ITEM05 C15-2025-0026 ADV PACKET PART1_OCT13

Board of Adjustment – Oct. 13, 2025

ITEM05 C15-2025-0026 ADV PACKET PART1_OCT13 — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday September 8, 2025 CASE NUMBER: C15-2025-0026 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Niccolo A Sacco (D6) OUT-RESIGNED ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___-____Michael Von Ohlen (D10) OUT ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) OUT-UNAVAILABLE ___-____VACANT (Alternate) (M) APPLICANT: Stephen Hawkins OWNER: Red Bud Partners, LP ADDRESS: 1750 CHANNEL RD VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Postpone to September 8, 2025; Vice-Chair ITEM05/1Melissa Hawthorne second on 9-0 votes; POSTPONED TO September 8, 2025. September 8, 2025 Applicant requested postponement to October 13,2025; Madam Chair Jessica Cohen’s motion to Postpone to October 13, 2025; Board member Corry Archer-Mcclellan second on 10-0 votes; POSTPONED TO October 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 forITEM05/2September 23, 2025 Letter of Support for Variance Requests C15-2025-0026 & C15-2025-0027 Dear Chair Cohen and Members of the Board of Adjustments — We support variance requests C15-2025-0026 and C15-2025-0027. We are long-time residents of the area and are familiar with navigation at this location. We know of no reason the proposed docks would create navigational hazards. We like the proposed layout, believe it both protects and enhances the shoreline, so the variance requests should be granted. Sincerely — Reed and Laura Armstrong 4807 Laguna Lane Austin, TX 78746 ITEM05/3CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday August 11, 2025 CASE NUMBER: C15-2025-0026 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Niccolo A Sacco (D6) OUT ___-____Sameer S Birring (D7) OUT ___-____Margaret Shahrestani (D8) OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) OUT ___-____VACANT (Alternate) (M) OUT APPLICANT: Stephen Hawkins OWNER: Red Bud Partners, LP ADDRESS: 1750 CHANNEL RD VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Postpone to September 8, 2025; Vice-Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO September 8, 2025. ITEM05/4FINDING: 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 forITEM05/5August 18th, 2025 Board of Adjustment P.O. Box 1088 Austin, TX 78767 Re: Variance for 1750 & 1752 Channel Road from LDC 25-2-1176(A)(1) to allow for extending of (2) boat docks greater than 30’ from shoreline. Dear Board Members, This letter provides clarification on points discussed at the BOA hearing on August 11, 2025, concerning cases C15-2025-0026 and C15-2025-0027, which relate to site plan SP-2025-0119D. The plan proposes replacing existing non-conforming, grandfathered boat docks with two new boat docks that will comply with current code. The variance request is to construct these new boat docks at a distance greater than 30 feet from the shoreline, a measure deemed necessary for navigational and safety reasons. We request that the BOA grant this variance to enable the property owners to use their docks safely and legally, consistent with other neighboring docks that exhibit similar bathymetry. An image from the City of Austin GIS services illustrates the lake's bathymetry. It shows that docks upstream of 1750 and 1752 Channel Road have similar depths extending from their respective shorelines. Conversely, downstream from these properties, specifically along 1746 and 1744 Channel Road, the lake becomes less shallow, indicating these properties do not face the same navigational safety challenges. ITEM05/6Dredging Information: In most cases where the lake is shallow and a new boat dock is proposed, the allowable 25 cubic yards of dredge per LDC 25-2-1176(A)(1) is sufficient to allow navigational safety. In this case, for both 1750 and 1752 Channel Road, the amount of dredge would substantially exceed that amount. 1750 Channel Road Dredge Exhibit: For modern watercraft to operate safely, a minimum water depth of 4 feet is required. At 1750 Channel Road, this depth is naturally achieved 30 feet from the shoreline. Dredging the area between this 30-foot point and the existing bulkhead/shoreline would result in more than 25 cubic yards of dredged material. To comply with legal limits, the proposed design extends only 37 feet 3 inches from the shoreline, significantly reducing the volume of dredge material. ITEM05/71752 Channel Road Dredge Exhibit: To ensure safe operation for modern watercraft, a minimum water depth of 4 feet is required. At 1750 Channel Road, this depth is achieved 30 feet from the shoreline. Dredging from this point to the existing bulkhead or shoreline of the property would result in more than 25 cubic yards of dredge material. The proposed design extends 46 feet 1 inch from the shoreline, which reduces the dredge material to a legally permissible amount. ITEM05/8In each of these cases, dredging greater than 25 cubic yards of material would require a separate variance approval from the environmental commission to this section of code - there is no guarantee of this being approvable and historically has been denied by the committee Design Notes: It should be noted that neither proposed dock at 1750 or 1752 Channel Road are being proposed at a greater length from shoreline than what is currently existing/non-conforming on site. In both cases, the designs of the docks have been brought in closer to shoreline. 1752 Channel Road is being reduced in length by 3’ 8”, and 1750 Channel is being reduced by 6”. Navigation: This section of the lake is wide, measuring over 800 feet at its widest point between the end of the Channel Rd. docks and the opposing side of the lake: ITEM05/9This distance is concurrent, if not a small increase, from the average width of Lake Austin in and around the 360 Bridge, as seen below. An increase in boat dock length of 7’3” and 16’1”, respectively to 1750 and 1752 Channel Road, would not be an apparent risk to boater safety in this section of the lake. ITEM05/10Effects of Dredging: Due to its proximity to Bull Creek and Austin Country Club, the proposed boat dock site experiences constant sedimentation, making this historically shallow area of Lake Austin difficult to navigate. Without the requested variance and should the docks be required to adhere to the 30’ rule, perpetual dredging would be needed to maintain boat access. The permitting of dredging, which is typically a one-time operation for navigability, requires city approval. However, dredging’s environmental impact on Lake Austin is significant, releasing lakebed material and causing: ● Increased Water Turbidity: Reduces light, harming aquatic vegetation and visibility. ● Habitat Disruption: Destroys crucial benthic habitats. ● Release of Contaminants: Re-suspends pollutants. ● Altered Water Chemistry: Changes nutrient and oxygen levels, potentially causing algal blooms. ● Impact on Fish Spawning Grounds: Destroys vital fish breeding areas. Granting the variance is crucial to avoid continuous, environmentally damaging dredging, thereby preserving Lake Austin's ecosystem. Final Notes: Included in this letter is the latest comment report from the DSD, showing that all comments have been cleared pertaining to the design of the new docks, save for that pertaining to the variance request of extending greater than 30’ from shoreline. Also included in this letter are letters of support from the neighbors of 1750 & 1752 Channel Road, who can attest to the shallow nature of the lake at this section. Based on the navigational and safety concerns, the impracticality and environmental harm of extensive dredging, and the support from neighboring properties, we respectfully request that the Board of Adjustment grant the variance for 1750 and 1752 Channel Road. This will allow for the construction of new boat docks extending greater than 30 feet from the shoreline, ensuring safe and legal watercraft operation while protecting Lake Austin's delicate ecosystem. ITEM05/11ITEM05/12ITEM05/13Exhibit A ITEM05/14Exhibit B 1750 Channel Road is proposed to extend 37’3” from shoreline and 1752 Channel Road is proposed to extend 46’1” from shoreline, making them the shortest boat docks in the path of travel on this section of the lake. ITEM05/15 This Master Comment Report includes all staff comments received to date about your most recent site plan submittal. The comments may include requirements, recommendations, or information. The requirements in this report must be addressed by an updated site plan submittal. Case Number: SP-2025-0119D Revision #: 00 Case Manager: Clarissa E. Davis Phone #: 512-974-1423 Update: U3 Email: Clarissa.Davis@austintexas.gov Project Name: 1750/1752 CHANNEL ROAD BOAT DOCKS Location: 1750 CHANNEL RD BLDG BD August 7, 2025 Submittal Date: Report Due Date: August 21, 2025 Final Report Date: August 20, 2025 Update Deadline (Expiration Date): May 22, 2026 Final Update Deadline [LDC § 25-5-113]: ● Failure to submit a final update by the deadline will result in the automatic denial of the application, unless: (1) The site plan application has been approved; or (2) A request for an extension has been granted. [LDC § 25-1-82(F)] ● If the deadline falls on a weekend or City of Austin holiday, the next City of Austin workday will be the deadline. ● The applicant or their agent is responsible for updating this site plan application and clearing all comments. Update Submittals: ● A formal update submittal is required. Updates can be submitted through the Site Plan Update and Formal Web Form. Updates submitted after 3:00 p.m. may be processed on the following business day. ● A written response to every comment is required in addition to the updated plan set. ● More comments may be generated as a result of information or design changes provided in your update. Site Plan Approval: ● The site plan will be approved when all requirements from each review discipline have been addressed. REVIEWERS: Planner 1 : Erik Holden Site Plan : Clarissa E. Davis ITEM05/16 Site Plan Review – Clarissa E. Davis (512) 974-1423 - clarissa.davis@austintexas.gov BOAT DOCKS, BULKHEADS AND SHORELINE MODIFICATION SP1. – Cleared. SP2. Both docks extend too far into the lake from the shoreline. Please revise. U3: This will require a BOA variance. Please reach out to Elaine Ramirez for more information. SP3. – Cleared. SP4. – Cleared. ADMINISTRATIVE SP5. – SP 6 – Cleared. SP7. Add a north arrow to the location map on the cover sheet. U3: Cleared. SP8. – SP 9 – Cleared. END OF MASTER COMMENT REPORT Comment Resolution Process: You can submit a Comment Resolution Request if: 1. You have identified two or more comments in your Master Comment Report that conflict with each other; and 2. You do not believe that the comments can be satisfied. Comment Resolution Requests can only be submitted and resolved between review cycles. They cannot be submitted while the site plan is in review. Use the Comment Resolution Request Web Form to submit your request. Questions or Concerns? Contact Us: If you have any questions or concerns or if you require more information about this report, please do not hesitate to contact your Case Manager at the email address listed at the top of this report or by writing to the City of Austin, Development Services Department, P.O. Box 1088, Austin, Texas 78767. ITEM05/17 BOA GENERAL REVIEW COVERSHEET CASE: C15-2025-0026 BOA DATE: Monday, August 8th, 2025 ADDRESS: 1750 Channel Rd OWNER: Red Bud Partners, LP COUNCIL DISTRICT: 8 AGENT: Stephen Hawkins ZONING: SF-2 LEGAL DESCRIPTION: CHANNEL ROAD SUBD BLK A LOT 1 VARIANCE REQUEST: LDC, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested). SUMMARY: erect a boat dock ISSUES: uniquely shallow due to sedimentary deposits. ZONING LAND USES SF-2 Site North LA South East West SF-2; LA SF-2 SF-2 Single-Family Lake Austin Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council City of Rollingwood Friends of Austin Neighborhoods Preservation Austin Save Our Springs Alliance TNR BCP – Travis County Natural Resources ITEM05/18July 21, 2025 Stephen Hawkins 1750 Channel Rd Austin TX, 78746 Property Description: CHANNEL ROAD SUBD BLK A LOT 1 Re: C15-2025-0026 Dear Stephen, 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 25-2-1176(A)(1) at 1750 Channel Road. Austin Energy does not oppose the request, provided that any proposed or 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. 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_1.10.0CL SARE 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 ITEM05/19ITEM05/20Portion of the City of Austin Land Development Code applicant is seeking a variance from: LDC 25-2-1176(A)(1): "A dock may extend up to 30 feet from the shoreline [into the lake], except ____________________________________________________________________________ that the director may require a dock to extend a lesser or greater distance from the shoreline if ____________________________________________________________________________ deemed necessary to ensure navigation safety" to allow for building a dock 37'3" from the ____________________________________________________________________________ shoreline into the lake. ____________________________________________________________________________ (cid:21)(cid:28)(cid:26)(cid:42)(cid:31)(cid:37)(cid:36) (cid:6)(cid:11) (cid:23)(cid:24)(cid:40)(cid:31)(cid:24)(cid:36)(cid:26)(cid:28) (cid:15)(cid:31)(cid:36)(cid:27)(cid:31)(cid:36)(cid:30)(cid:41) The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: The maximum length from shoreline allowed for a boat dock is a navigational hazard, due to the ____________________________________________________________________________ naturally existing shallow conditions of Lake Austin in this area. Similar neighboring properties ____________________________________________________________________________ have addressed this unique environmental feature for decades by building their boat docks ____________________________________________________________________________ further into the lake. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: The bathymetry of Lake Austin in this area is uniquely shallow, due to annual sedimentary ____________________________________________________________________________ deposits caused by neighboring property's runoff. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ b) The hardship is not general to the area in which the property is located because: The homeowners are seeking no special privilege to shoreline use not already given to owners ____________________________________________________________________________ of other similar situated property with approximately contemporaneous development. Due to the ____________________________________________________________________________ nature of the lake's inaccessibility in this area, the extension of a boat dock greater than 30' from ____________________________________________________________________________ shoreline is requested to guarantee the owner's right to access. ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application (cid:21)(cid:18)(cid:28)(cid:18)(cid:21)(cid:21) | Page 5 of 8 ITEM05/21Area Character 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: The variance will allow the proposed boat dock to be a functional appurtenence similar to other ____________________________________________________________________________ docks in the area that have been built greater than 30' from shoreline. The proposed dock will ____________________________________________________________________________ adhere to all other Land Development codes pertaining to boat docks. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application (cid:21)(cid:18)(cid:28)(cid:18)(cid:21)(cid:21) | Page 6 of 8 ITEM05/22ITEM05/23