Agenda — original pdf

Agenda

REGULAR MEETING of the BOARD OF ADJUSTMENT January 13, 2025 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required email for elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to ___ Bianca A Medina-Leal ___ Brian Poteet ___ Margaret Shahrestani ___ Janel Venzant ___ Michael Von Ohlen ___ Suzanne Valentine (Alternate) CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair) ___Thomas Ates ___Jeffery Bowen ___Marcel Gutierrez-Garza ___Yung-ju Kim The Board of Adjustment may go into closed session to receive advice from legal counsel regarding any item on this agenda (Private consultation with legal counsel – Section 551.071 of the Texas Government Code). AGENDA CALL TO ORDER 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.  APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Special Called meeting on December 9, 2024. On-Line Link: Draft Minutes for December 9, 2024 PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed Sign Variance cases: 2. C16-2024-0001 Michael Everett for Rowdy Durham 6320 Ed Bluestein Boulevard SB (B) (2) (a) to exceed sign area from 104.65 square feet to 314.86 square feet (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 60 feet On-Line Link: ITEM02 ADV PACKET; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations):   (requested) for a Freestanding sign in order to provide signage for a McDonald’s in a “GR-MU-CO-NP”, Community Commercial – Mixed Use – Conditional Overlay - Neighborhood Plan zoning district. (University Hills Neighborhood Plan), Expressway Corridor Sign District. Note: The Land Development Code Sign Regulations 25-10-123 Expressway Corridor Sign Regulations (A) This section applies to an expressway corridor sign district. (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25- 10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a) on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot with more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (3) The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. (C) A roof sign may be permitted instead of a freestanding sign under Section 25-10-132 (Roof Sign Instead Of Freestanding Sign). (D) Wall signs are permitted. (E) One flag for each curb cut is permitted. (F) For signs other than freestanding signs or roof signs, the total sign area for a lot may not exceed 20 percent of the facade area of the first 15 feet of the building. Source: Section 13-2-867; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 9, 8-28-17. 3. C16-2024-0002 Michael J. Whellan for Mark Worsham 12221 N. Mopac Expressway Service NB On-Line Link: ITEM03 ADV PACKET; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code: Section 25-10-124 (Scenic Roadway Sign District): (B) to allow more freestanding signs from one (1) (maximum allowed) to eight (8) (requesting) (existing) (B) (1) (b) to increase the maximum sign area on a lot from 64 square feet (maximum allowed) to 112 square feet (requesting) (B) (2) to increase overall sign height from 12 feet (maximum allowed) to 17 feet (requesting), (F) to allow for internally sign illumination for three (3) signs (requesting) (G) to decrease signs from the right-of-way of at least 12 feet (minimum required) to 3 feet (requesting) Section 25-2-191 (Sign Setback Requirements) (E) to decrease the setback of 12 feet from the street right-of-way (minimum allowed) to 0 feet (requesting) (F) (1) to increase height of not more than 30 inches (maximum allowed) to 17 feet (requesting) (F) (2) to reduce clearance of at least nine (9) feet (minimum allowed) to zero (0) feet (requesting). in order to remodel Free-standing sign(s) for Emergency Services/Hospital Services in a “PUD”, Scenic Roadway Sign District.         Note: 25-10-124 - SCENIC ROADWAY SIGN DISTRICT REGULATIONS. (A) This section applies to a scenic roadway sign district. (B) One freestanding sign is permitted on a lot. (1) The sign area may not exceed the lesser of: (a) 0.4 square feet for each linear foot of street frontage; or (b) 64 square feet. (2) The sign height may not exceed 12 feet. (C) Wall signs are permitted. (D) For signs other than freestanding signs, the total sign area for a lot may not exceed 10 percent of the facade area of the first 15 feet of the building. (E) In a Hill Country Roadway corridor, a spotlight on a sign or exterior lighting of a sign must be concealed from view and oriented away from adjacent properties and roadways. (F) Internal lighting of signs is prohibited, except for the internal lighting of individual letters. (G) In addition to the sign setback requirements established by Section 25-10-191 (Sign Setback Requirements), a sign or sign support must be installed at least 12 feet from the street right-of-way, or at least 25 feet from street pavement or curb in the right-of-way, whichever setback is the lesser distance from the street. This subsection does not apply to a sign permitted by Section 25-10-102(F) (Signs Associated with Political Elections). Source: Sections 13-2-867 and 13-2-868; Ord. 990225-70; Ord. 031030-11; Ord. 031211-11; Ord. No. 20170817-072, Pt. 10, 8-28-17. 25-10-191 – SIGN SETBACK REQUIREMENTS. (A) A sign installed in compliance with this section is not required to comply with building setback requirements established elsewhere in this title. (B) A sign support 12 inches or less in diameter is not required to be set back from a street right-of-way. (C) A sign support more than 12 inches and not more than 24 inches in diameter must be set back at least three feet from a street right-of-way. (D) A sign support more than 24 inches and not more than 36 inches in diameter must be set back at least five feet from the street right-of-way. (E) A sign support more than 36 inches in diameter must be set back at least 12 feet from the street right-of- way. (F) Except for a wall sign, a sign within 12 feet of a street right-of-way must have either: (1) a height of not more than 30 inches; or (2) a clearance of at least nine feet. (G) This section does not apply to a sign permitted by Section 25-10-102(F) (Signs Associated with Political Elections). Source: Section 13-2-886; Ord. 990225-70; Ord. 031030-11; Ord. 031211-11; Ord. No. 20170817- 072, Pt. 22, 8-28-17. Previous Postponed Variance cases: 4. C15-2024-0031 Victoria Haase for Austin Area School for Dyslexics, Inc. 2615 ½ Hillview Road 25-2-492 (Site Development Regulations): Setback Requirements to decrease the minimum rear yard setback from 10 feet Setback Requirements to decrease the minimum front yard setback from 25 feet Height Requirements to increase the height from 35 feet (maximum allowed) to 50 On-Line Link: ITEM04 ADV PACKET PART1, PART2, PART3, PART4; NO PRESENTATION The applicant is requesting a variance(s) from the Land Development Code, Section:  o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested)  width of at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved Impervious Coverage to increase from 45 percent (maximum allowed) to 60 Building Coverage to increase from 40 percent (maximum allowed) to 60% 5. C15-2024-0040 Leah M. Bojo for Chris Affinito 600 Cumberland Road and 2610 & 2612 South 1st Street On-Line Link: ITEM05 ADV PACKET; PRESENTATION; NG1-PRESENTATION; NG2-PRESENTATION 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)  (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the 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. This section applies to a property with density bonus ETOD (DBETOD) combining district Note: The Land Development Code Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations (A) zoning. (B) (H) 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. shared with a triggering property. (4) Compatibility Buffer. A compatibility buffer is required along a site's property line that is (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 Compatibility Buffers). 6. C15-2024-0041 Thomas M. Schiefer and Meghann Elena Rosales 1607 West 10th Street On-Line Link: ITEM06 ADV PACKET; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) and 25-2-779 (Small Lot Single-Family Residential Use) from impervious coverage requirements to increase from 45 percent (maximum allowed) to 65 percent (requested) in order to attach a Single-Family Residence in a “SF-3-NP”, Single-Family - Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) Note: Per Land Development Code: 25-2-779 - SMALL LOT SINGLE-FAMILY RESIDENTIAL USE. This section applies to a small lot single-family residential use. This section supersedes the base zoning district regulations to the extent of conflict. (A) (B) (C) (D) This subsection applies to small lot single-family residential use on a property zoned single-family residence small lot (SF-4A) district or less restrictive. Only one dwelling unit is permitted on a lot. (1) The minimum lot size is: (a) 3,600 square feet; or (b) for a corner lot, 4,500 square feet. (2) A lot that fronts on a cul-de-sac must have: (a) a chord width of not less than 33 feet at the front lot line; (b) a width of not less than 40 feet at the front yard setback line; and (c) a width of not less than 40 feet at all points 50 feet or more behind the front lot line. (3) The maximum height for a structure is 35 feet. (4) The minimum front yard setback is 15 feet. (5) The minimum street side yard setback is 10 feet. (6) The minimum interior side yard setback is three and one-half feet, except: (a)an interior side yard setback is not required if the interior side yard is adjacent to property zoned single-family residence small lot (SF-4A) district; and (b) the combined width of the interior side yards of a lot may not be less than seven feet. (7) The minimum rear yard setback is five feet, excluding easements. (8) The minimum setback between a rear access easement and a building or fence is 10 feet. (9) The maximum building coverage is 55 percent. (10) The maximum impervious cover is 65 percent. (11) A small lot single-family residential use must comply with the requirements of Section 25- 4-232 (Small Lot Subdivisions). (E) Subsections (F) through (M) apply to small lot single-family residential use on property zoned family residence (SF-3) district or more restrictive. (G) Building cover limits do not apply to a property zoned family residence (SF-3) district or more restrictive. (H) Impervious Cover. (1) The maximum impervious cover is the maximum allowed in the base zoning district regulations. (2) Except for a flag lot, the maximum front yard impervious cover for driveways and parking areas is 50 percent. (I) Subchapter F (Residential Design and Compatibility Standards) does not apply to a property zoned family residence (SF-3) district or more restrictive except as provided in Subsection (J). Source: Ord. 041118-57; Ord. No. 20240516-006, Pt. 5, 5-27-24. DISCUSSION ITEMS Discussion of the December 9, 2024, Board of Adjustment activity report On-Line Link: ITEM07 December 9, 2024-MONTHLY REPORT Discussion regarding removal of Item 13 from the December 9, 2024, Board of Adjustment agenda due to a concern that the posting language was too vague and therefore not in compliance with the Texas Open Meetings Act. Discussion regarding the process used to adopt findings that are required for Board of Adjustment action. 7. 8. 9. FUTURE AGENDA ITEMS AND ANNOUNCEMENTS ADJOURNMENT 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