ITEM10 BOA GUIDEBOOK — original pdf

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A COMMUNITY GUIDE TO THE CITY OF AUSTIN'S BOARD OF ADJUSTMENT: Practical Tips for Zoning Variances, Special Exceptions and Administrative Appeals Approved by the Board of Adjustment, on April 13, 2015, and prepared in collaboration with the City Law Department and Development Services Department. Chair Vice Chair Boardmembers: Don Leighton-Burwell, Melissa Hawthorne, Brooke Bailey Jessica Cohen Ada Corral William Hodge Rahm McDDaniel Darryl Pruett Veronica Rivera Yasmine Smith Michael Von Ohlen Legal Advisors: Lee Simmons Steven Maddoux Staff Support: Elaine Ramirez Diana Ramirez - Common examples of hardship include restraints, unusually if they are wants to preserve topographical lot shapes. Trees may constitute required them. lots with steep slopes, small lot area, or irregular or if an applicant to be preserved a hardship, - Personal troubles hardship. focus primarily circumstances, with neighbors, An applicant cannot be the sole basis for finding a but should may mention on characteristics such factors, itself. such as financial of the property or difficulties A hardship cannot be self-created. - An applicant based on conditions for a permit or site plan cannot claim a hardship for creating. that he or she is responsible - For example, if a structure is designed in a manner that fails to comply with regulations, hardship. Or, if a landowner pieces, hardship. the structure's subdivides he or she can't rely on their irregular shape to prove a a lot into irregular non-compliance isn't a A hardship where it's located. must be unique to the property, not general to the area - If steep slopes then neither hardship by itself. or small lots are common to a particular condition is sufficiently unique to constitute area, a - If a lot is entitled automatically relaxes small lots, then of a hardship. evidence the understanding area, development regulations. certain lot amnesty," under city code to "small which regulations for development be relied on as lot size alone should not with was approved of minimum lot Small lot amnesty that, with the exception would meet other site development - The City's example, regulations alone cannot be the hardship. cannot request a height variance and For an applicant BOA Community Guidebook -10 variance, different "hardship." the criteria kinds of situation exception and don't necessarily can be tailored require to address of for a special a showing In 2011, the City of Austin adopted a special exception designed periods required summarize followed to address of time without incident, minor setback violations that have existed but which might not meet the criteria for a traditional below The guidelines the requirements a special exception and are zoning variance. for obtaining explanation on the next page. by a more thorough process for long To get a special exception requirement, at least 2 5 years. the violation must have existed for from a setback To get a special exception: v' The city Building Official must find that the violation is not a threat to public safety. v' The Board of Adjustment must find that: o the use is allowed in an SF-3 or more restrictive zoning district; o the structure either has a permit, and doesn't nonconforming, share a lot with more than and one other primary the exception impair the use of adjacent inconsistent of property, or grant a in the with other properties would not alter the character residence; privilege or is legally o granting the area, special area. BOA Community Guidebook -15 neighborhood date works for anyone who is interested association or contact in the case. team, to make sure the hearing The Board's meetings are governed by Rules of Procedure and Bylaws, which are available at: online Rules of Procedure ( rules for hearings and action on cases) Bylaws ( overall structure and operation) and time limits, It's important to be familiar with the general order of F. in Appendix which are summarized to the Board, and not to and once your time is up, presentations Additionally, all comments other parties. do not speak unless members of the Board have questions respectful about your case. in your presentation, even if you disagree should be directed and courteous, with statements made Be concise for you. Be RULES FOR CONTACTING THE BOARD Because the Board is a quasi-judicial body, applicants and interested individual intended be included in the "backup" the Board's agenda. parties cannot communicate members outside of a public meeting. with the Board or with for the Board should be provided supportin to the Board's g materials) to that is posted on (i.e., All information staff liaison The staff liaison, whose contact information also help you to schedule make sur e that you're your case and work with plan reviewers is listed below, can to project: requesting the correct variances for your Department Elaine Ramirez Planner Senior Development Services One Texas Center 505 Barton Springs Road Austin, (512) 974-2202 elaine.ramirez@austintexas.gov Texas 78704 BOA Community Guidebook -25