ITEM04 C15-2024-0040 PP DS JAN13 2025 — original pdf

Backup

CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday December 9, 2024 CASE NUMBER: C15-2024-0040 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Leah Bojo OWNER: Chris Affinito ADDRESS: 600 CUMBERLAND RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code: Article 3, Additional Requirements for Certain Districts, Division 5 –Combining and Overlay Districts, Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations:  (H) Compatibility Requirements (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet (maximum allowed) to 2 feet -4 27/32 inches – 5 feet 6 inches (requesting)  from 25 feet (minimum width allowed) to 2 feet -4 27/32 inches – 5 feet -6 inches (requesting), in order to erect a Condominium Residential Building in a “GR-V-ETOD, DBETOD and GR-ETOD-DBETOD”, Community Commercial-Vertical Mixed-Use Building-Equitable Transit-Oriented Development and Community Commercial-Equitable Transit-Oriented Development-Density Bonus ETOD. (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the  Compatibility Buffers). Note: The Land Development Code Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations (A) (B) (H) This section applies to a property with density bonus ETOD (DBETOD) combining district zoning. This section governs over a conflicting provision of this title or other ordinance. Compatibility Requirements. (1) A building is not required to comply with Article 10 (Compatibility Standards) in Subchapter C. (2) In this subsection, (a) TRIGGERING PROPERTY means a site: (i) with at least one dwelling unit but less than four dwelling units; and (ii) is zoned urban family residence (SF-5) district or more restrictive; and (b) STRUCTURE includes a portion of a structure. (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. a triggering property. (4) Compatibility Buffer. A compatibility buffer is required along a site's property line that is shared with (a) The minimum width of a compatibility buffer is 25 feet. (b) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case; POSPONED TO JANUARY 13, 2025 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 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: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for