ITEM05 C15-2026-0035 ADV PACKET OCT12 PART1 — original pdf

Backup

CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday September 14, 2026 CASE NUMBER: C15-2026-0035 ____-____Thomas Ates (D1) (Resigned) ____Y____Bianca A Medina-Leal (D2) ____-____VACANT (D3) ____Y____Yung-ju Kim (D4) ____Y____Melissa Hawthorne (D5) ____Y____Haseeb Abdullah (D6) ____-____Sameer S Birring (D7) (Resigned) ____Y____Margaret Shahrestani (D8) ____Y____Brian Poteet (D9) ____-____Michael Von Ohlen (D10) OUT ____-____Jeffery L Bowen (M) OUT ____-____Corry L Archer-MccClellan (Alternate) (M) ____Y____Suzanne Valentine (Alternate) (M) ____-____VACANT (Alternate) (M) APPLICANT: Victoria Goodman OWNER: Mark Sainsbury ADDRESS: 4523 AVENUE G VARIANCE REQUESTED: The applicant is requesting a variance from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8’) feet (maximum allowed) to nine feet (9’) (requested) (6 ft. solid + 3 ft. trellis), in order to maintain a fence along interior side property line (N/NE) & rear property line (E/SE) in a “SF-3-NCCD-NP”, Single-Family-Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). 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 ITEM05/1(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 (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 ITEM05/2(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: September 14, 2026 Vice Chair’s motion to postpone to October 12, 2026, Board member Melissa Hawthorne second on 7-0 votes; POSTPONED TO OCTOBER 12, 2026, NOT ENOUGH BOARD MEMBERS FOR VOTING PURPOSES. 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 Maggie Shahrestani Vice-Chair forITEM05/3BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0035 BOA DATE: Monday, September 14th, 2026 ADDRESS: 4523 Avenue G OWNER: Victoria Goodman & Mark Sainsbury COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-NCCD-NP (Hyde Park NP) LEGAL DESCRIPTION: LOT 4 *& N 40FT OF LOT 5 & S 47.5FT LOT 3 BLK 1 HYDE PARK ANNEX VARIANCE REQUEST: LDC, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8’) feet (maximum allowed) to nine feet (9’) (requested) (6 ft. solid + 3 ft. trellis) SUMMARY: maintain an 8 ft fence ISSUES: swimming pool ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Neighborhoods Council Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team North Austin Neighborhood Alliance Preservation Austin ITEM05/4August 27, 2026 Victoria Goodman 4523 Avenue G Austin TX, 78751 Property Description: LOT 4 *& N 40FT OF LOT 5 & S 47.5FT LOT 3 BLK 1 HYDE PARK ANNEX Re: C15-2026-0035 Dear Victoria, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-899 at 4523 AVENUE G. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. All signage will need to stay out of Austin Energy easements and 5’ from existing underground electric lines. 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. Ashley Robinson, Planner III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 ITEM05/5 ITEM05/6ITEM05/7ITEM05/8Section 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 07/29/2026Victoria Goodman4523 Avenue GAustinTexas7875107/29/2026Victoria Goodman4523 Avenue GAustinTexas78751Victoria Goodman4523 Avenue GAustinTexas78751ITEM05/902/06/2026ITEM05/10Survey is marked: 1. turquoise original fence 6ft solid+3ft ornamental trellis (with variance C15-2009-0013) 2. red new fence 6ft solid+3ft ornamental trellis fence (seeking variance) 3. green neighbor’s adjacent 9ft solid fence ITEM05/11The following 3 images show the original 2009 6ft solid+3ft ornamental trellis fence (Variance C15-2009-0013) POOL 2009 ORIGINAL FENCE: 2009 VARIANCE C15-2009-0013 (marked in turquoise on survey) ITEM05/12POOL 2026 ORIGINAL FENCE BEYOND (marked in turquoise on survey) ITEM05/13Pool ORIGINAL FENCE: VARIANCE C15-2009-0013 LOOKING EAST & SOUTH (marked in turquoise on survey) ITEM05/14NEW FENCE: LOOKING EAST (marked in red on survey) ITEM05/15NEW FENCE: LOOKING NORTH (marked in red on survey) ITEM05/16