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Oct. 10, 2022

ITEM7 C15-2022-0070 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item 7 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0070 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Janis J. Smith PE OWNER: David Richard ADDRESS: 4625 ROCKCLIFF RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) from: (A) (2) to extend the dock length no more than 20% percent (maximum allowed) to 35% percent (requested) of the channel width in order to erect a boat dock in an “LA” Lake Austin Residence zoning district. NOTE: 25-2-1176 - SITE DEVELOPMENT REGULATIONS FOR DOCKS, MARINAS, AND OTHER LAKE FRONT USES A dock or similar structure must comply with the requirements of this subsection. (A) (2)No portion of a dock shall extend more than 20% of a channel width as measured by a line that is perpendicular to the centerline of the channel and that extends from the shoreline where the dock is located to the opposite shoreline. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve; Board member Melissa Hawthorne second on 9-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: The site shoreline borders a cove that’s extremely shallow, there’s one access path within the cove that’s deep enough to be navigable, and the rest of the cove is less than 2’ deep. 2. (a) The hardship for which the variance is requested is unique to the property in that: the water is extremely shallow in this location, and the dock has to extend to the lone navigable access path in order to be used. (b) The hardship is not general to the area in which the property is located because: the vast majority of dock sites on Lake Austin have sufficiently deep water to be permitted following code limitations. 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: Both shorelines …

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Oct. 10, 2022

ITEM8 C15-2022-0071 PP DS 11-14-22 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item 8 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0071 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Micah King OWNER: Daniel Mitchell ADDRESS: 2311 LAFAYETTE AVE VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) for a Two-Family Residential a) (C) (5) (a) to increase the total square footage of a Secondary Dwelling unit from the lesser of 1,100 square feet or 0.15 FAR (maximum allowed) to 1,452 square feet; and b) (C) (5) (b) to increase the second floor square footage of 550 square feet (maximum allowed) to 756 square feet (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: Per LDC 25-2-774 - TWO-FAMILY RESIDENTIAL USE. (A) For a two-family residential use, the base zoning district regulations are superseded by the requirements of this section. (B) For a two-family residential use the minimum lot area is equivalent to a standard lot. (C) The second dwelling unit: (1) must be contained in a structure other than the principal structure; (2) must be located: (a) at least 10 feet to the rear or side of the principal structure; or (b) above a detached garage; (3) may be connected to the principal structure by a covered walkway; (4) may not exceed a height of 30 feet, and is limited to two stories; (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 2022. 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: …

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Oct. 10, 2022

ITEM9 C15-2022-0060 PP DS 11-14-22 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0060 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Darryl Pruett ____-___Agustina Rodriguez OUT ____-___Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line (C) (1) (a) from height limitations to increase the height limit from two (2) stories b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 2022 BY APPLICANT; Sept 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with condition that it’s tied to site plan Item 8/3 as shown in the advance packet; Board member Melissa Hawthorne second on 8-3 vote (Board members Barbara Mcarthur, Darryl Pruett, Richard Smith nay); Motion fails; DENIED. RECONSIDERATION REQUEST: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and …

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Oct. 10, 2022

ITEM11 C15-2022-0061 LATE LATE BACKUP AE DENIAL REPORT original pdf

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October 10, 2022 Nikelle Meade 111 Congress Ave, Ste 1400 Austin TX, 78701 Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Re: C15-2022-0061 Dear Nikelle, 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 25-2-492 at 1401 E 3rd St. Austin Energy cannot approve this variance request until plans have been reviewed and approved by AE’s Transmission Engineering Department. Please send georeferenced CAD drawings for this project to Cody.Shook@austinenergy.com, along with any site plans or surveys you have showing the overhead electric transmission lines located along Navasota St. Any development on this site must meet Austin Energy’s Clearance & 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com

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Oct. 10, 2022

ITEM5 C15-2022-0066 LATE LATE BACKUP OCT 10 original pdf

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Steering Committee Members: Adrienne Goldsberry, Chair Kate Ertle, Kevin Kimbrough, Claudette Kazzoun, Rob Kish, James Logan, Andi March, Maureen Metteauer, Oam Parkash, Shawn Shillington, Margaret Sullivan, Jim Todd, Brandon Wright October 10, 2022 RE: BOA Case No. C15-2022-0066 Dear Ms. Cohen and BOA Members: This letter is to express the Old West Austin’s Neighborhood Association’s (OWANA) support for the variances requested as a part of Case No. C15-2022-0066 for the October 10, 2022 Board of Adjustment meeting. The Clarks Village, LLP group has worked closely with neighboring residents of the subject properties and OWANA’s zoning committee during the initial design process for the proposed hotel, residential, and retail project. They have responded positively to neighborhood feedback, adjusting the project design and scope to minimize impacts to neighbors. They also incorporated feedback from the City of Austin’s Historic Landmark Commission into the design. They presented this project, including the proposed variances, at the June 7 OWANA General Membership meeting, and the membership voted to support the proposed uses and design. The attached restrictive covenant codifies the neighborhood’s requests to ensure this project is compatible with and respectful to the residential properties adjacent to it. As such, the Clarks Village group has OWANA’s support for the proposed variances. Thank you, and please contact me if you have any questions. Sincerely, Adrienne Goldsberry Chair, OWANA Steering Committee Not for recordation

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Oct. 10, 2022

Approved Minutes original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, October 10, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 10, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:39 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Thomas Ates, Agustina Rodriguez, Richard Smith, Nicholl Wade PUBLIC COMMUNICATION: GENERAL None PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on September 12, 2022. On-Line Link: Draft minutes September 12, 2022 Board Member Brooke Bailey motions to approve the minutes for September 12, 2022, Board member Melissa Hawthorne seconds on a 8-0-1 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR SEPTEMBER 12, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement for Items 9 and 11 to November 14, 2022. Madam Chair Jessica Cohen motions to approve the postponement requests for Items 9 and 11 to November 14, 2022, Board member Michael Von Ohlen second on 9-0 vote, ITEMS 9 AND 11 POSTPONED TO NOVEMBER 14, 2022 Previous postponement Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is …

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Sept. 12, 2022

ITEM 1 BOA DRAFT MINUTES AUG 8, 2022 original pdf

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1. BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, AUGUST 8, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 8, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:33 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Ryan Nill, Agustina Rodriguez, Richard Smith Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Marcel Gutierrez-Garza (Alternate) PUBLIC COMMUNICATION: GENERAL None APPROVAL OF MINUTES Approve the minutes of the Board of Adjustment Regular meeting on July 11, 2022 and Board of Adjustment Special called meeting on July 13, 2022. On-Line Link: Draft minutes July 11, 2022 The minutes from the meeting of (7/11/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (8-0-1) vote. (Board member Richard Smith abstained) On-Line Link: Draft minutes July 13, 2022 The minutes from the Special called meeting of (7/13/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (7-0-2) vote. (Board members Melissa Hawthorne and Barbara Mcarthur abstained) PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement by applicant for Item 8 to September 12, 2022. Chair Jessica Cohen motions to approve the postponement requests (by applicant) for Item 8 to September 12, 2022, Board member Brooke Bailey second on 9-0 vote, ITEM 8 POSTPONED TO SEPTEMBER 12, 2022 Previous Postponements Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not …

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Sept. 12, 2022

ITEM 10 BOA MONTHLY REPORT original pdf

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BOA Monthly Report July 2022-June 2023 August 8, 2022 4 2 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback 2. 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height Postponed 1. 25-10-123 (Expressway Corridor Sign District Regulations): a)(B) (2) (b) (i) to exceed sign area and b)(B) (3) (a) to exceed sign height 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 4. 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback and b) (C) (1) (a) from height limitations to increase the height limit Denied Withdrawn 0 Discussion Items Aug 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Thomas Ates, Michael Von Ohlen, Nicholl Wade (Added AUG8# 2022) 8 10 0 1 7 3 0 July 13, 2022 Special called meeting (Interpretation) 1 Denied Appeal 1. 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use- Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). The deposition of the case items: (Added july13# 2022) 6 Granted 6 Postponed 1 Withdrawn 1 Denied Discussion Items 4 Board members absent: Melissa Hawthorne/Barbara Mcarthur/Darryl Pruett July11, 2022 6 6 (B) (3) (a) to exceed sign height Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback and 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two-Family Residential use location 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback and decrease the minimum front yard setback 4. 25-2-492 (Site Development Regulations) from a) lot size requirements to decrease the minimum lot size and b) setback requirements to decrease the minimum front yard setback and c) building coverage and d) impervious coverage 5. 25-2-492 (Site Development Regulations) from setback …

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Sept. 12, 2022

ITEM 11 BOA BAAP UPDATE1 original pdf

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M E M O R A N D U M TO: Mayor and Council DATE: January 14, 2022 FROM: Denise Lucas, Director, Development Services Department SUBJECT: Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager

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Sept. 12, 2022

ITEM 11 BOA BAAP UPDATE2 original pdf

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TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council July 27, 2022 Denise Lucas, Director, Development Services Department Board of Adjustment Applicant Assistance Program - Staff Response to Resolution No. 20211014-045 On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. Staff have explored the creation of BAAP as well as a funding source. The staff focus for Board of Adjustment variance requests was narrowed to Residential Homestead Variances under a Zoning Variance or a Special Exception Variance. These are the two types of variance requests which cover the Council’s intended area of support. Based on previous variance request applications, staff anticipates 9 variance requests could be 100% financially supported each year at an approximate cost of $10,000 per year. The funding source for BAAP Fund for the financial support would come from the General Fund and would be budgeted each year. In addition, staff has identified an existing contract, managed by Austin Public Health, which will allow applicants access to pro-bono legal services. Collectively, the BAAP Fund will support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. Staff recommends creation of the BAAP Fund, which includes a recommended start date of October 1, 2022. Staff will await further direction from the City Council. If the Council adopts an action to create the BAAP Fund, staff will create the BAAP Fund program guidelines and will track program participants and outcomes for one year and report that information back to Council. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. xc: Spencer Cronk, City Manager Anne Morgan, Acting City Manager J. Rodney Gonzales, Assistant City Manager

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Sept. 12, 2022

ITEM 12 BOA APPEALS original pdf

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§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. ARTICLE 3. - PROCEDURES FOR APPEALS Division 1. - Reserved.[2] Footnotes: --- (2) --- §§ 2-5-41—2-5-45. - RESERVED. Division 2. - Appeals. § 2-5-61 - GENERAL PROVISIONS FOR APPEALS. Editor's note— Ord. No. 20170518-014 >, Pt. 4, effective May 29, 2017, repealed §§ 2-5-41—2-5-45, …

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Sept. 12, 2022

ITEM 3 C16-2022-0005 ADV PACKET original pdf

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VARIANCE REQUEST: increase sign height of 30 feet above frontage street pavement grade to 40 feet SIGN REVIEW COVERSHEET CASE: C16-2022-0005 BOA DATE: September 12th, 2022 ADDRESS: 7712 Elroy Rd OWNER: Leo Garcia COUNCIL DISTRICT: 2 AGENT: Jaden Rodriguez ZONING: PUD LEGAL DESCRIPTION: ABS 797 SUR 5 WESTBROOK T B ACR 9.8026 SUMMARY: erect freestanding sign ISSUES: increased traffic and new intersection ZONING LAND USES Site North South East West PUD PUD PUD 2 mi. ETJ 2 mi. ETJ Planned Unit Development Planned Unit Development Planned Unit Development 2 mi. ETJ 2 mi. ETJ NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Del Valle Community Coalition Elroy Neighborhood Association Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Onion Creek HOA Sierra Club, Austin Regional Group ITEM 3/1 August 31, 2022 Jaden Rodriguez 5213 Tucker Hill Ln Cedar Creek, TX 78602 Re: C16-2022-0005 Property Description: ABS 797 SUR 5 WESTBROOK T B ACR 9.8026 Dear Jaden, 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 25-10-130 at 7712 Elroy Road. Austin Energy does not oppose the request, provided that the proposed sign follows Austin Energy’s Clearance & Safety Criteria (15’ radial clearance from any existing overhead or underground electric facilities), 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM 3/2 C16-2022-0005 12990581 0339410308 PUD Council District: 2 ITEM 3/3 ITEM 3/4 ITEM 3/5 ITEM 3/6 Property Profile COTA Entry Sign Legend Property Addresses Streets Street Labels Lot Lines Lot Block Lot Line Jurisdictions (No Fill) FULL PURPOSE EXTRATERRITORIAL JURISDICTION Recorded Subdivision Jurisdictions Fill Jurisdiction FULL PURPOSE EXTRATERRITORIAL JURISDICTION Notes 0 150 300 ft 8/4/2022 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole …

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Sept. 12, 2022

ITEM 4 C15-2022-0065 ADV PACKET original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0065 BOA DATE: September 12th, 2022 ADDRESS: 1700 Loreto Dr OWNER: Daniel Strinden COUNCIL DISTRICT: 1 AGENT: N/A ZONING: SF-3-NP (MLK) LEGAL DESCRIPTION: LOT 14 BLK A OLT 24 DIV B MCKINLEY HEIGHTS TERRACE VARIANCE REQUEST: decrease the minimum rear yard setback from 25 feet to 15 feet. SUMMARY: erect a detached Two-Family residential unit ISSUES: property is bordered on three sides by streets ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition East Austin Conservancy East MLK Combined Neighborhood Plan Contact Team Friends of Austin Neighborhoods Homeless Neighborhood Association Martin Luther King Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM 4/1 August 31, 2022 Daniel Strinden 1700 Loreto Dr Austin TX, 78721 Re: C15-2022-0065 Property Description: LOT 14 BLK A OLT 24 DIV B MCKINLEY HEIGHTS TERRACE Dear Daniel, 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 25-2-515 at 1700 Loreto Drive. 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. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. FYI: The second dwelling unit proposed on this lot will be required to meet 15’ radial clearance from the overhead electric distribution lines adjacent to Tillery Street. 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM 4/2 CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, C15-2022-0065 12986323 0210151206 Section 1: Applicant Statement 1700 Loreto Drive MCKINLEY HEIGHTS TERRACE 14 24 SF-3-NP Daniel Strinden July 27 2022 detached 2nd …

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ITEM 5 C15-2022-0002 ADV PACKET original pdf

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BOA GENERAL REVIEW COVERSHEET REVISED CASE: C15-2022-0002 BOA DATE: September 12th, 2022 ADDRESS: 5413 Guadalupe St OWNER: 5413 Guadalupe LLC COUNCIL DISTRICT: 4 AGENT: Marek Hnizda ZONING: MF-4-CO-NP (North Loop) LEGAL DESCRIPTION: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 VARIANCE REQUEST: Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) b) c) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 30 feet (requested) for a building located 50-ft or less from property in an SF-5 or more restrictive zoning district (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 40 feet (requested) and Section 25-2-1064 (Front Setback): (1) (a) to decrease the front setback from 25 feet (minimum required) to 15 feet SUMMARY: erect three story condominiums and associated improvements ISSUES: existing adjacent buildings have similar setbacks ZONING MF-4-CO-NP Site North CS-CO-NP SF-3-NP South East MF-3-NP; SF-3-NP West MF-3-NP; SF-3-NP LAND USES Multi-Family General Commercial Services Single-Family Mutli-Family; Single-Family Mutli-Family; Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Loop Neighborhood Association North Loop Neighborhood Plan Contact Team Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM 5/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Rao Vasamsetti OWNER: 5413 Guadalupe LLC ADDRESS: 5413 GUADALUPE STREET VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet (required) to 4 feet (requested), in order to erect a three story condominium in a “MF-4-CO-NP”, Multi-Family-Conditional Overlay-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 APPLICANT NO SHOW - The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July …

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Sept. 12, 2022

ITEM 6 C15-2022-0043 ADV PACKET PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item-6 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0043 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT; Aug 8, 2022 Due to lack of board members applicant requests to postpone, Chair Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO September 12, 2022. FINDING: ITEM 6/1 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 forITEM 6/2 updated Hardship - 8/20/2022 ITEM 6/3 updated Hardship - 8/20/2022 The lot is 14,027 with a 1954 home. The lot size is large enough to allow a subdivision, but for this site, the placement of the existing 1954 home would be 10 inches into the new required setback. If the home had been built just 10 inches closer to …

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ITEM 6 C15-2022-0043 ADV PACKET PART2 original pdf

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From: To: Subject: Date: Abbey Ames Ramirez, Elaine Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Thursday, May 05, 2022 1:46:14 PM *** External Email - Exercise Caution *** Hi Elaine, I am emailing about the following permit/case: Permit/Case: 2022-000032 BA Reference File Name: C15-2022-0043 Address: 509 E 38th Street I would like to request a delayed hearing. I have tried to contact the applicant with questions I have regarding her exemption request. I have not heard back, so I do not believe I could give a well-informed opinion at the upcoming meeting about agreement/objection. Can you let me know you received this? If there is anything else I need to do, please let me know. Best, Abbey Ames 508 Texas Ave. Austin, tx 78705 713-444-0272 Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. ITEM 6/41 From: To: Cc: Subject: Date: Attachments: Sista Irie Ramirez, Elaine Request for Postponement Thursday, May 05, 2022 3:39:52 PM city.pdf *** External Email - Exercise Caution *** Hello Elaine, Please find attached my copy of a request to postpone the hearing on May 9 regarding an Easement request for Lisa Gray at Red Door LLC. The property in question is at 509 E 38th Street and can be found by Case Number C15-2022-0043. The request for postponement is being made because the neighbors closest to this property do not feel we have enough information to allow the request to be approved without us further understanding what it is they are proposing to build. There are young children who live right behind this house and long time home owners who greatly value the less density of our neighborhood, keeping the noise to a minimum and to not encourage additional traffic. People already cut through this very intersection to avoid the Duval light. Anything that will encourage more unnecessary residential traffic is a reduction in quality of life while our property taxes increase at a wildly out of control rate. Please accept this form as my request for a postponement in an effort to allow the impacted neighbors to meet with the applicant in an effort to understand the reason for the request. Warm regards, …

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Sept. 12, 2022

ITEM 7 C15-2022-0046 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item-4 DATE: Monday August 08, 2022 CASE NUMBER: C15-2022-0046 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___A____Richard Smith ABSTAINED ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Ricca Keepers OWNER: Leslie Socha ADDRESS: 1101 QUAKER RIDGE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback from 15 feet (required) to 10 feet (requested), in order to erect an addition above the garage in a “SF-2”, Single-Family zoning district. BOARD’S DECISION: BOA meeting Aug 8, 2022 Due to lack of board members applicant requests to postpone, Chair Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne second on 8-0-1 vote (Board member Richard Smith abstained); POSTPONED TO September 12, 2022. FINDING: because: 1. The Zoning regulations applicable to the property do not allow for a reasonable use 2. (a) The hardship for which the variance is requested is unique to the property in that: ITEM 7/1 (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 ___________________________ Madam Jessica Cohen Madam Chair forITEM 7/2 565 SF 785 SF +/- 21' - 2" 12' - 0" " 2 / 1 0 - ' 4 2 " 4 - ' 7 1 - / + LEA ROGERS ARCHITECTURE 08/26/22 SCALE: 1/8" 1'-0" 1101 Quaker Ridge Second Floor Addition Area Calculation ITEM 7/3 CURB PROPERTY LINE 15' SETBACK LINE PROPERTY LINE LEA ROGERS ARCHITECTURE 08/26/22 SCALE: 1/8" 1'-0" 1101 Quaker Ridge Proposed Quaker Ridge Elevation ITEM 7/4 LEA ROGERS ARCHITECTURE 08/26/22 SCALE: 1/8" 1'-0" 1101 Quaker Ridge Proposed Whitemarsh Valley Elevation ITEM 7/5 BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0046 BOA DATE: August 8th, 2022 ADDRESS: 1101 Quaker Ridge Dr OWNER: Leslie Socha COUNCIL DISTRICT: 8 AGENT: Ricca Keepers ZONING: SF-2 LEGAL DESCRIPTION: LOT 19 BLK N HILLS OF LOST CREEK SEC 4 PHS A THE VARIANCE REQUEST: …

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Sept. 12, 2022

ITEM 8 C15-2022-0060 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet Item-8 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0060 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. (C) (1) (a) from height limitations to increase the height limit from two (2) stories Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and ITEM 8/1 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 2022 BY APPLICANT 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 …

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ITEM 9 C15-2022-0061 ADV PACKET PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0061 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. 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: ITEM 9/1 (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 forITEM 9/2 August 26, 2022 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re. Request for Second Postponement: Case No. C15-2022-0061; Request for Side Yard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702 On behalf of the owner of the above referenced Property, we respectfully request an additional postponement of the case to October 10th to allow additional time to continue our discussions with the neighboring property owner and the East Cesar Chavez Neighborhood Plan Contact Team. We have begun discussions with them regarding a workable resolution of this matter and need some additional time to complete those discussions and …

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ITEM 9 C15-2022-0061 ADV PACKET PART2 original pdf

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Backup

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