ITEM03 C15-2026-0013 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday May 11, 2026 CASE NUMBER: C15-2026-0013 ___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: CJ + BP 2713 Hemphill, LLC ADDRESS: 2713 HEMPHILL PARK VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 Site Development Regulations) and North University Neighborhood Association NCCD Ord. No. 040826-58, PART 7 (Residential District)(1) from:  lot size requirements to decrease minimum lot size from 8,000 square feet (required) to 7,771.41 square feet (requested)  setback requirements for a front yard setback from 15 feet (required) to 5 feet  (requested) and from North University Neighborhood Association NCCD Ord. No. 040826-58 PART 6 (7) Parking (g) to reduce on-site parking from 24 parking spaces (required) to 14 parking spaces (requested) in order to erect a Multi-family residential use in an “MF-5-NCCD-ETOD-DBETOD- NP”, Multi-Family -Neighborhood Conservation Combining District-Equitable Transit- Oriented Development-Density Bonus ETOD- Neighborhood Plan zoning district. (NUNA NCCD Neighborhood Plan). Note: North University Neighborhood Association NCCD Ordinance No. 040826-58 Part 6 General Provisions. Except as otherwise provided in this ordinance, the following provisions apply to all property within the NCCD-NP. This section does not apply to Waller Creek/Seminary District 7 or District 7A. 7. Parking a. Except as otherwise provided in this section, a parking space for a residential use may not be located in a street side yard. b. The maximum number of parking spaces in all street yards on a site is two. c. Pavement for a parking space in a front yard may not be located in front of a principal structure. d. Except for a single-family or two-family residential use, excess parking is prohibited. e. This subsection applies to an existing single-family, duplex, or two-family residential. If 400 square feet or more are added to the conditioned gross building floor area, the use must comply with current parking regulations. This includes conversion of accessory space to habitable space. f. A person may not reduce existing parking spaces to a number less than the number of spaces prescribed in the City Code for the present use nor may a person reallocate existing parking spaces to a new use unless the prior use is terminated or reduced in size. g. For multi-family use, a parking space must be provided for each bedroom in a dwelling unit. h. For tandem parking, only one car may be parked behind one other. This provision includes a car parked in a garage or open parking area. i. The following provision applies to required parking spaces. 1) For a single-family residential use, tandem parking is permitted. 2) For a multi-family use, tandem parking is permitted if both spaces are assigned to the same unit. 3) For a duplex or two-family residential use, tandem parking is permitted if the use is less than 2,500 square feet. j. This section applies to a duplex or two-family residential use if there are at least five bathrooms in all buildings in which the use is located. An additional parking space is required for each new full bathroom constructed on the property. k. The parking requirements in Title 25 and this ordinance apply to a two-family or duplex residential use that is converted from a single-family use. BOARD’S DECISION: The public hearing was closed by Chair Jeffery Bowen, Board Member Melissa Hawthorne’s motion to approve, Board Member Michael Von Ohlen second on 11-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot size and configuration for this piece of property was established prior to the NCCD and with the grade change as well as the water and wastewater easement there it does tighten the site. 2. (a) The hardship for which the variance is requested is unique to the property in that: most laws in the area are already developed in this property and now vacant and is encumbered by the large trees as well as the easement and is half a block from campus. (b) The hardship is not general to the area in which the property is located because: most lots don’t have the substantial grade difference from front to back. 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: as the structure will be in between two structures of similar size as well as being a half a block from literally UT and very much will be student housing that is needed. PARKING: (Additional criteria for parking variance only) 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 specified regulation because: this project is half a block north of UT and most of the trips will be pedestrian oriented. 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: there is parking being provided and due to the design, it will have a one way direction and it will be adequately provided onsite. 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objective of this Ordinance because: as the onsite parking will be adequate for the tenants as well as a lot of students these days don’t bring cars to school. 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: any changes will require a new site plan submittal, which would have different parking requirements. Elaine Ramirez Executive Liaison Jeffery Bowen Chair for