ITEM03 C15-2026-0006 ADV PACKET APR13 PART1

Board of Adjustment – April 13, 2026

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday March 9, 2026 CASE NUMBER: C15-2026-0006 ___-____Thomas Ates (D1) __Y_____Bianca A Medina-Leal (D2) __Y_____Jessica Cohen (D3) __Y_____Yung-ju Kim (D4) __-_____Melissa Hawthorne (D5) __Y_____Haseeb Abdullah (D6) __Y_____Sameer S Birring (D7) __Y_____Margaret Shahrestani (D8) __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) __-_____VACANT (Alternate) (M) OWNER/APPLICANT: Cole Stewart ADDRESS: 4301 Manzanillo Drive VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from six feet (6 ft) (maximum allowed) to eight feet (8 ft.) (requested) along rear property line (southeast) and street side yard property line (northeast), in order to erect a fence in a “SF-2”, Single-Family zoning district. Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and (2) a solid fence is a fence other than an ornamental fence. (C) The height restrictions of this section do not apply to an ornamental fence. (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up. (E) If there is a change in grade of at least one foot measured along any run of a solid fence along a property line, then the portion of the fence where the grade change occurs may be constructed to a maximum height of seven feet. (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six-foot fence and gain access to a hazardous situation, including a swimming pool. (G) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. (H) A solid fence may be constructed to a height of eight feet if the fence is located between a residential use and: (1) property zoned as a commercial or industrial base district; (2) property used for a commercial or industrial use; or (3) an alley that separates a residential use and: (a) property zoned as a commercial or industrial base district; or ITEM03/1(b) property used for a commercial or industrial use. (I) Except as provided in Paragraph (1), a fence shall be constructed in accordance with this subsection. (1) This subsection does not apply to a fence that: (a) was constructed before July 31, 2023; or (b) is more than six feet in height and located on a property with a non-residential use. (2) When more than 50 percent of the total linear distance of an existing fence is replaced, the entire fence must comply with this subsection. (3) For new or replacement fences that follow historic design standards, this subsection will control if there is a conflict with the historic design standards. (4) A fence may not include: (a) spiked pickets, spiked bars, or other spiked decorative elements above the top horizontal backer rail; (b) vertical pickets above the top horizontal backer rail if the vertical pickets are separated by more than two inches and less than nine inches; (c) razor-like wire; or (d) barbed wire unless the fence is enclosing an airport or other landing area for aircraft and the use of barbed wire is required by Federal Aviation Administration regulation. (5) A fence that creates a substantial risk of entrapment or impalement is prohibited. (6) A solid chain link fence shall use knuckle selvage. (J) A fence used as a swimming pool barrier shall comply with Chapter 25-12, Article 14 (Swimming Pool and Spa Code). Source: Section 13-2-308; Ord. 990225-70; Ord. 031211-11; Ord. 050127-64; Ord. No. 20141120-181, Pt. 1, 12-1-14; Ord. No. 20230720-156, Pt. 2, 7-31- 23. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Maggie Shahrestani’s motion to postponed to April 13, 2026; Board member Michael Von Ohlen second on 10-0 votes; POSTPONED TO APRIL 13, 2026. 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 forITEM03/2Board of Adjustment – Variance Application Addendum Case No: C15-2026-0006 4301 Manzanillo Drive Austin, Texas Applicant: Cole Stewart Request: Fence Height Variance Land Development Code §25-2-899(D) This addendum provides updated field measurements of fence length and grade change based on additional on-site measurements using a laser level and post-by-post ground measurements. ITEM03/3ITEM03/4Side Yard Fence Length and Grade Post Distance Along Fence (in.) Relative Grade Elevation (in.) 1 2 3 4 5 6 7 8 9 10 11 12 13 0 75.5 68.75 (144.25) 96.75 (241) 94.875 (335.875) 96.625 (432.5) 96 (528.5) 96.375 (624.875) 85.5 (710.375) 94.25 (804.625) 96.875 (901.5) 95.875 (997.375) 92.875 (1,090.25) [90.85ft] 32 30.25 28.75 27.25 24.125 20.25 18 17.875 18.25 13.625 12.25 10.5 10.5 Rear Yard Fence Length and Grade Post Distance Along Fence (in.) Relative Grade Elevation (in.) 14 15 16 17 18 19 96 93.5 (189.5) 94.5 (284) 97 (381) 96 (477) 88.625 (565.625) [47.14ft] 10.375 7.875 6.5 4 3.5 0 ITEM03/5From: Subject: Date: Attachments: RE: BOA Case C15-2026-0006 – Request for ROW Non-Objection Confirmation Friday, March 20, 2026 1:24:31 PM image001.png Cole, Thank you for providing that information. I am not certain who you will need to reach out to. We always send questions regarding fences to the Department that has the full process, and that information is on the weblink I sent. I think the best thing to do is schedule an appointment with DSD to get the additional assistance. I definitely don’t want to give you the incorrect information. Warm regards, Candace Calderon- Rodriguez Administrative Specialist Austin Transportation & Public Works ( RIGHT OF WAY) 512-974-7828 candace.calderon@austintexas.gov From: Sent: Friday, March 20, 2026 12:08 PM To: Calderon, Candace <Candace.Calderon@austintexas.gov> Subject: Re: BOA Case C15-2026-0006 – Request for ROW Non-Objection Confirmation External Email - Exercise Caution Hi Candace, I was specifically asked by the BOA in the last meeting/hearing for authorization from ROW, as the city is technically the “neighbor” of my property being on a side street, and zoning code requires neighbor authorization for my fence. DSD directed me towards the path of obtaining a variance from BOA, and the BOA is requesting ROW authorization before next meeting April 13th. Do you know if there is another department I need to contact that technically “owns” the side street? Appreciate the help. Thanks, Cole Stewart ITEM03/6 ITEM03/7Would your office be able to provide a brief written confirmation of this, or direct me to the appropriate contact? I have attached a survey and photos of the intersection and side street for reference. Thanks, Cole Stewart 9 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM03/8 BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0006 BOA DATE: Monday, March 9th, 2026 ADDRESS: 4301 Manzanillo Dr OWNER: Cole Stewart COUNCIL DISTRICT: 8 AGENT: N/A ZONING: SF-2 LEGAL DESCRIPTION: LOT 1 BLK Z MAPLE RUN SEC 3 VARIANCE REQUEST: increase the height from six feet (6 ft) (maximum allowed) to eight feet (8 ft.) (requested) along rear property line (southeast) and street side yard property line (northeast) SUMMARY: maintain 8 ft fence ISSUES: corner lot, sloping lot with opposing grade changes ZONING LAND USES Site North South East West SF-2 SF-2 SF-2 SF-2 SF-2 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Circle C Neighborhood Assn Deer Park Owners Association, Inc. Friends of Austin Neighborhoods Homeless Neighborhood Association Maple Run-Wheeler Creek-Woodstone Village Oak Hill Association of Neighborhoods (OHAN) Onion Creek Homeowners Assoc Preservation Austin Save Barton Creek Assn Save Our Springs Alliance South Austin Neighborhood Alliance (SANA) TNR BCP – Travis County Natural Resources ITEM03/9February 23, 2026 Cole Stewart 4301 Manzanillo Dr Austin TX, 78749 Property Description: LOT 1 BLK Z MAPLE RUN SEC 3 Re: C15-2026-0006 Dear Cole, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC, Section 25-2-899 at 4301 Manzanillo Dr. https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25LADE_CH 25-2ZO_SUBCHAPTER_CUSDERE_ART1GEPR_S25-2-472BOADVAAU Austin Energy does not oppose this request, provided that any proposed or existing improvements follow Austin Energy’s Clearance and 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 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashleigh Woolf, Project Assistant Austin Energy Infrastructure Support Services 4815 Mueller Blvd Austin, TX 78723 (512) 972-8400 ITEM03/10ITEM03/11Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Hardship 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 5 of 8 Land Development Code §25-2-899(D), which limits solid fences along a property line to six (6) feet in height (seven (7) feet where grade change applies). The applicant is requesting a variance to allow an existing solid fence to remain at a maximum height of approximately 7.5–8.0 feet along limited portions of the side and rear yards.The zoning regulations applicable to the property do not allow for a reasonable use because the property has a corner-lot configuration combined with opposing grade conditions. The yard slopes downward toward the rear while the adjacent side street slopes upward, resulting in a six-foot fence providing substantially reduced effective enclosure when compared to similarly zoned interior lots. Strict application of the fence height limitation prevents the fence from functioning as a normal residential enclosure on this property.The hardship is unique to the property due to physical characteristics including the corner-lot configuration with two public street frontages, measurable grade changes along the fence line, a drainage easement creating an open visibility corridor behind the property, and a City-owned utility pole located approximately three feet from the fence. These conditions are permanent physical features of the site and were not created by the property owner.The hardship is not general to the area because most surrounding properties are interior lots without dual street exposure, opposing grade conditions, or adjacent drainage easements that remove visual buffering. These properties are able to comply with the fence height limitation without experiencing the same loss of effective enclosure.ITEM03/12Area 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: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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 2/9/22 | Page 6 of 8 The requested variance will not alter the character of the area, impair adjacent conforming properties, or impair the purpose of the zoning regulations. The over-height portions of the fence are limited in extent, located along the side and rear yards behind the front building line, do not encroach into the public right-of-way, and do not obstruct required visibility. Adjacent property owners have expressed support for the existing fence height.Not applicable — no parking variance requested.Not applicable — no parking variance requested.Not applicable — no parking variance requested.Not applicable — no parking variance requested.ITEM03/13Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: _____________ Applicant Name (typed or printed): ___________________________________________________ Applicant Mailing Address: __________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): _________________________________________ Email (optional – will be public information): ________________________ Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: _____________ Owner Name (typed or printed): ______________________________________________________ Owner Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ________________________________________ Email (optional – will be public information): ________________________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Agent Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 2/9/22 | Page 7 of 8 2/4/2026Cole Stewart4301 Manzanillo Dr.AustinTX787492/4/2026Cole Stewart4301 Manzanillo Dr.AustinTX78749Additional supporting documentation, including photographs and topographic measurements, will be provided in the advanced packet.ITEM03/14