ITEM01 BOA DRAFT MINUTES AUG12 — original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, August 12, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 12, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:36 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Jeffery Bowen, Bianca A. Medina-Leal, Maggie Shahrestani Board Member/Commissioners absent: Brian Poteet, Marcel Gutierrez-Garza, Yung-ju Kim, Janel Venzant, 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 July 8, 2024. On-Line Link: Draft Minutes for July 8, 2024 The minutes from the meeting July 8, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Chair Jessica Cohen second on a 6-0 vote. PUBLIC HEARINGS  Discussion and action on the following cases. Madam Chair Jessica Cohen motion to postpone cases Item02 and Item03 to September 9, 2024, due to not having enough board members for voting purposes; Vice-chair Melissa Hawthorne second on 6-0 votes; POSTPONED CASES FOR ITEM02 AND ITEM03 TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES. New Variance case: 2. C15-2024-0024 Christi Lane 2104 Westover Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and (2) a solid fence is a fence other than an ornamental fence. (C) The height restrictions of this section do not apply to an ornamental fence. (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up. (E) If there is a change in grade of at least one foot measured along any run of a solid fence along a property line, then the portion of the fence where the grade change occurs may be constructed to a maximum height of seven feet. (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six-foot fence and gain access to a hazardous situation, including a swimming pool. (G) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. (H) A solid fence may be constructed to a height of eight feet if the fence is located between a residential use and: (1) property zoned as a commercial or industrial base district; (2) property used for a commercial or industrial use; or (3) an alley that separates a residential use and: (a) property zoned as a commercial or industrial base district; or (b) property used for a commercial or industrial use. (I) Except as provided in Paragraph (1), a fence shall be constructed in accordance with this subsection. (1) This subsection does not apply to a fence that: (a) was constructed before July 31, 2023; or (b) is more than six feet in height and located on a property with a non-residential use. (2) When more than 50 percent of the total linear distance of an existing fence is replaced, the entire fence must comply with this subsection. (3) For new or replacement fences that follow historic design standards, this subsection will control if there is a conflict with the historic design standards. (4) A fence may not include: (a) spiked pickets, spiked bars, or other spiked decorative elements above the top horizontal backer rail; (b) vertical pickets above the top horizontal backer rail if the vertical pickets are separated by more than two inches and less than nine inches; (c) razor-like wire; or (d) barbed wire unless the fence is enclosing an airport or other landing area for aircraft and the use of barbed wire is required by Federal Aviation Administration regulation. (5) A fence that creates a substantial risk of entrapment or impalement is prohibited. (6) A solid chain link fence shall use knuckle selvage. (J) A fence used as a swimming pool barrier shall comply with Chapter 25-12, Article 14 (Swimming Pool and Spa Code). Source: Section 13-2-308; Ord. 990225-70; Ord. 031211-11; Ord. 050127-64; Ord. No. 20141120-181, Pt. 1, 12-1-14; Ord. No. 20230720-156, Pt. 2, 7-31-23. POSTPONED TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES 4. 5. New Appeal case: 3. C15-2024-0025 Appellant’s Agent: Nicholl Wade - Appellant: Warren Konkel Owner: Christy May 6708 Bridge Hill Cove On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3, PART4, PART5, PART6; PRENTATION by appellant Summary of Appeal: Appellant challenges issuance of Building Permit 2023- 12958 BP on the grounds that the City incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. POSTPONED TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES DISCUSSION ITEMS Discussion of the July 8, 2024, Board of Adjustment activity report On-Line Link: ITEM06 July 8, 2024-MONTHLY REPORT POSTPONED TO September 9, 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 POSTPONED TO September 9, 2024 General discussion of fees and voting requirements for Board of Adjustment variances, 6. special exceptions, and interpretation appeals for new members 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 POSTPONED TO September 9, 2024 DISCUSSION AND ACTION ITEMS Discussion and possible action regarding the Board’s Annual Internal Review Report 7. (July 1, 2023-June 30, 2024) to Council POSTPONED TO September 9, 2024 FUTURE AGENDA ITEMS AND ANNOUNCEMENTS ADJOURNMENT 5:41 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