ITEM06 C15-2026-0010 DENIED RECON REQ DS — original pdf

Backup

CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday May 11, 2026 CASE NUMBER: C15-2026-0010 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) ___-____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___N____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) ___N____Corry L Archer-McClellan (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: David Anderson OWNER: Mark A Macaulay ADDRESS: 4219 1st Street VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-814 (Service Station Use) (3) to increase queue lanes from eight [8] vehicle queue lanes to twelve [12] vehicle queue lanes (requested) in order to erect a Service Station in a “CS-MU-NP ” Commercial Services-Mixed Use Neighborhood Plan (West Congress) zoning district. Note: 25-2-814 - SERVICE STATION USE. A service station use: (1) must be screened from the street by a building or a landscape buffer that includes shade trees; (2) may not have more than 16 fuel dispensers; and (3) may not have more than eight vehicle queue lanes. Source: Ord. 20060831-068; Ord. 20110804-008. BOARD’S DECISION: April 13, 2026 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen’s motion to approve with a condition that the heritage tree is preserved, Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED WITH A CONDITION THAT THE HERITAGE TREE IS PRESERVED. RECONSIDERATION REQUEST: May 11, 2026 Vice Chair Maggie Shahrestani’s motion to deny the reconsideration request, Board Member Melissa Hawthorne second on 9-2 votes (Board Members Haseeb Abdullah, Corry Archer-McClellan nay); RECONSIDERATION REQUEST DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for reasonable use because: compliance with the queue lane configuration illustrated in the TCM would prevent the site from functioning safely and efficiently as intended, the TCM illustration depicts a configuration that does not reflect modern fueling operations and would result in increased vehicular conflict points, reduced maneuverability and reduced visibility. 2. (a) The hardship for which the variance is requested is unique to the property in that: property is a subject to physical constraints due to configuration including lot, limited lot depth that prevents code required double stack configuration limited lot width which limits safe maneuverability and required residential compatibility buffer along the eastern portion of the site and required storm water detention and water quality infrastructure along the west and heritage tree which will be kept. (b) The hardship is not general to the area in which the property is located because: the combination of site constraints uniquely limits the design flexibility on this property. 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: the adjoining neighbors are commercial the proposed configuration will improve pedestrian and vehicular safety by reducing curb cuts and adding sidewalks which none exist today. Elaine Ramirez Executive Liaison Jeffery Bowen Chair for