ITEM01 BOA DRAFT MINUTES FOR MAR10 — original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, March 10, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, March 10, 2025, at 301 West 2nd Street in Austin, Texas. Vice-Chair Melissa Hawthorne called the Board of Adjustment Meeting to order at 5:45 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair (on dais 5:52pm), Melissa Hawthorne-Vice Chair, Jeffery Bowen, Brian Poteet, Maggie Shahrestani, Janel Venzant, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Thomas Ates, Yung-ju Kim, Bianca A. Medina-Leal (virtual 6:01pm) Board Members/Commissioners Absent None 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. Regarding the Postponement for Rawson Saunders case at the February BOA hearing. Regarding the Postponement for Rawson Saunders case at the February BOA hearing. 1. Ron Thrower 2. Victoria Haase APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment meeting on February 10, 2025. On-Line Link: Draft Minutes for February 10, 2025  The minutes from the meeting February 10, 2025, were approved on Board member Michael Von Ohlen, Board member Jeffery Bowen second, on 8-0 Vote (Chair Jessica Cohen, Board Member Bianca A Medina-Leal off the dais-in late). PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed Sign Variance case(s): 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. The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Deny; Board member Jeffery Bowen second on 10-0 votes; DENIED.  New Variance cases: 3. C15-2025-0005 Maximiliano Martinez for Death and Taxes 2136 E 7th Street Section 25-6-471 (Off-Stret Parking) (B) to reduce the minimum on-site On-Line Link: ITEM03 ADV PACKET; PRESENTATION; AE REPORT The applicant is requesting a variance(s) from the Land Development Code,  accessible space from one (1) (required) to zero (0) (requested) and  Section 25-6-474 (Parking Facilities for Persons with Disabilities) (B) to reduce the minimum on-site accessible space from one (1) (required) to zero (0) (requested) in order to remodel an existing restaurant in a “CS-CO-MU-NP”, General Commercial Services-Conditional Overlay-Mixed Use-Neighborhood Plan zoning district. (Central East Austin Neighborhood Plan) Note: Per Land Development Code: A minimum of one on-site accessible space is required. The minimum number of accessible spaces is A site must have: a parking facility that is accessible to a person with disabilities; routes of travel that connect the accessible elements of the site; and the number of accessible parking spaces required by the Uniform Building Code that is based on a calculation 25-6-471 – OFF-STREET PARKING. (A) Except as provided in Subsection (B), off-street motor vehicle parking is not required. This article shall govern over a conflicting provision of this title or other ordinance, unless the conflicting provision is less restrictive. This article applies to all uses and to specific regulating plans, Transit Oriented Development areas (TODs), and Neighborhood Conservation Combining Districts (NCCDs) that incorporate this chapter by reference. A planned unit development (PUD) that includes specific off-site parking requirements controls over this article. (B) calculated by taking 100 percent of the parking previously required for the use under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) and using that result to determine the number of accessible parking spaces required under the Building Code. Source: Section 13-5-97(f), (g) and (i); Ord. 990225-70; Ord. 031120-44; Ord. 031211-11; Ord. No. 20231102-028, Pt. 41, 11-13-23. 25-6-474 - PARKING FACILITIES FOR PERSONS WITH DISABILITIES. (A) (1) (2) (3) that uses 100 percent of the parking spaces previously required for the use under Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements). (B) minimum of one on-street or off-site accessible space is required on an accessible route per Subsection 25-6-471(D)(2). Sites that do not have dedicated motor vehicle parking spaces and no driveway access to, from, or through the site are exempt from providing on-site accessible spaces. (C) (D) not run with the land on which the use is located. (E) A variance granted under Subsection (C) must specify whether it includes bicycle parking and the amount of bicycle parking required. An applicant may also seek a waiver pursuant to Subsection (G) of Section 25-6-477 (Bicycle Parking) to waive bicycle parking. Source: Section 13-5-101; Ord. 990225-70; Ord. 031120-44; Ord. 031211-11; Ord. 20130523-104; Ord. No. 20231102- 028, Pt. 42, 11-13-23; Ord. No. 20240201-035, Pt. 2, 2-12-24. A variance granted under Subsection (C) applies only to the use for which the variance was granted and does A minimum of one on-site accessible space is required on an accessible route. If no driveway is provided, a A person may appeal the requirements of this section to the Board of Adjustment.  4. 5. 6. The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to Postpone to May 12, 2025; Board member Michael Von Ohlen second on 10-0 votes; POSTPONED TO MAY 12, 2025. C15-2025-0006 Jennifer Hanlen for David and Stephanie Goodman 3706 Meadowbank Drive On-Line Link: ITEM04 ADV PACKET; PRESENTATION; AE REPORT The applicant is requesting a variance(s) from the Land Development Code Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 41.3% (requested), in order to complete a remodel/addition to include a garage to an existing single family residence in an “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (WANG Neighborhood Plan). NOTE: LDC 25-2 Land Development, Subchapter F: Residential Design and Compatibility Standards, Article 2: - Development Standards, Section 2.1 – Maximum Development Permitted. The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to- area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured using gross floor area as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of 25-1-22 (Measurements). The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Deny; Board member Maggie Shahrestani second on 10-0 votes; DENIED. DISCUSSION ITEMS Discussion of the February 10, 2025, Board of Adjustment activity report On-Line Link: ITEM05 February 10, 2025-MONTHLY REPORT DISCUSSED; CONTINUED TO April 14, 2025 Discussion regarding a date/time in June 2025 for a BOA special called meeting/training session. Special called meeting training on June 9, 2025, 1:00 pm-4:00 pm FUTURE AGENDA ITEMS AND ANNOUNCEMENTS ADJOURNMENT 6:38 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