ITEM04 C15-2025-0005 ADV PACKET MAY12 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item03 DATE: Monday March 10, 2025 CASE NUMBER: C15-2025-0005 ___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: Maximiliano Martinez OWNER: Death and Taxes ADDRESS: 2136 7TH ST Section 25-6-471 (Off-Stret Parking) (B) to reduce the minimum on-site accessible VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code,  space from one (1) (required) to zero (0) (requested) and  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) Section 25-6-474 (Parking Facilities for Persons with Disabilities) (B) to reduce the Note: Per Land Development Code: Except as provided in Subsection (B), off-street motor vehicle parking is not required. This article shall govern over a 25-6-471 – OFF-STREET PARKING. (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. ITEM04/1A minimum of one on-site accessible space is required. The minimum number of accessible spaces is calculated by taking 100 (B) 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 site must have: (A) a parking facility that is accessible to a person with disabilities; (1) routes of travel that connect the accessible elements of the site; and (2) (3) the number of accessible parking spaces required by the Uniform Building Code that is based on a calculation 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) A minimum of one on-site accessible space is required on an accessible route. If no driveway is provided, a 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) A person may appeal the requirements of this section to the Board of Adjustment. (D) land on which the use is located. A variance granted under Subsection (C) applies only to the use for which the variance was granted and does not run with the A variance granted under Subsection (C) must specify whether it includes bicycle parking and the amount of bicycle parking (E) 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. BOARD’S DECISION: 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. 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 Diana Ramirez forITEM04/2BOA GENERAL REVIEW COVERSHEET CASE: C15-2025-0005 BOA DATE: March 10th, 2025 ADDRESS: 2136 E 7th St OWNER: Death & Taxes 512, LP COUNCIL DISTRICT: 1 AGENT: G. Maximiliano Martinez, P.E. ZONING: CS-CO-MU-NP (Central East Austin) LEGAL DESCRIPTION: 92X129.9FT OLT 9 DIVISION B VARIANCE REQUEST: LDC: Section 25-6-471 (Off-Stret Parking) (B) to reduce the minimum on-site accessible space from one (1) to zero (0) and Section 25-6-474 (Parking Facilities for Persons with Disabilities) (B) to reduce the minimum on-site accessible space from one (1) to zero (0) SUMMARY: remodel an existing restaurant ISSUES: main access is along E 7th St and there is an elevation difference of 10 feet between E 7th St and the alley. Existing slopes and relatively small site area do not allow for the construction of an accessible route. ZONING LAND USES Site CS-CO-MU-NP SF-3-NP North South CS-CO-MU-NP East CS-MU-V-CO-NP West CS-CO-MU-NP General Commercial Services-Conditional Overlay-Mixed- Use Single-Family General Commercial Services-Conditional Overlay-Mixed- Use General Commercial Services- Mixed-use-Vertical Mixed Use-Conditional Overlay General Commercial Services-Conditional Overlay-Mixed- Use NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Blackshear-Prospect Hill Central Austin Concerned Architects Del Valle Community Coalition Non-profit East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Homeless Neighborhood Association Organization of Central East Austin Neighborhoods Overton Family Committee Preservation Austin Save Our Springs Alliance ITEM04/3 March 3, 2025 Maximiliano Martinez 2136 E 7th St Austin TX, 78702 Property Description: 92X129.9FT OLT 9 DIVISION B Re: C15-2025-0005 Dear Maximiliano, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-6- 471(B) and 25-6-474(B) at 2136 E 7th ST. that any proposed or Austin Energy does not oppose existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. the request, provided Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM04/4(Central East Austin) ITEM04/5ITEM04/6ITEM04/7ITEM04/8ITEM04/9OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE 491 OHE OHE OHE 490 O H E ALLEY O H E OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE 489 O H E 488 O H E 487 486 POTENTIAL ONSITE PARKING ELEVATION : 486' EXISTING GRADES EXCEED 5% SLOPES ADA ADA A D A O H E ADA ADA SUBJECT SITE: 2136 E. 7TH ST. OWNER: DEATH & TAXES 512, LP PROPOSED USE: GENERAL RESTAURANT (9,450 SQFT) REQUIRED ACCESSIBLE SPACES: 5 SPACES FFE: 481' 485 ADA 484 A D A 483 A D A A D A 482 A D A A D A A D A 481 A D A ADA A D A 2142 E. 7TH ST. OWNER: DEATH & TAXES 512, LP EXISTING USE: GENERAL RETAIL (3,500 SQFT) REQUIRED ACCESSIBLE SPACES: 1 SPACE 485 484 483 482 ADA ADA ADA ADA ADA A D A A D A A D A 481 4 ACCESSIBLE SPACES 4 STANDARD SPACES TOTAL REQUIRED ACCESSIBLE SPACES BETWEEN 2136 AND 2142 E 7TH ST: 6 ACCESSIBLE SPACES 480 2 ACCESSIBLE SPACES 3 STANDARD SPACES 479 A D A A D A A D A A D A A D A A D A OHE OHE OHE OHE OHE OHE OHE OHE ADA ADA 481 ADA ACCESSIBLE PATH: 224' ADA <2% SLOPE ADA ADA ADA 478 O H E O H E O H E O H E O H E EAST 7TH STREET (80' ROW) OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E OHE N O I T P I R C S E D E T A D . O N MAX@MILIANENGINEERING.COM FIRM REG# F-22686 956.251.5146 N A G A E R E H T T S H T 7 E 6 3 1 2 2 0 7 8 7 S A X E T , Y T N U O C S I V A R T , N I T S U A T I B I H X E S T N E M T S U J D A F O D R A O B ROBERT T MARTINEZ JR ST. (60' ROW) OHE OHE OHE OHE O H E OHE 1 OF 1 ITEM04/10 Property Profile Site Area Map Legend Property Addresses Jurisdiction FULL PURPOSE Jurisdictions Fill Jurisdiction FULL PURPOSE 0 150 300 ft 1/29/2025 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Notes ITEM04/11