ITEM01 BOA DRAFT MINUTES FOR SEPT8 — original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, September 8, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, September 8, 2025, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:37 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Yung-ju Kim, Brian Poteet, Bianca A. Medina-Leal, Maggie Shahrestani, Corry L Archer-Mcclellan (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates, Sameer S Birring Board Members absent: Niccolo A Sacco, Michael Von Ohlen, Suzanne Valentine (unavailable) 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. NONE APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment meetings on August 11, 2025. On-Line Link: Draft Minutes for August 11, 2025 The minutes from the meeting on August 11, 2025, were approved on Vice Chair Melissa Hawthorne, Board member Corry L. Archer-Mcclellan second, on 9-0-1 Vote (Board member Maggie Shahrestani abstained). PUBLIC HEARINGS Discussion and action on the following cases. New Sign cases: 2. C16-2025-0005 Jonathan Perlstein for Elizabeth McFarland 4700 Weidemar Lane On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3, PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-127 (Multi-Family Residential Sign District Regulations):   (E) (2) (a) to exceed total sign area of 35 square feet (maximum allowed) to 192 square feet (requested) (facing south on building extension, not directly facing Weidemar Ln) (E) (2) (a) to exceed total sign area of 35 feet (maximum allowed) to 96 square feet (requested) for Halo signs in order to provide signage for Alexian St. Elmo in a “MF-6-CO- NP”, Multi-Family – Conditional Overlay - Neighborhood Plan zoning district. (East Congress Neighborhood Plan), Multi-Family Residential Sign District. This subsection applies to a multifamily residential sign district: For signs other than freestanding signs, the total sign area for a lot may not exceed the lesser of: 0.5 square feet for each linear foot of street frontage; or 35 square feet. Land Development Code Section 25-10-127 Multi-Family Residential Sign District Regulations (A) (E) (1) (2) Source: Section 13-2-867; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 11, 8-28-17. The public hearing was closed by Chair Jessica Cohen, Madam Chair Jessica Cohen’s motion to Postpone to October 13, 2025; Board member Tommy Ates second on 9-0-1 votes (Vice Chair Melissa Hawthorne abstained); POSTPONED TO October 13, 2025. New Variance cases: 3. C15-2025-0018 Gary Cooley 3123 Edgewater Drive On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3, PART4, PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code:  Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback (south side) from 20 feet (required) to 10 feet (requested)  Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (west side) from 10 feet (required) to 5 feet (requested)  Section 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) from impervious coverage requirements to increase from 35% (maximum allowed) to 45 % (requested) in order to erect an attached 2-car garage and expand existing kitchen of an existing legal non-complying Single-Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or is a legal tract exempt from the requirement to plat. For the above address the Subdivision Plat was recorded on December 9, 1958 Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (C) This subsection specifies lot width and impervious cover restrictions in a Lake Austin (LA) district: (3) For a lot included in a subdivision plat recorded before April 22, 1982, or a tract that is not required to be platted, impervious cover may not exceed: (a) 35 percent, on a slope with a gradient of 15 percent or less; (b) 10 percent, on a slope with a gradient of more than 15 percent and not more than 25 percent; (c) 5 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (d) 40 percent, if impervious cover is transferred under Subsection (D). The public hearing was closed by Chair Jessica Cohen, Vice Chair Melissa Hawthorne’s motion to Approve 45% Impervious cover and approve side and rear setback as requested, an amendment was made by Board member Maggie Shahrestani to approve 42.5% Impervious cover, Board member Brian Poteet second on 8-2 vote, Motion failed; 2nd amendment was made by Bianca Medina-Leal to approve 42% Impervious coverage and 300-gallon rainwater capture, Vice Chair Melissa Hawthorne second on 10-0 vote, GRANTED; MAIN MOTION WITH 2ND AMENDMENT TO APPROVE SIDE AND REAR SETBACK WITH 42% IMPERVIOUS COVER AND 300-GALLON RAINWATER CAPTURE.. Previous Postponed cases: 4. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road On-Line Link: ITEM04 ADV PACKET PART1, PART2, PRESENTATION 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. 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. 5. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM05 ADV PACKET PART1, PART2, PRESENTATION 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 forty-six feet and one inch (46’ 1”) (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. 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. DISCUSSION ITEMS 6. Discussion of the August 11, 2025, Board of Adjustment activity report On-Line Link: ITEM06 August 11, 2025-MONTHLY REPORT DISCUSSED DISCUSSION AND ACTION ITEMS FUTURE AGENDA ITEMS AND ANNOUNCEMENTS ADJOURNMENT 6:51 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