Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
TO: FROM: Jessica Cohen, Chair Board of Adjustment Members Brent D. Lloyd Development Officer Development Services Department DATE: August 7, 2024 SUBJECT: Case No. C15-2024-0025 | 6708 Bridge Hill Cove The matter before the Board is an appeal of an administrative decision by the Development Services Department (“DSD”) to approve a building permit for residential development 6708 Bridge Hill Cove. The issues in the appeal concern the amount of impervious cover (“IC”) approved for the project in relation to applicable zoning regulations. To assist the Board in understanding the issues, this report is laid out as follows: (1) General background, including DSD’s decision approving the permit under appeal and the development history of the subject property, at pp. 1-2; (2) Procedural requirements for the appeal, at pp. 2-3; and (3) DSD’s recommended action on the appeal, at p. 3. 1. Background — Decision on Appeal On March 24, 2024, DSD approved a building permit (BP No. 2023-129658) for construction of a two-story addition and related improvements to the existing residential structure at 6708 Bridge Hill Cove. After the permit was approved, the Appellant (Mr. Warren Konkel) identified errors in the review process related to the calculation of impervious cover. In particular, Mr. Konkel correctly pointed out that some of the impervious cover shown as “existing” on the approved building plans was associated with development that had never received permits from the City. After reviewing Mr. Konkel’s concerns, DSD determined that the proposed plans submitted on behalf of the landowner, Ms. Christy May, incorrectly denoted unpermitted development as “existing” and that review staff had failed to catch the error. Consistent with LDC Sec. 25-11-66 (Errors in Permit Support Documents), DSD placed an administrative hold on the permit halting further inspections pending resolution of the impervious cover issues. ITEM02/1-PRESENTATION While the hold remained in place, DSD reviewed the site’s development history using available plans, aerial photography, and an IC analysis provided by the applicant (see Attachment A) to determine the amount of impervious cover associated with the original construction permitted in 1987 and 1989. Based on that review, DSD determined that approximately 12,811 square feet of impervious cover was associated with the original development and that an additional 1,000 square feet is permissible based on an established policy allowing limited modifications to projects initiated before currently applicable regulations took effect.1 (See Attachment B.) On June 21, 2024, DSD lifted the administrative hold …
REGULAR MEETING of the BOARD OF ADJUSTMENT October 14, 2024 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required email for elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to ___ Bianca A Medina-Leal ___ Brian Poteet ___ Margaret Shahrestani ___ Janel Venzant ___ Michael Von Ohlen ___ Suzanne Valentine (Alternate) CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair)) ___Thomas Ates ___Jeffery Bowen ___Marcel Gutierrez-Garza ___Yung-ju Kim The Board of Adjustment may go into closed session to receive advice from legal counsel regarding any item on this agenda (Private consultation with legal counsel – Section 551.071 of the Texas Government Code). AGENDA CALL TO ORDER 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. Approve the minutes of the Board of Adjustment Regular meeting on September 9, 2024. On-Line Link: Draft Minutes for September 9, 2024 APPROVAL OF MINUTES 1. PUBLIC HEARINGS Discussion and action on the following cases. Reconsideration Appeal case: 2. C15-2024-0025 Appellant’s Agent: Nicholl Wade - Appellant: Warren Konkel Owner: Christy May 6708 Bridge Hill Cove Building Permit 2023-129658 BP On-Line Link: ITEM02 ADV PACKET APPEAL1 PART1, PART2, PART3 and APPEAL2 PART 1, PART2, PART3, PART4 PRESENTATION by appellant; PRESENTATION by owner; PRESENTATION by staff Summary of Appeal: Appellant challenges issuance of: and on the grounds that the City of Austin incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. Building Permit 2023-129659BP Previous Postponed cases: 3. C15-2024-0028 Peterson 1406 S 3rd Street Haim Joseph Mahlof (Green Bay Remodeling, Inc.) for Wendy Jo On-Line Link: ITEM03 ADV PACKET; NO PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot …
BOA MEETING DATES FOR 2025 301 W 2ND STREET, AUSTIN TEXAS CITY COUNCIL CHAMBERS-ROOM 1001 2ND MONDAY OF THE MONTH January 13, 2025 February 10, 2025 March 10, 2025 April 14, 2025 May 12, 2025 June 9, 2025 July 14, 2025 August 11, 2025 September 8, 2025 October 13, 2025 November 10, 2025 December 8, 2025
ITEM04/1-LATE BACKUP OPPOSITION ITEM04/2-LATE BACKUP OPPOSITION ITEM04/3-LATE BACKUP OPPOSITION ITEM04/4-LATE BACKUP OPPOSITION ITEM04/5-LATE BACKUP OPPOSITION From: To: Subject: Date: Ramirez, Elaine Rawson application Monday, October 7, 2024 9:49:39 PM [You don't often get email from jdpaustin@me.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution I am a member of the Hillview Green Lane HOA. I object to the application and its change from the current school use, which actually is a non conforming use under their current zoning. We don’t want more commercial traffic in our neighborhood. The dense commercial zoning in such close proximity to Casis Elementary School would present more traffic problems and dangers to the young children and the drivers on an already congested 2 lane Exposition Boulevard as well as nearby residential streets. My regards, John D. Pieratt John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM04/6-LATE BACKUP OPPOSITION ITEM04/7-LATE BACKUP OPPOSITION ITEM04/8-LATE BACKUP OPPOSITION ITEM04/9-LATE BACKUP OPPOSITION ITEM04/10-LATE BACKUP OPPOSITION ITEM04/11-LATE BACKUP OPPOSITION ITEM04/12-LATE BACKUP OPPOSITION ITEM04/13-LATE BACKUP OPPOSITION ITEM04/14-LATE BACKUP OPPOSITION ITEM04/15-LATE BACKUP OPPOSITION ITEM04/16-LATE BACKUP OPPOSITION ITEM04/17-LATE BACKUP OPPOSITION ITEM04/18-LATE BACKUP OPPOSITION ITEM04/19-LATE BACKUP OPPOSITION ITEM04/20-LATE BACKUP OPPOSITION ITEM04/21-LATE BACKUP OPPOSITION ITEM04/22-LATE BACKUP OPPOSITION ITEM04/23-LATE BACKUP OPPOSITION ITEM04/24-LATE BACKUP OPPOSITION
ITEM04/1-LATE BACKUP-IN SUPPORT Organized 1973 OFFICERS Holly Reed President Cathy Kyle Past President Secretary George Edwards Treasurer BOARD MEMBERS Mary Arnold Joyce Basciano Joseph Bennett David Bolduc Sarah Cain Michael Cannatti Heidi Gibbons Craig Lill Blake Tollett WEST AUSTIN NEIGHBORHOOD GROUP October 7, 2024 Board of Adjustment, City of Austin Elaine Ramirez, Liaison RE: C15-2024-0031 Members of the Board: West Austin Neighborhood Group (WANG) conditionally supports the above referenced variance request filed by the Austin Area School for Dyslexics, Inc (Rawson Saunders) (R/S) with the following understandings and stipulations. In the spring of this year R/S and their contiguous neighbor Tarrytown Christian Church filed to rezone their entire tract of land from the SF-3-NP zoning district to the GO-MU-NP zoning district. WANG, recognizing overwhelming close by neighbor opposition to the rezoning request, asked R/S to explore the variance process in order to achieve their vision for the school. Over the decades, WANG has worked with several churches along Exposition Boulevard to allow for expansions of their campuses, all within the SF-3 zoning district: • C-15-2003-065 the Episcopal Church of the Good Shepherd, a variance was granted to allow maximum impervious coverage requirements to go from 45% to 70%, maximum building coverage requirements to go from 40% to 50%, and a decrease of setback requirements for a through street. • C15-2006-059 the Westminster Presbyterian Church, a variance was granted to allow maximum impervious coverage requirements to go from 45% to 64% (existing) in order for the church to either replace or renovate buildings on the campus. • Tarrytown United Methodist Church- In 2010-2011, the close by neighbors, WANG and TUMC all worked in harmony to allow the church to reasonably expand their campus through the purchase of a residential home fronting on Exposition Boulevard and placing that property under their Religious Use umbrella without changing either the property’s underlying zoning district of SF-3- NP or changing the expanded campus’s Future Land Use Map (FLUM) designation, Central West Austin Neighborhood Plan (CWANP). In addition, in 2009 WANG worked closely with the Girls School of Austin to achieve a harmonious Conditional Use Permit in order for them to expand their campus. As for the application for variance under discussion, WANG recognizes the relevant hardships cited and can support the majority of, as amended, requests as follows: • On the request to increase the site development regulation maximum height requirement of 35 feet to …
ITEM06/1-LTR FROM OWNER the existing duplex as a third unit on the site. We are not real estate developers, nor builders, nor home designers. We are a family trying to build an accessible home for our multigenerational blended family. My son Peter has multiple disabilities, uses a wheelchair at all times, and requires round the clock medical supervision. Maintaining the existing duplex as separate residences for caregivers for Peter and other family members provides an affordable option to these important members of Team Peter to live on site in an increasingly expensive city. Providing affordable housing options for caregivers is the best way that we have to continue to have the high quality care for Peter that he deserves, especially as he has aged out of the public school system. Keeping the family in Central Austin, close to transit and other services is also an important part of keeping him engaged and integrated in our community. We met with that committee three times from July to the following January in an attempt to determine HOW to build our addition and fell into a gaping hole in the Austin Land Development Code - that is, there was no way to have a third unit on a site that was zoned as SF. The committee and neighbors opposed upzoning to MF and wished for us to find a way to build using SF zoning but ultimately, after a LONG discussion at the January Planning Commission meeting in 2023, the property was rezoned to allow for the third unit. Members of the Planning commission, staff and even the ex-officio member of the Board of Adjustment considered other SF codes and variance, but in the end, the ONLY way to accomplish this and even though it makes building much more difficult, was to upzone the property to MF. Since that time, Austin’s land development code has caught up to fill in that gap with the passage of the HOME ordinances. Once the amendments were ratified, we researched their provisions and it seems once again that our project is a perfect fit. Even though it is a more restrictive code, it is much more in keeping with our project, and they are simpler for our family. Webber Studios has designed a beautiful renovation to the property that allows Peter to access the entire property and respects our neighbors wishes to not have a multifamily commercial …
From: Hi Donna, Subject: Date: Re: Feedback from some of your neighbors. (705 Brownlee - BoA hearing 10/14) Thursday, October 10, 2024 5:23:30 PM Thank you for reaching out while David is out of pocket. I’m going to go ahead and copy Elaine Ramirez, the Board of Adjustment’s staff liaison on this message so that she has it and can add it to the backup information about the request that the Board gets on Monday. Thank you, Elaine, for adding it to our packet. I’ll copy the neighborhood concerns here so they are easy to follow: 1) Guarantee there would only be three units. Yes, this is the addition made possible by HOME, our renovation/addition adds one more unit to the existing duplex for a total of 3 separate units. 1) Cap total height under 35 including mechanical space Yes, this is the limit for single-family use, our renovation/addition does not exceed 35 feet. 2) Dust Screen for neighbors -- 8 Ft - as they are lower in elevation to the south. I’m not sure if you mean a dust screen during construction which I would assume is normal, or a fence, but yes, we are happy to build an 8 ft fence on the shared property lines. 3) Two code legal parking spaces located in the front yard (where you show them on the site plan) with sufficient landscape screening in the front yard to screen the view of the parking spots from the street. Yes, we absolutely will include landscape screening at the street. I am a plant/tree lady and I am looking forward to getting to the landscaping part of this project. Bring on the native and drought tolerant trees and shrubs! Our intent in seeking these variances to the more restrictive single-family use for our renovation/addition has always been to minimize the impact to the neighborhood that a commercial process would require. We are happy that the HOME ordinances now make that possible if we are granted these two variances. I am sure that the Board of Adjustment will be receptive to the neighborhood’s support so that our family can move forward with permitting. As always, feel free to contact me with questions about the project. Best, Melissa Skidmore and Brad Hoskins ITEM06/1-LTR to OWANA fr owner On Oct 10, 2024, at 12:02 PM, donna osborn <dkonelm1@gmail.com> wrote: Good Morning Melissa, I sent this request to …
CITY OF AUSTIN Board of Adjustment Interpretation Appeal 1 and Appeal 2 Decision Sheet ITEM02 DATE: October 14, 2024 CASE NUMBER: C15-2024-0025 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPELLANT’S AGENT: Nicholl Wade APPELLANT: Warren Konkel OWNER: Christy May ADDRESS: 6708 BRIDGE HILL CV SUMMARY OF APPEAL: Appellant challenges issuance of Building Permit 2023-12958 BP on the grounds that the City incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. BOARD’S DECISION: Aug 12, 2024 - POSTPONED TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES; September 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to deny the appeal request and uphold staff’s decision; Board member Brian Poteet second on 8-1 votes (Board member Maggie Shahrestani nay); APPEAL REQUEST DENIED AND UPHELD STAFF’S DECISION. October 14, 2024 - Reconsideration request: Board member Michael Von Ohlen’s motion to deny reconsideration request; Vice Chair Melissa Hawthorne second on 10-0 votes; reconsideration request DENIED. Building Permit 2023-129658 BP RENOTIFICATION-SUMMARY OF APPEAL: Appellant challenges issuance of: and on the grounds that the City of Austin incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. Building Permit 2023-129659BP FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the objectives of the zone in question because: 3. The interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated in that: Elaine Ramirez Executive Liaison Jessica Cohen Chair Diana Ramirez for
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0028 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Haim Joseph Mahlof - Green Bay Remodeling Inc. OWNER: Wendy Jo Peterson ADDRESS: 1406 3rd ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single-Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: September 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to October 14, 2024; Vice Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO OCTOBER 14, 2024. OCTOBER 14, 2024 POSTPONED TO November 14, 2024, 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 the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0031 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Austin Area School for Dyslexics, Inc. ADDRESS: 2615 ½ HILLVIEW RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section: 25-2-492 (Site Development Regulations): Height Requirements to increase the height from 35 feet (maximum allowed) to 50 o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested) Setback Requirements to decrease the minimum front yard setback from 25 feet Setback Requirements to decrease the minimum rear yard setback from 10 feet Building Coverage to increase from 40 percent (maximum allowed) to 60% Impervious Coverage to increase from 45 percent (maximum allowed) to 60 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width of at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). BOARD’S DECISION: POSTPONED TO November 14, 2024, 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 the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0032 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Michele Rogerson Lynch OWNER: Sunoco – Vincent Record ADDRESS: 3201 SH 71 SVRD WB VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-814 (Service Station Use) (3) to increase the queue lanes from 8 (required) to 12 (requested) in order to erect a 7-Eleven Service Station in a “GR-CO” Community Commercial zoning district. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen’s motion to approve; Board member Michael Von Ohlen second on 10-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: modern service station designs utilize the racetrack/single pump layout for maximum vehicle/pedestrian safely and accessibility, both the Transportation Criteria Manual and Code Section 25-2-814 are outdated and should be updated to be more in line with safer on site maneuvering and to be in line with Austin’s Environmental goals to be carbon free by 2050. 2. (a) The hardship for which the variance is requested is unique to the property in that: the size and configuration of the property does not allow for adequate room to design the proposed service station with the City of Austin’s accepted double stack design while maintaining the adequate maneuvering and queuing space required for service stations by the Transportation Criteria Manual, specifically the throat length of the driveway on Eva Street as well as the required detention limit shifting the development in the northern portion of the site, the southern portion of the site is constrained by Austin Energy easement that cannot be encroached upon. (b) The hardship is not general to the area in which the property is located because: the race track/single fueling pump configuration is considered standard prototypical among most major fueling stations today and is the preferred product for vehicle accessibility and pedestrian safety. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0034 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Robert Allison OWNER: Brad Hoskins ADDRESS: 705 BROWNLEE CIR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section, 25-2- 773 (Duplex, Two-Unit, and Three-Unit Residential Uses): (B) (7) Impervious Coverage to increase from 45 percent (maximum allowed) to 65 o percent (requested) (E) (4) F.A.R to increase from 40% (required) to 50% (requested) o in order to remodel a residence in a “MF-3-NP”, Multi-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). 25-2-773 - DUPLEX, TWO-UNIT, AND THREE-UNIT RESIDENTIAL USES. (A) To the extent of conflict, this section supersedes the base zoning district regulations. (B) For a duplex, two-unit, and three-unit residential use: (1) minimum lot area is 5,750 square feet; (2) minimum front yard setback is 15 feet; (3) minimum rear yard setback is: (a) the base zoning district minimum rear yard setback; or (b) five feet when the lot is adjacent to: (i) an alley; or (ii) another lot with a use that is permitted in a multifamily base zoning district or less restrictive base zoning district; (4) minimum street-side yard setback for a lot located on a corner and: (a) 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 (b) on a Level 2, Level 3, or Level 4 street is 10 feet from the property line; (5) minimum number of street-facing entrances is one; (6) maximum building coverage is 40 percent; and (7) maximum impervious cover is 45 percent. (E) This subsection applies to the area established in Subsection 1.2.1 of Chapter 252, Subchapter F (Residential Design and Compatibility Standards). (1) In this subsection, (a) EXISTING DWELLING UNIT means a dwelling unit that is: (i) legally permitted and occupied before December 7, 2023; or (ii) described in an application for a residential permit that was submitted on or before December 7, 2023. (b) GROSS FLOOR AREA means the total enclosed area of all floors in …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, October 14, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 14, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:35 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Thomas Ates, Jeffery Bowen, Bianca A. Medina-Leal, Yung-ju Kim, Brian Poteet, Maggie Shahrestani, Janel Venzant 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 9, 2024. On-Line Link: Draft Minutes for September 9, 2024 The minutes from the meeting September 9, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Board member Michael Von Ohlen second on a 9-1-0 vote (Board member Jeffrey Bowen abstained). PUBLIC HEARINGS Discussion and action on the following cases. Postponement requests to November 14, 2024: Item 3 by applicant, Item 4 by applicant and Item 6 by neighborhood association (OWANA) Board member Michael Von Ohlen’s motion to approve postponement requests for Items 3, 4 and 6 to November 14, 2024; Vice Chair Melissa Hawthorne second on 10-0 votes; Item 6 Owner opposes to the postponement request by OWANA and requests open for discussion; substitute motion, Board member Michael Von Ohlen motion to approve postponement requests for Items 3 and 4 only to November 14, 2024, and Item 6 open for discussion; Vice-Chair Melissa Hawthorne second on 9-1 vote (Chair Jessica Cohen nay). Reconsideration Appeal case: 2. C15-2024-0025 Appellant’s Agent: Nicholl Wade - Appellant: Warren Konkel Owner: Christy May 6708 Bridge Hill Cove Building Permit 2023-129658 BP On-Line Link: ITEM02 ADV PACKET APPEAL1 PART1, PART2, PART3 and APPEAL2 PART 1, PART2, PART3, PART4 PRESENTATION by appellant; PRESENTATION by owner; PRESENTATION by staff Summary of Appeal: Appellant challenges issuance of: and on the grounds that the City of Austin incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. Reconsideration request: Board member Michael Von Ohlen’s motion to deny reconsideration request; Vice Chair Melissa Hawthorne second …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, August 12, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 12, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:36 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Jeffery Bowen, Bianca A. Medina-Leal, Maggie Shahrestani Board Member/Commissioners absent: Brian Poteet, Marcel Gutierrez-Garza, Yung-ju Kim, Janel Venzant, Michael Von Ohlen 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 July 8, 2024. On-Line Link: Draft Minutes for July 8, 2024 The minutes from the meeting July 8, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Chair Jessica Cohen second on a 6-0 vote. PUBLIC HEARINGS Discussion and action on the following cases. Madam Chair Jessica Cohen motion to postpone cases Item02 and Item03 to September 9, 2024, due to not having enough board members for voting purposes; Vice-chair Melissa Hawthorne second on 6-0 votes; POSTPONED CASES FOR ITEM02 AND ITEM03 TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES. New Variance case: 2. C15-2024-0024 Christi Lane 2104 Westover Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). 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 (2) a solid fence is a fence other than an ornamental …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday August 12, 2024 CASE NUMBER: C15-2024-0024 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) OWNER/APPLICANT: CHRISTI LANE ADDRESS: 2104 WESTOVER RD VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). 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 (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 ITEM02/1 (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 …
