ITEM05 C15-2024-0032 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0032 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Michele Rogerson Lynch OWNER: Sunoco – Vincent Record ADDRESS: 3201 SH 71 SVRD WB VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-814 (Service Station Use) (3) to increase the queue lanes from 8 (required) to 12 (requested) in order to erect a 7-Eleven Service Station in a “GR-CO” Community Commercial zoning district. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen’s motion to approve; Board member Michael Von Ohlen second on 10-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: modern service station designs utilize the racetrack/single pump layout for maximum vehicle/pedestrian safely and accessibility, both the Transportation Criteria Manual and Code Section 25-2-814 are outdated and should be updated to be more in line with safer on site maneuvering and to be in line with Austin’s Environmental goals to be carbon free by 2050. 2. (a) The hardship for which the variance is requested is unique to the property in that: the size and configuration of the property does not allow for adequate room to design the proposed service station with the City of Austin’s accepted double stack design while maintaining the adequate maneuvering and queuing space required for service stations by the Transportation Criteria Manual, specifically the throat length of the driveway on Eva Street as well as the required detention limit shifting the development in the northern portion of the site, the southern portion of the site is constrained by Austin Energy easement that cannot be encroached upon. (b) The hardship is not general to the area in which the property is located because: the race track/single fueling pump configuration is considered standard prototypical among most major fueling stations today and is the preferred product for vehicle accessibility and pedestrian safety. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: this variance will result in only 12 dispensers being constructed which is only 75% of the maximum number of dispensers allowed by City Code. Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair