ITEM05 C15-2026-0017 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday May 11, 2026 CASE NUMBER: C15-2026-0017 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) ___-____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____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) ___Y____Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Mike Mchone OWNER: Brian Copland ADDRESS: 57 IH 35 SVRD NB (F) (4) (c) (i) from setback requirements for a front yard setback from 10 feet (F) (1) lot size requirements to decrease minimum lot size from 1,800 square VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family use) from:  feet (required) to 1,493 square feet (requested)  (required) to 5 feet (requested) and  Regulations) (D)(1) from Impervious Coverage requirements to increase from 40% (maximum allowed) to 60% (requested) in order to erect a Single-Family residence in an “GR-MU-CO-NP”, Community Commercial- Mixed-use-Combined Overlay- Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan). Land Development Code, Section 25-2-735 (Festival Beach Subdistrict Note: 25-2-779 SMALL LOT SINGLE-FAMILY RESIDENTIAL USE. (A) This section applies to a small lot single-family residential use. (B) This section supersedes the base zoning district regulations to the extent of conflict. (C) Only one dwelling unit is permitted on a lot. (D) This subsection applies to small lot single-family residential use on a property zoned single-family residence small lot (SF-4A) district or less restrictive. (1) The minimum lot size is: (a) 3,600 square feet; or (b) for a corner lot, 4,500 square feet. (2) A lot that fronts on a cul-de-sac must have: (a) a chord width of not less than 33 feet at the front lot line; (b) a width of not less than 40 feet at the front yard setback line; and (c) a width of not less than 40 feet at all points 50 feet or more behind the front lot line. (3) The maximum height for a structure is 35 feet. (4) The minimum front yard setback is 15 feet. (5) The minimum street side yard setback is 10 feet. (6) The minimum interior side yard setback is three and one-half feet, except: (a) an interior side yard setback is not required if the interior side yard is adjacent to property zoned single-family residence small lot (SF-4A) district; and (b) the combined width of the interior side yards of a lot may not be less than seven feet. (7) The minimum rear yard setback is five feet, excluding easements. (8) The minimum setback between a rear access easement and a building or fence is 10 feet. (9) The maximum building coverage is 55 percent. (10) The maximum impervious cover is 65 percent. (11) A small lot single-family residential use must comply with the requirements of Section 25-4-232 (Small Lot Subdivisions). (E) Subsections (F) through (M) apply to small lot single-family residential use on property zoned family residence (SF-3) district or more restrictive. (F) Lot Standards. (1) A lot must be at least 1,800 square feet but less than 5,750 square feet. (2) Lot Width. (a) Except for a flag lot, a lot must be at least 15 feet wide. (b) Except for the portion of a flag lot that provides street access, a flag lot must be at least 20 feet wide. (3) A flag lot must comply with Section 25-4-177 (Flag Lots). (4) Except as provided in Subdivisions (5) and (6), the following setbacks apply: (a) The minimum street side yard setback: (i) on a Level 1 street is the greater of five feet from the property line or 10 feet from curb, or in the absence of curbs, from the edge of the pavement; or (ii) on a Level 2, Level 3, or Level 4 street is 10 feet from the property line. (b) The minimum side yard setback is: (i) five feet; (ii) zero feet if adjacent to the portion of a flag lot that provides street access; or (iii) zero feet for a side lot line that is shared with a lot that was subdivided to less than 5,750 square feet and was approved on or after August 16, 2024. (c) The minimum front yard setback is: (i) 10 feet; or (ii) five feet if the lot is a flag lot; (iii) zero feet if the lot is a flag lot and the front lot line is shared with a lot that is shared with a lot that was subdivided to less than 5,750 square feet on or after August 16, 2024. (d) The minimum rear yard setback is: (i) five feet; or (ii) zero feet for a rear lot line that is shared with a lot that was subdivided to less than 5,750 square on or after August 16, 2024. (5) Except for a street side yard setback, when an attached dwelling unit abuts a property line, the minimum setback for that property line is zero. (6) Projections into Required Yards. (a) A windowsill, belt course, cornice, flue, chimney, eave, awning, box window, or cantilevered bay window may project two feet into a required yard. The two-foot limitation does not apply to a feature required for a passive energy design. (b) A one-story uncovered porch, stoop, or steps may project three feet into a required yard. (G) Building cover limits do not apply to a property zoned family residence (SF-3) district or more restrictive. (H) Impervious Cover. (1) The maximum impervious cover is the maximum allowed in the base zoning district regulations. (2) Except for a flag lot, the maximum front yard impervious cover for driveways and parking areas is 50 percent. (I) Subchapter F (Residential Design and Compatibility Standards) does not apply to a property zoned family residence (SF-3) district or more restrictive except as provided in Subsection (J). (J) Gross Floor Area. (1) This subsection applies to a property located within the area described in Subsection 1.2.1 of Subchapter F (Residential Design and Compatibility Standards). (2) GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls, except as provided in this subsection. (3) The gross floor area may not exceed the greater of 1,650 square feet or a floor-to-area ratio of 0.55. (4) The maximum unit size is 2,300 square feet. (K) Design Standards. (1) This subsection does not apply to a flag lot. (2) The minimum number of street-facing entrances is one. (3) Garage Placement (a) In this subsection, (i) BUILDING FACADE means the front-facing exterior wall or walls of the first floor of the residential structure closest to the primary street, and the term excludes the building facade of the portion of that structure designed or used as a parking structure. Projections from front-facing exterior walls, including but not limited to eaves, chimneys, porches, stoops, box or bay windows, and other similar features as determined by the building official, are not considered part of the building facade. (ii) PARKING STRUCTURE means an attached or detached garage or carport. (b) A parking structure may not be closer to the front lot line than the front-most exterior wall of the first floor of the building facade. (c) If a parking structure with an entrance that faces a front-yard abutting public right-of-way is less than 5 feet behind the building facade, the width of the parking structure may not exceed the width of the building facade as measured parallel to the front lot line. (L) Access Requirements for Driveways. (1) For lot widths less than 20 feet, the site may only take vehicular access off an improved alley or from a side street. (2) For lot widths 20 feet or greater but less than 30 feet, the site may only take vehicular access off of an improved alley, from a side street, or through a joint-use driveway with adjoining lots. (3) For lot widths of 30 feet or greater, the site may take vehicular access off of an improved alley, through a joint-use driveway with adjoining lots, or by individual driveway. (M) Reserved. Source: Ord. 041118-57; Ord. No. 20240516-006, Pt. 5, 5-27-24; Ord. No. 20250227-039, Pt. 2, 10-1-25. 25-2-735 FESTIVAL BEACH SUBDISTRICT REGULATIONS. (A) This section applies in the Festival Beach subdistrict of the WO combining district. (B) The primary setback line is located 100 feet landward from the Town Lake shoreline. (C) The secondary setback line is located 50 feet landward from the primary setback line. (D) For an area not included in a primary setback area or a secondary setback area, the maximum impervious cover is: (1) 40 percent; or (2) 70 percent, for a site that: (a) contains congregate care and retail uses on 15 or more acres; (b) is adjacent to 1.5 or more acres of parkland or publically accessible open space; (c) includes, within the congregate care use, at least: (i) 310 rental housing units that serve residents earning at or below 60% of area median family income; (ii) 40 rental housing units that serve residents earning at or below 30% of area median family income; and (iii) 100 rental housing units that serve residents which are either: • earning at or below 30% of the area median family income and receiving a rent subsidy; or • earning at or below 50% of area median family income, without a rent subsidy, or with a rent subsidy that is required to be available under federal law to residents earning up to 50% of area median family income. (d) contains the following enhanced water quality features: (i) water quality treatment utilizing green water quality controls sized at ½-inch or greater, based on assumed impervious cover of 68%; (ii) at least 30,000 square feet of porous pavement for pedestrian areas; (iii) at least 8,126 cubic feet of rainwater harvesting sufficient to capture 1.3 inches of runoff from 75,000 square feet of impervious cover; and (iv) on-site water quality ponds sufficient to treat a minimum of 6,200 cubic feet of off-site drainage. (E) For purposes of Subsection (D)(2) of this section, the term "rent subsidy" means a project-based voucher issued by, or under the auspices of, an agency of the United States Government that provides a rental subsidy to the landlord for a particular rental housing unit in an amount equal to or exceeding the difference between 30% of the resident's income and the market rate for the residential housing unit. (F) If an applicant elects to develop a site at greater than 40% impervious cover, as authorized under Subsection (D)(2) of this section, a restrictive covenant or other legal instrument approved by the director must be executed prior to site plan release in order to ensure that the conditions in Subsection (D)(2)(a)— (d) are binding on the site plan and enforceable by the City. (G) The maximum height is the lower of 60 feet or the maximum height allowed in the base zoning district. Source: Section 13-2-702(e); Ord. 990225-70; Ord. 031211-11; Ord. 20090611-074; Ord. No. 20160623-101, Pt. 1, 7-4-16. BOARD’S DECISION: The public hearing was closed by Chair Jeffery Bowen, Board Member Michael Von Ohlen’s motion to approve, Board Member Melissa Hawthorne second on 11-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: this property was given similar variances in 2016 due to TXDOT, in 2025 TXDOT again took 798 sq feet leaving 1493 sq ft if a very irregular shape lot. 2. (a) The hardship for which the variance is requested is unique to the property in that: the current smaller irregular shaped lot was created by the condemnation by TXDOT for the expansion of IH 35. (b) The hardship is not general to the area in which the property is located because: most lots in the neighborhood do not front on the IH 35 frontage/access road. 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: many lots in the neighborhood are developed with small homes and the proposed single family home is compatible with the adjacent property uses. Elaine Ramirez Executive Liaison Jeffery Bowen Chair for