ITEM04 C15-2025-0005 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item 04 DATE: Monday May 12, 2025 CASE NUMBER: C15-2025-0005 ___-____Thomas Ates (D1) OUT ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Niccolo A Sacco (D6) OUT ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___-____Michael Von Ohlen (D10) OUT ___Y____Jeffery L Bowen (M) ___-____Corry L Archer-mcclellan (Alternate) (M) OUT ___Y____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: 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. A minimum of one on-site accessible space is required. The minimum number of accessible spaces is calculated by (B) 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). 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 A minimum of one on-site accessible space is required on an accessible route. If no driveway is provided, a (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) A person may appeal the requirements of this section to the Board of Adjustment. (D) run with the 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 (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. 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. MAY 12, 2025 The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to Approve with condition that the joint access easement is reviewed and executed recorded prior to a CO; Board member Maggie Shahrestani second on 9-0 votes; GRANTED WITH CONDITION THAT THE JOINT ACCESS EASEMENT IS REVIEWED AND EXECUTED RECORDED PRIOR TO A CO. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: as the exiting building is going to be remodeled as well as in addition provided and there is an elevation change from the front to back the property and if an perking is provided then it must include an accessible space and the two sides have worked together jointly for years and this will not change with the joint use of access easement for the handicap space. 2. (a) The hardship for which the variance is requested is unique to the property in that: as the sites main access along 7th Street, there is an elevation difference of 10 feet between 7th Street and the alley, so the slope makes it slope and the small side are do not really allow for accessible parking space or route along on that particular part of the postage stamp.  (b) The hardship is not general to the area in which the property is located because: as 7th Street is a major corridor and topography does change along 7th Street and is not uncommon to actually see that the alley side be higher or lower in this area. 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: as the site will continue to function as it has with the accessible parking adjacent. Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for