including load bearing masonry walls, and in wood construction, studs, sole plate, and top plate. For purposes of this subsection, exterior walls and supporting structural elements are measured in linear feet and do not include the roof of the structure or interior or exterior finishes. (b) Replacement or repair of structural elements, including framing, is permitted if required by the building official to meet minimum health and safety requirements. (2) Replacement or alteration of an original foundation may not change the finished floor elevation by more than one foot vertically, in either direction. (3) For any residential use other than a single-family use in an SF-3 or more restrictive zoning district, the following requirements must be met in order to add square footage or convert accessory space into conditioned or habitable space: (a) If the lot is non-complying with current lot size or lot width requirements, the cost of improvements may not exceed 20 percent of the value of the structure before the improvements. (b) Compliance with current parking and occupancy regulations is required. (4) If a noncomplying portion of a structure is demolished, it loses its noncomplying status and may only be rebuilt in compliance with current code. (C) Except as provided in Subsections (E) and (F), a person may not modify or maintain a noncomplying structure in a manner that increases the degree to which the structure violates a requirement that caused the structure to be noncomplying. (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: (a) does not exceed the existing maximum height of the building; and (b) complies with the yard setback requirements of this title; (2) the increase does not exceed 15 percent of the existing maximum height of the building; and (3) after modification, the height of the modified portion of the building does not exceed the existing maximum height of the building. (F) A person may modify a building that is a noncomplying structure based on a yard setback requirement of this title if: (1) the modified portion of the building: (a) does not extend further into the required yard setback than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section; (b) unless located in a street side yard, is not greater in height than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section; and (c) complies with the height requirements of this title; and (2) the additional length of a modified portion of the building does not exceed the lesser of 50 percent of the length of the noncomplying portion of the building or 25 feet measured from the existing building and parallel to the lot line. (G) Subsection (F) applies to each yard setback requirement with which the existing building does not comply. (H) A person may modify a noncomplying building once under Subsection (E) and once under Subsection (F). This section does not prohibit a person from modifying a building along more than one yard setback as part of a single project. Source: Sections 13-2-820 and 13-2-823; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. 20100624-149; Ord. 20101209- 075; Ord. No. 20140626-113, Pt. 4, 7-7-14. The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve with conditions of a maximum impervious coverage of 60% of the lot size of 3,150.54 sq. ft. and impervious coverage mitigation consisting of rain water collection and rain gardens; Board member Suzanne Valentine second on 10-0-1 votes (Board member Yung-ju Kim abstained); GRANTED WITH CONDITIONS OF A MAXIMUM IMPERVIOUS COVERAGE OF 60% of the lot size of 3,150.54 sq. ft. AND IMPERVIOUS COVERAGE MITIGATION CONSISTING OF RAIN WATER COLLECTION AND RAIN GARDENS. DISCUSSION ITEMS Discussion of the June 10, 2024, Board of Adjustment activity report On-Line Link: ITEM08 June 10, 2024-MONTHLY REPORT DISCUSSED; CONTINUED TO AUGUST 12, 2024 Discussion of BOA Applicant Assistance Program Link to https://www.austintexas.gov/page/board-adjustments-support and refer to the grant for low income homeowners DISCUSSED 10. special exceptions, and interpretation appeals for new members General discussion of fees and voting requirements for Board of Adjustment variances, Link to https://www.austintexas.gov/edims/document.cfm?id=134658 BOA Rules of Procedures Link to https://services.austintexas.gov/edims/document.cfm?id=387491 BOA Bylaws BOA FEE SCHEDULE; BOA VARIANCES FEE SCHEDULE; BOA GUIDEBOOK DISCUSSED DISCUSSION AND ACTION ITEMS Discussion and possible action regarding the Board’s Annual Internal Review Report 11. (July 1, 2023-June 30, 2024) to Council DISCUSSED, CONTINUED TO AUGUST 12, 2024 8. 9. FUTURE AGENDA ITEMS AND ANNOUNCEMENTS NONE ADJOURNMENT 8:48 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 The minutes were approved at the August 12, 2024, Board of Adjustment meeting on Vice Chair's Melissa Hawthorne's motion, Madam Chair Jessica Cohen's second on a 6-0 vote.