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June 14, 2021

E-1 C16-2021-0008 ADV PACKET PART3 original pdf

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F-1 C15-2021-0036 ADV PACKET PART1 original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0036 BOA DATE: June 14th, 2021 ADDRESS: 6141 Jumano Ln OWNER: Chalice McGee COUNCIL DISTRICT: 8 AGENT: Ron Thrower ZONING: SF-2-NP (West Oak Hill) LEGAL DESCRIPTION: LOT 8 BLK C LEGEND OAKS SEC 7 VARIANCE REQUEST: maintain an 8 ft. fence recently constructed SUMMARY: code violation issued ISSUES: triangular shaped lot and topography ZONING LAND USES Site North South East West SF-2-NP SF-2-NP SF-2-NP SF-2-NP SF-2-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Bike Austin Circle C Neighborhood Assn. Covered Bridge Property Owners Association, Inc. East Oak Hill Neighborhood Association Friends of Austin Neighborhoods Legend Oaks II Home Owners Association Neighborhood Empowerment Foundation Oak Hill Association of Neighborhoods (OHAN) Oak Hill Neighborhood Plan – COA Liaison Oak Hill Neighborhood Plan Contact Team Oak Hill Trails Association SELTexas Save Barton Creek Assn. Save Our Springs Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Western Oaks Property Owners Association F-1/1 F-1/2 F-1/3 F-1/4 F-1/5 F-1/6 May 6, 2021 Board Members, Elaine Ramirez, Board Liaison City of Austin, Board of Adjustment RE: C15-2021-0036 – 6141 Jumano Lane Dear Mrs. Ramirez and Board Members, The application submitted here-in is made to request variances to § 25-2-899 - FENCES AS ACCESSORY USES. The purpose of the variances is to maintain an 8ft privacy fence constructed on the subject property this past fall of 2020 by the current property owner, after receiving approval from the subdivision Homeowner’s Association. The 8ft fence was constructed to provide privacy due to unnecessary communication between adjacent property owners. Austin Police Department has a record of various disturbances (see attachments) near the subject tract that warrant a need for maintaining and maximizing privacy at this general area. The variances requested are as follows: § 25-2-899 - FENCES AS ACCESSORY USES. six feet or a maximum height of 7 feet. Requested variance: a maximum height of 8 feet. (D) …a solid fence constructed along a property line may not exceed an average height of (E) 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 a written consent to the construction of the fence with the building official… Requested variance: if a owner F-1/7 (F) A …

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F-1 C15-2021-0036 ADV PACKET PART2 original pdf

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F-1/31 F-1/32 F-1/33 F-1/34 F-1/35 F-1/36 F-1/37 221 West Sixth Street Ste. 960 Austin, Texas 78701 Attorneys at Law Brian J. Tagtmeier The Kelly Legal Group, PLLC P. O. Box 2125 Austin, Texas 78768 Dear Mr. Tagtmeier: April 16, 2021 We represent Chalice McGee and write in response to your March 25, 2021 correspondence. It seems that you have not been fully informed by your clients about the underlying circumstances about which you wrote. First, our client did obtain prior written approval of the Architectural Committee before constructing the fence in question, so there is no violation of the restrictions to discuss. There are no tents, shacks or other temporary structures present. Your claims that the fence encroaches on your client’s property, or that the existing fence was damaged during the course of construction of the new fence, are also unfounded. We suggest you investigate those claims further before launching a groundless lawsuit. If you choose to litigate, it is your clients who will face exposure for paying our client’s fees. Mr. Tagtmeier, we don’t know each other but I have had positive experiences in the past with other attorneys at your firm. Our client has no interest in antagonizing yours, but they have a long history of harassing and threatening her and many others in the neighborhood. The most egregious example which has been documented is described in the attached police report. Part of her motivation for building this fence was to avoid any further such confrontations, and so far it has seemed to achieve that goal. She just wants to be left alone, and to avoid any further tension or escalation with her neighbors. Please see what you can do to de-escalate this situation. We look forward to hearing from you. Very truly yours, /s/ Daniel H. Byrne Daniel H. Byrne Value Driven...Client Oriented (512) 476-2020 Fax: (512) 477-5267 www.FBHG.law DHB/mpy Enclosure cc: Client F-1/38 F-1/39 F-1/40 F-1/41 F-1/42 F-1/43 F-1/44 F-1/45 F-1/46 F-1/47 LOH-Legend Oaks HOAc/o Goodwin & Company11149 Research Blvd Ste 100Austin TX 78759Voice faxDate: 10/18/2020 8:47:08 PMProject Ref: [49615552] 6141 Jumano LaneChalice McGee6141 Jumano LaneAustin TX 78749Dear Chalice McGee,I am pleased to inform you that the LOH-Legend Oaks HOA Arc Committee has approved yourapplication for the following project item(s): FenceThe approval is contingent upon compliance with the specifications set forth in the approvedapplication. If your change or addition requires a county, city or state permit, …

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F-1 C15-2021-0036 ADV PACKET PART3 original pdf

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F-1 C15-2021-0036 ADV PACKET PART4 original pdf

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F-2 C15-2021-0055 ADV PACKET original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0055 BOA DATE: June 14th, 2021 ADDRESS: 1206 W Oltorf St OWNER: Ruben Valdez COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-6-NP (Bouldin Creek) LEGAL DESCRIPTION: LOT 5 BLK A SOUTHWOOD SEC 1 VARIANCE REQUEST: decrease minimum front yard setback from 25 ft. to 0 ft. SUMMARY: maintain a carport and covered entry ISSUES: heritage tree, crime on the rise in the area ZONING LAND USES Site SF-6-NP North MF-3-NP South East West SF-3 SF-6-NP SF-6-NP Single-Family Multi-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bouldin Creek Neighborhood Association Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition F-2/1 F-2/2 F-2/3 F-2/4 F-2/5 F-2/6 F-2/7 F-2/8

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G-1 BOA MONTHLY REPORT original pdf

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BOA Monthly Report July 2020-June 2021 May 10, 2021 All cases postponed due to not enough votes/board members Granted 0 PP Cases 13 1) 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs a)(F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides b)(G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side c)(H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated 2) 25-2-492 (Site Development Regulations) from IC requirements 3) 25-2-774 (Two-Family Residential Use) (C) (2) (a) which requires an Accessory Dwelling Unit 4) 25-2-515 (Rear Yard of a Through Lot) from setback requirements 5) 25-2-492 (Site Development Regulations) from setback requirements 6) LDC Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R 7) Section 25-2-736 (D) (Lamar Subdistrict Regulations) to increase height limit 8) 25-2-492 (Site Development Regulations) in order to increase the IC and b) 25-2-963 (Modification and Maintenance of Non-complying Structures) (B) (2) to increase the finished floor elevation 9) 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off-Street parking and Loading Requirements) to reduce the number of required parking spaces 10) 25-2-1463 (Secondary Apartment Regulations) (C) (5) (a) to increase Floor to Area ratio 11) 25-2-492 (Site Development Regulations) from setback requirements to: a) decrease the minimum Front Yard Setback and b) decrease the minimum Rear Yard Setback 12) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 13) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback Withdrawn 0 Denied 0 Discussion Items 6 May 2021. Interpretations 0 new inquiries The deposition of the case items: A. Granted B. Postponed 35 43 (Added may# 2021) G-1/1 1 C. Withdrawn D. Denied 8 E. Discussion Items 74 Granted 6 April 12, 2021 BOA meeting cancelled due to technical difficulties with notification database Mar 8, 2021 1) 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 3 signs: (H) to allow for all three (3) signs, one (1) blade, one (1) awning, and one (1) hanging sign to all be illuminated 2) 25-10-133 (University Neighborhood …

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G-2 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. G-2/1 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 §§ …

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G-3 BOA TRAINING & STAFF SUPPORT original pdf

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Board of Adjustment Training & Staff Support Workgroup 2020-07-02 (Leighton-Burwell, Hawthorne, Von Ohlen & Bailey) -- UPDATED Results /Action Items Proposed by the Workgroup (for discussion and possible action by the whole Board at upcoming BOA Meeting): 1. We want to start BOA trainings ASAP (thanks to our Liaison, this is already underway). 2. We want to have knowledgeable staff available at our hearings to answer questions regarding issues outside of BOA Liaison’s expertise (residential zoning), such was Lake Austin, Signage, Waterfront Overlay, etc. 3. We want to find out status of GIS mapping efforts showing history of BOA cases (location, type, etc.). 4. We want to build new bridges with City Staff and repair relationships from past situations. In addition, we want to be able to increase staff accountability without it appearing as a personal attack. 5. We want to know what the Department Supervisors need / want from BOA to better support each other and our joint processes. 6. We want to temper our deliberations to be focused on the facts of the cases before us and be less inflammatory or confrontational towards applicants and staff. 7. We want to hold ourselves accountable and our BOA colleagues in a civil and respectful manner. 8. We want to create processes for transitions in BOA leadership and for additions of new members to our Board. 9. We want to include training on the role the legislature plays in the BOA. Specifically how we are governed by both City and State mandates and what that means in how we operate. G-3/1

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C-1 C16-2021-0003 PRESENTATION original pdf

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Austin Moxy Hotel 2552 Guadalupe Street Austin, Texas Exterior Building Signage City Presentation Babendure Design Group 8140 Walnut Hill Ln. #950 Dallas, Texas 75231 214.265.1960 214.265.5552 (fax) www.babendure.com Signage & Wayfinding Design Specialists 1 C-1/1-PRESENTATION F E A B C D 5 4 1 3.2 3.1 1 OVERALL SITE PLAN Scale: 1/16"=1'-0" Sign Location Plan 2 7 Existing single story building on adjacent lot (Owned by another party) Existing single story building on adjacent lot (Owned by another party) Existing single story building on adjacent lot (Owned by another party) Babendure Design Group8140 Walnut Hill Ln. #950Dallas, Texas 75231214.265.1960214.265.5552 (fax)www.babendure.comAustin Moxy HotelAustin, TexasExterior Building SignageNovember 18, 2020C-1/2-PRESENTATION 1 RESTAURANT IDENTITY Projecting Sign Box with push-through Restaurant Logo Top of Sign = 12’-8” above grade 3.1 MENU DISPLAY Located to left of windows. Top of Sign = 6’-0”above grade. 3.2 MENU DISPLAY Located to left of windows. Top of Sign = 6’-0”above grade. 4 5 PICK UP WINDOW IDENTITY Box sign with white push-through graphics. Top of Sign = 8’-0” above grade. ORDER WINDOW IDENTITY Box sign with white push-through graphics. Top of Sign = 8’-0” above grade. BILLBOARD (Owned By Another Party) 1 A B 3.1 4 3.2 5 EAST ELEVATION SCALE: 1/16” = 1’-0” 18'-3 1/2" (High Logo) 16'-3" (Low Logo) " 2 / 1 8 - ' 2 A Dimensional Letters to be Moxy pink. Top of Sign - 58’-8” above grade. " 6 - ' 1 " 2 / 1 4 - ' 2 B Dimensional Letters to be Moxy pink. Top of Sign - 14’-8” above grade. D C Dimensional Letters mounted on the canopy ledge. Color to be Moxy pink. Top of Sign - 14’-2” above grade. Projecting Sign Box with push-through graphics. Logo to be Moxy pink day. Top of Sign - 22’-8” above grade. East Elevation High and Low Level Signs 3 Babendure Design Group8140 Walnut Hill Ln. #950Dallas, Texas 75231214.265.1960214.265.5552 (fax)www.babendure.comAustin Moxy HotelAustin, TexasExterior Building SignageNovember 18, 2020C-1/3-PRESENTATION 18'-3 1/2" 16'-3 1/2" " 8 / 1 8 - ' 2 " 2 / 1 7 - ' 3 A " 8 / 5 9 " 2 / 1 2 " 1 1 - ' 1 " 4 - ' 2 LOCATION A HIGH LEVEL WALL IDENTITY FRONT ELEVATION • AREA CALCULATION: 60 SQFT Top of Sign = 58’-8” above grade. SCALE: 1/4” = 1’-0” 2 1/2" 6'-0" 5'-7" 1 3/4"Stroke Width 1" …

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D-1 C15-2020-0083 PRESENTATION original pdf

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Daniel Salazar 2810 Gonzales St Austin, TX 78702 Case# C15‐2020‐0083 D-1/1-PRESENTATION Variance Request I am requesting a variance from the land development code. This request is for a two family residential lot. The location of the structure is located in the back of the main home. The location of the home is 4.6ft from back of property line. The reason the form was set at its current location was for the safety of my family. I feared for their lives and nothing else. After the form was approved by the City Of Austin. I began to continue with my build. The mistake was not identified City of Austin, until the project was erected. D-1/2-PRESENTATION Framing of foundation D-1/3-PRESENTATION The Hardship • This Pecan Tree is, approximately, 35” DBH. It is an over‐mature, over‐extended tree with a spread about as wide as it is tall. The height is about 35’‐ 40’ tall.” • The City of Austin simply missed the framing and location of the foundation. D-1/4-PRESENTATION D-1/5-PRESENTATION This Pecan Tree is, approximately, 35” DBH. It is an over‐mature, over‐extended tree with a spread about as wide as it is tall. The height is about 35’‐ 40’ tall.” TREE D-1/6-PRESENTATION Location of new build D-1/7-PRESENTATION D-1/8-PRESENTATION D-1/9-PRESENTATION D-1/10-PRESENTATION D-1/11-PRESENTATION D-1/12-PRESENTATION D-1/13-PRESENTATION D-1/14-PRESENTATION D-1/15-PRESENTATION

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D-11 C15-2021-0051 PRESENTATION original pdf

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1510 E 2nd St - 1 & 2 1513 E 2nd St - A & B D-11/1-PRESENTATION 1513 E 2nd St – Units A & B (Next door to 106/108 Comal) New construction 1,143sf primary house w/ attached 1,156sf Secondary Apartment. Front yard setback averaging used for 12ft setback facing E 2nd St. There is a 15ft setback from Comal St and 5ft setback from the side yard neighbor. D-11/2-PRESENTATION D-11/3-PRESENTATION 1510 E 2nd St – Unit 1 New construction 1,790sf main house set back 15ft from Comal and 5ft from the side yard neighbor. 1510 E 2nd St – Unit 2 New construction 1,080sf Accessory Dwelling Unit with front door facing Comal St. The front of the unit is set back 15ft from Comal and the back of the unit is set back 5ft from the side yard neighbor. D-11/4-PRESENTATION D-11/5-PRESENTATION 99 COMAL ST Existing non-compliant 600sf home facing Comal with front yard setback of 10 ft or less. 85 COMAL ST Existing non-compliant 807sf home facing Comal permitted for addition of 695sf. Front yard setback is 10ft or less. D-11/6-PRESENTATION D-11/7-PRESENTATION

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D-12 C15-2021-0028 PRESENTATION original pdf

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LOT SIZE Name LOT MAXIMUM FAR Area 9,877 SF 3,950 SF TREE SCHEDULE # TREE TYPE PROTECTED TREE DIAMETER 7884 7885 7886 7887 7888 7889 7890 7891 7892 7893 A YES SPANISH OAK NO TALLOW YES PECAN YES PECAN TEXAS ASH NO MULBERRY NO NO PECAN YES PECAN NO PECAN YES PECAN YES PECAN 1' - 9" 1' - 2" 2' - 6" 1' - 10" 1' - 2" 0' - 9" 1' - 5" 1' - 7" 1' - 2" 2' - 7" 1' - 10" KEYNOTE LEGEND 508 509 530 531 533 1/4 CRITICAL ROOT ZONE - NO CUT OR FILL WITHIN THIS AREA 1/2 CRITICAL ROOT ZONE - NO CUT OR FILL GREATER THAN 4" WITHIN THIS AREA EXISTING BUILDING OVERLAPS 1/4" CRZ - NO DEMO IN THIS AREA EXISTING BUILDING OVERLAPS 1/2" CRZ - NO DEMO IN THIS AREA NEW PRIMARY STRUCTURE TO BE LOCATED A MINIMUM OF 10'-0" TO THE REAR OF EXISTING ADU 25' - 0" PROPERTY LINE PROPERTY LINE 7888 - TEXAS ASH 14"Ø NO SETBACK LINE SETBACK LINE EXISTING DRIVE 7889 - MULBERRY 9"Ø NO " 0 - ' 5 7890 - PECAN 17"Ø NO 7891 - PECAN 19"Ø YES 7885 - TALLOW 14"Ø NO 7886 - PECAN 30"Ø YES 220SF DEMO OF SINGLE STORY 10' - 0" 7892 - PECAN 14"Ø NO 509 508 E E N N I I L L G G N N D D L L I I U U B B I I K K C C A A B B T T E E S S T T N N O O R R F F 7887 - PECAN 22"Ø YES 509 508 531 EXISTING FRONT PORCH 1100SF EXISTING SINGLE STORY PROPOSED TO BE CLASSIFIED AS ADU NEW PRIMARY DWELLING IS PROPOSED TO BE CONSTRUCTED IN THIS AREA AT THE REAR OF THE LOT • PRIMARY DWELLING TO BE CONSRUCTED A MINIMUM OF 10'-0" BEHIND EXISTING STRUCTURE. FOOTPRINT TO AVOID 1/2 AND 1/4 CRZ FOOTPRINT TO REMAIN INSIDE SETBACK LINES FAR FOR PRIMARY STRUCTURE NOT TO EXCEED 2850SF FOR A SITE FAR NOT TO EXCEED 40% OR 3950SF BUILDING ENVELOPE TO REMAIN INSIDE MCMANSION TENT • • • • 533 509 530 508 7893 - PECAN 31"Ø YES " " 0 0 - - ' ' 5 5 SETBACK LINE SETBACK LINE PROPERTY LINE PROPERTY LINE " " 0 0 - - ' ' 5 …

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D-4 C15-2021-0032 PRESENTATION original pdf

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NEIGHBORHOOD MAP D-4/1-PRESENTATION SURROUNDING STRUCTURES D-4/2-PRESENTATION 1712 DRAKE AVE. / 1711 BRACKENRIDGE ST. 1710 DRAKE AVE. / 1709 BRACKENRIDGE ST. 1707 BRACKENRIDGE ST. 1705 BRACKENRIDGE ST. SURROUNDING STRUCTURES D-4/3-PRESENTATION 1613 BRACKENRIDGE ST. 1611 BRACKENRIDGE ST. 1607 BRACKENRIDGE ST. 1605 BRACKENRIDGE ST. SURROUNDING STRUCTURES D-4/4-PRESENTATION EAST MONROE STREET (RIGHT-OF-WAY VARIES) CONCRETE WALK 548' 549' 25" LYGUSTRUM 550' 1/2 CRZ . E . O U.P. O . E . ) ' 0 0 . 6 4 ( ' W " 0 0 5 0 ° 2 1 S CURB WATER METER STOP SIGN 551' LOT 6304sf CURRENT DEVELOPABLE AREA 243 SF K C A B T E S ' 5 2 1/2 CRZ EXISTING PRIMARY DWELLING ADDITION 15' SETBACK 552' U.P. 5' SETBACK 24" PECAN 553' 12'-6" 10'-0" 25'-8 1/2" 10'-2" 38'-5" 22'-6" 15'-3 1/2" 25'-0" 15'-0" BENCHMARK ELEV = 547.74' STOP SIGN B R U C T E L N I ) ' 0 6 ( T E E R T S E G D R N E K C A R B I E T E R C N O C K L A W ) ' 0 0 . 6 4 ( E " 9 1 4 0 ° 2 1 N ' S77°59'26"E (137.06') WALKWAY (77sf) O.E. FRONT PORCH 322sf ' 8 . 3 5 5 = . . E F F . GAS METER AC 9sf K C A B T E S ' 5 2 N77°59'26"W (137.05') SITE PLAN - EXISTING SCALE: 1" = 20'-0" " 0 - ' 5 1 " 0 1 - ' 5 1 " 2 - ' 0 1 ) ' 0 6 ( E U N E V A E K A R D B R U C O . E . N D-4/5-PRESENTATION BENCHMARK ELEV = 547.74' STOP SIGN B R U C T E L N I ) ' 0 6 ( T E E R T S E G D R N E K C A R B I E T E R C N O C K L A W ) ' 0 0 . 6 4 ( E " 9 1 4 0 ° 2 1 N ' EAST MONROE STREET (RIGHT-OF-WAY VARIES) CONCRETE WALK 548' CURB WATER METER STOP SIGN 549' 25" LYGUSTRUM 550' 1/2 CRZ S77°59'26"E (137.06') WALKWAY (77sf) O.E. FRONT PORCH 322sf ' 8 . 3 5 5 = . . E …

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D-5 C15-2021-0033 PRESENTATION original pdf

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FLOOD PLAIN EAST BOULDIN CREEK FLOOD PLAIN 10' - 0" DRAINAGE EASEMENT N L R E D D U R G C M T R O F ) I S E R A V W O R ( 25' - 0" COMPATIBILITY SETBACK K C A B T E S T N O R F " 0 - ' 5 2 FLOODPLAIN C4 HOUSE 1 G PS 15' - 0" STREET SIDE SETBACK FLOODPLAIN C3 HOUSE 3 T N E M E S A E E G A N A R D " 0 - ' 0 1 I C3 HOUSE 2 G S P REYNA ST (ROW VARIES) PS G PS C4 HOUSE 11 15' - 0" STREET SIDE SETBACK G G D3 PS DUPLEX 3 D1 G G DUPLEX 1 DETENTION POND HOUSE 4 B1 G A1 HOUSE 5 G PS PS PS PS G PS PS G PS DETENTION POND C1 HOUSE 6 HOUSE 7 C2 P S G K R E B S L N ( R O W V A R I E S ) 2 5 ' - 0 " F R O N T S E T B A C K PS PS G B1 HOUSE 10 25' - 0" COMPATIBILITY SETBACK PLAN N SITE PLAN - VARIANCE 1 1" = 20'-0" CURRENT ZONING (AUSTIN,TX) Zoning District: SF-6 Permitted Uses: CONDOMINIUMS FAR N/A Max Height 35' Setback: Front Yard: 25' Interior Side Yard: 5' Street Side Yard: 15' Rear Yard: 10' MaX Lot Coverage: 40% Max Impervious Coverage: 55% SITE: Site Area: 63,145 SF (1.45 AC) Building Coverage: 20.5% (Max 40%) Impervious Coverage: 43.9% (Max 55%) F.A.R.: .4:1 (Unlimited) Detention Pond: 2,352 SF Total SF: 23,835 SF Total GSF: 27,669 GSF HOUSES: # of UNITS: 17 Units (Max 18 Units) Units per Acre: 11.7 u/ac © 2021 DAVEY MCEATHRON ARCHITECTURE DEAD END ) I S E R A V W O R ( I N L N S S E L P S G B 1 H O U S E 8 PS G HOUSE 9 C1 D R A Y T N O R F ' 5 2 T N E R R U C K C A B T E S K C A B T E S D R A Y T N O R F ' 2 1 D E S O P O R P PS G G …

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D-6 C15-2021-0034 PRESENTATION original pdf

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5409 AVENUE H Additional information pertaining to variance request 2021-000019 BA Property history 1951: 1996: 2002: 2004: 2010: 2021: Original home permitted and built. Home remodeled and air-conditioned (permit 1996-002466 BP). Home purchased by previous owners. Waiver from interim (pre-Subchapter F) development regulations pertaining to secondary apartment special use granted by City Council to previous owners (ordinance 041104-52). January 2006: Secondary apartment constructed and granted certificate of occupancy (permit 2005-004989 BP). October 2006: Subchapter F (Residential Design and Compatibility Standards) takes effect. Current owners purchase home. Current owners request variance to expand existing primary residence by 290 SF, a variance which (if granted) would result in an overall property gross floor area exceeding Subchapter F regulations by 207 SF. Current and proposed gross floor area calculations Lot area Maximum gross floor area 6250 SF 2500 SF (40% of lot area) 1147 SF Existing primary residence Existing detached parking 860 SF (parking exemption per Subchapter F)-450 SF 860 SF Existing secondary apartment 2417 SF (38.67% of lot area) Existing gross floor area Proposed addition 290 SF Resulting gross floor area as proposed 2707 SF (43.31% of lot area) Effects of proposed addition on subject property and adjacent properties Required parking will not be reduced (property currently contains two covered parking spaces and one uncovered parking space). Impervious coverage as proposed will not exceed maximum impervious cover allowable by zoning (existing IC is 37.95% of lot area; proposed IC would be 42.55% of lot area; maximum allowable IC is 45% of lot area.) No protected trees’ critical root zones will be affected by proposed construction. D-6/1-PRESENTATION

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D-7 C15-2021-0035 PRESENTATION original pdf

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300 Pressler St 301 Pressler St 1505 W. 3rd Street M U L T I - F A M I L Y D E V E L O P M E N T Case No. C15-2021-0035 D-7/1-PRESENTATION 2 D-7/2-PRESENTATION 3 D-7/3-PRESENTATION 4 D-7/4-PRESENTATION 5 D-7/5-PRESENTATION VARIANCE REQUEST Exceed Maximum Height allowed in this district of the Waterfront Overlay from 60 feet to 75 feet 6 D-7/6-PRESENTATION 7 D-7/7-PRESENTATION 8 D-7/8-PRESENTATION P R O J E C T P L A N *Work with and be compatible with the park *Aid in resolving connectivity and mobility issues for Old West Austin *Resolve the barrier created by the Union Pacific railroad tracks *Provide extraordinary public amenities 9 D-7/9-PRESENTATION P R O J E C T P L A N *Developer has worked with the City of Austin since 2017 Austin Water Austin Energy Austin Transportation Department Parks and Recreation Department and Parks Board *Parkland Improvement Agreement *Quiet Crossing and Safety Enhancement Agreement *Community Facilities Agreement 10 D-7/10-PRESENTATION P U B L I C I M P R O V E M E N T S A N D A M E N I T I E S • Union Pacific Quiet Crossing and Safety Installation • Bike and Pedestrian Trail Created from Pressler St to Lance Armstrong • Public Trailhead at Terminus of Pressler at the Park with seating and ADA Bikeway accessibility • Lamar Beach Park Beautification Project • Includes mass grading, ~4,900 linear feet of rock walls, and ~750 inches of new trees planted • Burying and Improving Existing Utilities 6 utility borings under the Union Pacific right-of-way • • Overhead Austin Energy Line Placed Underground • Upgraded Water and Wastewater Lines with enhanced service to Old West Austin 11 D-7/11-PRESENTATION 12 D-7/12-PRESENTATION 13 D-7/13-PRESENTATION P U B L I C P L A Z A O P E N S P A C E T S R E L S S E R P T S L U A P UNION PACIFIC RAILROAD K E E R C CONSTRAINTS SUMMARY (SF ) Public Plaza Open Space 2,400 N P U B L IC P L A Z A O P E N S P A C E L A M A R B E A C H P A R K K E E R C 14 D-7/14-PRESENTATION 15 D-7/15-PRESENTATION 16 D-7/16-PRESENTATION 17 D-7/17-PRESENTATION 18 D-7/18-PRESENTATION 19 D-7/19-PRESENTATION 20 …

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D-8 C15-2021-0041 PRESENTATION original pdf

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D-8/1-PRESENTATION D-8/2-PRESENTATION D-8/3-PRESENTATION D-8/4-PRESENTATION

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D-9 C15-2021-0048 PRESENTATION original pdf

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8300 N IH-35 SVRD SB Board of Adjustment June 14, 2021 600 E Powell Ln. Site: 1.74 acres 75,795 SF 8300 N IH- 35 SVRD SB Site: 3 acres 130,680 SF Project Summary • Reuse existing extended stay hotel building for a deeply Affordable multifamily residential use • 218 hotel units = 226 proposed residential units • 67 studios • 138 one-bedroom units • 21 two-bedroom units • 50% of units @ 60% MFI • Affordable for 40 years • Affordable units will match overall unit mix of Off-Street Request Requesting a variance from LDC § 25-6, Appendix A Loading (Tables Requirements) for Multifamily Use to decrease the parking requirements for 1-bedroom and dwelling units larger than 1-bedroom to 1 space in order to convert existing hotel into deeply Affordable multifamily use. Parking and Hardship The hardship is incurred by the conversion of the hotel into a dense Affordable multifamily use. the existing hotel Thereby necessitating use of structures and on-site parking to provide 113 units @ 60 % MFI and below. Hardship Parking: Studio 1-bedroom 2-bedroom Total Request: Bedroom Type Total Units Required Parking per Unit Required Parking 67 138 21 226 units 1.5 1 2 67.0 207.0 42.0 316 284 Total parking with §25-6-478 (E2) Reduction: 317* 0.9 • Approx. additional 18% reduction to minimum parking requirements. Area Character 20% Urban Core Reduction by Right Reasonable Use Options Parking Spaces On-Site Off-Site Impact on Rent Impact on Density 239 spaces None None 239 spaces 44 spaces Raise Rents None 239 spaces None Lose: 20 1-bedrooms 14 Studios 0 0 A B C

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E-1 C16-2021-0008 AE REPORT original pdf

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June 3, 2021 Leah Bojo 715 W 23rd St Austin TX, 78705 Re: C16-2021-0008 Property Description: 1.2028 AC OF LOTS 28-32 & 0.1402 AC OF LOTS 25-27 OLT 38 DIV F WOOLDRIDGE MARY ANN RESUB PLUS 1/2 ADJ VAC ALLEY (TOTAL ACR: 1.3430) Dear Leah, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a sign variance(s) from the following sections of the Land Development Code; Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H); to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Austin Energy does not oppose the requested sign variances, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050

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E-1 C16-2021-0008 PRESENTATION original pdf

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715 W 23rd Street The Standard Sign Variance Application C16-2021-0008 E-1/1-PRESENTATION The Standard E-1/2-PRESENTATION 4 – Signs on Northern Façade 2 - Signs on Western Façade E-1/3-PRESENTATION Illumination Should Be Approved & Updated ERC ERC PUD ERC E-1/4-PRESENTATION List of Nearby Locations Where Illumination Variances Were Granted 1. April 12, 2021 – C16-2021-0003 (2552 Guadalupe Street) 2. March 8, 2021 - C16-2021-0006 (2101 Rio Grande Street) 3. March 8, 2021 – C16-2021-0001 (2402 Guadalupe Street) 4. November 9, 2020 – C16-2020-0007 (2234 Guadalupe) Six Variances From this Code Mistake Have Been Granted in Total. Not re-zoned under ERC The Standard E-1/5-PRESENTATION Night Photos of Neighboring Signs 911 W 21st 2323 San Antonio St 2502 Nueces 2400 San Gabriel 2323 San Antonio St 910 W 25th Not re-zoned under ERC E-1/6-PRESENTATION Request is Only For Illumination • Plans comply with other portions of the UNO Sign Regulations: • 150 square-foot maximum size per Code Section 25-10- • No freestanding or roof signs per Code Sections 25-10- • Only one projecting sign per façade per Code Section 25- 133(C) 133(D) and (E) 10-133(F) E-1/7-PRESENTATION Sign Locations Sign 1 Sign 4 Sign 2 Sign 6 Sign 5 Sign 3 E-1/8-PRESENTATION Overall Site Plan E-1/9-PRESENTATION Sign 1 – Western Facade E-1/10-PRESENTATION Sign 2 – Western Façade E-1/11-PRESENTATION Western Façade E-1/12-PRESENTATION Western Façade E-1/13-PRESENTATION Sign 3 – Northern Façade E-1/14-PRESENTATION Sign 4 – Northern Facade E-1/15-PRESENTATION Sign 5 – Northern Façade E-1/16-PRESENTATION Sign 6 – Northern Façade E-1/17-PRESENTATION Northern Façade E-1/18-PRESENTATION Northern Façade E-1/19-PRESENTATION Request We respectfully request a variance from Land Development Code Section 25-10-133 to allow for the illumination of five wall signs and one internally illuminated cabinet wall sign. E-1/20-PRESENTATION

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F-1 C15-2021-0036 AE REPORT original pdf

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June 3, 2021 Chalice McGee 6141 Jumano Ln Austin TX, 78749 Property Description: LOT 8 BLK C LEGEND OAKS SEC 7 Re: C15-2021-0036 Dear Chalice, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-899 (D) (E) (F) (Fences as Accessory Uses); to increase the height permitted from 6 feet (required) to 8 feet (requested) in order to maintain a recently constructed 8 ft. fence in an “SF-2-NP”, Single-Family Residence-Neighborhood Plan zoning district. (West Oak Hill Neighborhood Plan) Austin Energy does not oppose the requested height variance for the eight ft. fence, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- of 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050

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F-2 C15-2021-0055 AE REPORT original pdf

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June 3, 2021 RUBEN VALDES 1206 W Oltorf St Austin TX, 78704 Property Description: LOT 5 BLK A SOUTHWOOD SEC 1 Re: C15-2021-0055 Dear Ruben, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 25 feet (required) to 0 feet (requested) in order to maintain a Carport and Covered Entry in a “SF-6-NP”, Single-Family-Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). Austin Energy does not oppose the requested front yard setback variance, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- of 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050

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F-2 C15-2021-0055 PRESENTATION original pdf

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1206 W OLTORF FRONT SETBACK VARIANCE APPLICANT /SPEAKER : RUBEN VALDES CV # 2021-015186 F-2/1-PRESENTATION A HOME SHOULD PROVIDE COVERED PARKING • Safety • Prevents Property Damage • Design provides privacy to the house F-2/2-PRESENTATION PROTECTED TREES Cart port cannot be situated anywhere else without envading an easement, setback or protected tree F-2/3-PRESENTATION CRIME IS HIGH • Due to the Nature of the Design this cart port provides Privacy • We have been victims of crimes multiple times F-2/4-PRESENTATION WE NEED TO FEEL SAFE! F-2/5-PRESENTATION

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BOA Agenda June 14, 2021 original pdf

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Board of Adjustment Meeting June 14, 2021 (Versión en español a continuación) Board of Adjustment to be held June 14, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (June 13, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the June 14, 2021 Board of Adjustment Meeting, members of the public must: • Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (June 13, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). • Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. • Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. • Speakers will be placed in a queue until their time to speak. • Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. • If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment - FECHA de la reunion (June 14, 2021) La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (June 13, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion June 14, 2021, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (June 13, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de …

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D-4 C15-2021-0032 LATE BACKUP original pdf

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D-4/1-LATE BACKUP D-4/2-LATE BACKUP SRCC Neighborhood Association SRCC Executive Committee Meeting Minutes – May 4, 2021 Posted on May 16, 2021 by Secretary SRCC EXECUTIVE COMMITTEE MEETING – MINUTES TUESDAY, May 4, 2021 7:00 PM Zoom Teleconference via THE INTERNET MINUTES To be sure you get a vote, be a member. You can join or renew online www.srccatx.org. Not sure if you are current? Email membership@srccatx.org and we’ll let you know. CALL TO ORDER/APPROVAL OF MINUTES The Chair called the meeting to order at 7:04 1. 7:00 Meeting procedures, Zoom tools, etiquette, welcome & introductions of new members Presenter throughout: Cynthia Milne, President, unless otherwise noted. (8 min) The Chair introduced the new officers and new officer roles. There was discussion about capturing the Zoom chat. 2. 7:08 Membership & voting announcements. Reminder that SRCC current dues status is required to participate in SRCC business and actions such as voting and making motions. (2 min) 3. 7:10 Approve minutes from April 2021 Executive Committee Meeting Reminder: schedule for Executive meetings: 1st Tuesday of most months; 7:00pm – 8:30pm, Location: teleconference during 2020 (eventually will return to Good Shepherd on the Hill). Remaining meeting dates in 2021: GM May 18; EC Jun 1 (tentative); GM Jun 15; EC (tentative) Aug 3; GM Aug 17; EC Sept 7 (tentative); GM Sept 21; EC Oct 5 (tentative); GM Oct 19; GM Nov 16; EC Dec 7. (5 min) There were no comments or corrections to the minutes, and they were approved as posted. D-4/3-LATE BACKUP NPCT – nothing to report ANC – had a meeting on April 28, Council Member Mackenzie Kelly spoke. There was discussion about the homeless situation. The City Manager attended and provided updates related to Winter Storm URI, with several department heads (including Austin Energy and Austin Water). They are eliminating water usage from the month of February for wastewater averaging purposes. CodeNext sounds like it is still on hold. SCWAB – At the last meeting there was discussion related to the new board. Held elections and re-elected the SCC – nothing to report president and vice-chair. St Ed’s – nothing to report Ad Hoc LDC – the development side is very well organized, and are petitioning the legislature. The Chair asked that anyone willing to testify against CodeNext contact her to get on the record. Ad Hoc DEI – the folks on the committee have been overloaded and …

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E-1 C16-2021-0008 LATE BACKUP original pdf

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E-1/1-LATE BACKUP E-1/2-LATE BACKUP

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F-1 C15-2021-0036 LATE BACKUP original pdf

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Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0036 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; June 14th, 2021 Your Name (please print) To m o -m j La / Your address(es) affected by this application "JKl am in favor O I object *1*- r Signature Date Daytime Telephone: S 1^-9%O 6 08 Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization that has expressed an interest in an application affecting your neighborhood. During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or pommission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: • delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice)-, or appearing and speaking for the record at the public hearing; • and: • occupies a primary residence that is within 500 feet of the subject property or proposed development; • is the record owner of property within 500 feet …

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F-2 C15-2021-0055 LATE BACKUP original pdf

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From: Sent: To: Ramirez, Elaine Subject: Case15-2021-0055 Thursday, June 10, 2021 12:47 PM *** External Email - Exercise Caution *** My name is Annabelle Valle. I am Power of Attorney for Joe Bobby Eurebia who lives at 1211 Southwood Rd. Mr Eurebia is a disabled individual with a mental disability. As his representative, I feel that he would not object to the proposed variance. Any improvement to a home in his neighborhood should also benefit him. So I do not want to voice any opposition to this request. If you have any questions, please feel free to call me at (512) 587-4860. Thank you. Annabelle Valle POA for Joe Bobby Eurebia 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. file:///Coacd/...A%20PACKET6%20JUN%2014,%202021/BOA%20LATE%20BACKUP%20JUNE%2014,%202021/Case15-2021-0055.txt[6/10/2021 1:19:21 PM] F-2/1-LATE BACKUP

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D-4 C15-2021-0032 LATE LATE BACKUP original pdf

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Ramirez, Elaine From: Sent: To: Subject: Julie Malouf Monday, June 14, 2021 12:48 PM Ramirez, Elaine Proposed variance for 1601 Brackenridge St *** External Email - Exercise Caution *** Ms. Ramirez, This email serves to confirm our strong opposition to the setback variance application for 1601 Brackenridge St, Austin 78704. This is a double corner property that is exposed to streets on three sides, Brackenridge St., Monroe Ave. and Drake Ave, and while other "surrounding" structures referred to in the application have been granted setback exceptions, corners have different setback rules for a reason. This is a high traffic corner, as Monroe is a main artery to and from the shops and restaurants on South Congress. There is a high volume of kids on bicycles and scooters, many of which pay little attention to traffic laws and their surroundings. The proposed reduction from 25' to 5' will greatly reduce visibility at the intersection of Monroe and Drake and the ability to anticipate issues with oncoming traffic or bicycles, unnecessarily putting people's lives at risk. At approximately 6400 square feet, there is plenty of space for a structure to exist on the lot at 1601 Brackenridge St. without needing to reduce the setback from the street and endanger lives. We respectfully ask you to please decline this proposed variance for the reasons mentioned above. Thank you for your consideration. Regards, Julie Malouf Property owner - 1611 Drake Ave 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. 1 T HE F AS ANO F IR M DOMESTIC AND INTERNATIONAL FAMILY LAW KAREN FASANO, J.D., LL.M 732.825.7140 PHONE 732.865.7166 FACSIMILE www.fasanofirm.org 882 NAVESINK RIVER ROAD RUMSON, NEW JERSEY 07760 1509 Alta Vista Avenue Austin, Texas 78704 June 14, 2021 Re: This letter shall serve as formal opposition to the proposed setback variance relative to the VIA EMAIL Elaine.ramirez@austintexas.gov 1604 Brackenridge Street, Austin Texas 78704 Proposed Setback Variance Dear Ms. Ramirez: above-mentioned property (hereinafter “1604 Brackenridge”). 1604 Brackenridge is a corner lot located in a residential neighborhood/tourist destination at a busy intersection just off South Congress Avenue with a high volume of predestination, bicycle, and motorized traffic. The proposed setback reduction from twenty-five (25) feet to five (5) feet is an egregious …

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C-1 C16-2021-0003 PP DS TO AUG 9 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 CASE NUMBER: C16-2021-0003 DATE: June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne ABSTAINING ___-____Don Leighton-Burwell (no vote/late) ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building.(G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Veronica Rivera motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO APRIL 12, 2021. (RENOTICE) VARIANCE REQUESTED: RENOTICE The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, (H) to allow for all twelve (12) signs, nine (9) on …

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D-1 C15-2020-0083 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 CASE NUMBER: C15-2020-0083 DATE: Monday June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Daniel Salazar OWNER: Enez Salinas ADDRESS: 2810 GONZALES ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two- Family Residential use location at least 10 feet to the rear or side of the principal structure (required) to 5 feet (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Note: Per LDC the second Dwelling Unit must be contained in a structure other than the principal structure and must be located at least 10 feet to the rear or side of the principal structure BOARD’S DECISION: BOA MEETING JAN 11, 2021 Board Member Jessica Cohen motions to postpone to February 8, 2021 due to technical difficulties, Board member Michael Von Ohlen seconds on a 9-0 vote; POSTPONED TO February 8, 2021 DUE TO TECHNICAL DIFFICULTIES. February 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Brooke Bailey motions to postpone to March 8, 2021; Board Member Darryl Pruett seconds on a 10-0 vote; POSTPONED TO MARCH 8, 2021. March 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Postpone to April 12, 2021 Board Member Rahm McDaniel seconds on a 10-0 vote; POSTPONED TO APRIL 12, 2021. (RENOTIFICATION NEEDED) VARIANCE REQUESTED: RENOTICE APRIL 12, 2021 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 4 feet 6 inches (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) BOARD’S DECISION: April 12, 2021 cancelled; May 10, 2021POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Rahm McDaniel motions to Grant with condition that the wall adjacent to rear be fire rated; Board Member Nicholl Wade seconds on a 10-0 vote; GRANTED WITH CONDITION THAT THE WALL …

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June 14, 2021

D-10 C15-2021-0049 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-10 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0049 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Perry Hunt OWNER: Amias Maldonado and Lena Banks ADDRESS: 1025 ELLINGSON LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-1463 (Secondary Apartment Regulations) (C) (5) (a) to increase Floor to Area ratio from 15% (required) to 15.87% (requested) in order to maintain a Secondary Apartment in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Hancock Neighborhood Plan) Note: 25-2-1463 - SECONDARY APARTMENT REGULATIONS (C) The secondary apartment: (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. BOARD’S DECISION: May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant; Board Member Brooke Bailey seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: existing structure, not common for existing structure to be built this far back on the property, can be consider secondary unit, to reuse this structure from 1957 currently with 966 sf limit, 50 years later is odd. 2. (a) The hardship for which the variance is requested is unique to the property in that: with lot size, ADU limited to 966 sq ft, home exist back of the property, it is actually really unique. (b) The hardship is not general to the area in which the property is located because: there are not any homes in direct area that are in the same configuration. 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: property will conform to .4 FAR overall, even though there is a slight amount square footage more in the existing structure, site will comply with .4 FAR ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chairman Diana Ramirez for

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June 14, 2021

D-11 C15-2021-0051 GRANTED DS W APPROVED DRAWINGS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-11 CASE NUMBER: C15-2021-0051 DATE: Monday June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Peter Pevoto ADDRESS: 106 AND 108 COMAL 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: a) and b) order to erect a Single Family Residence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (East Cesar Chavez Neighborhood Plan). BOARD’S DECISION: May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Brooke Bailey motions to Grant as per drawings D-11/14, 15, 16, 17, 18, 19; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED AS PER DRAWINGS D-11/14, 15, 16, 17, 18, 19. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested) in decrease the minimum Front Yard Setback from 25 feet (required) to 15 feet (requested) the combined dimensions of the lot would equate to a 75ft wide by 50ft deep lot, which using standard setbacks of 25ft on the front lot line and 10ft on the back lot line, would only allow for a 15ft maximum depth of the home, which is not functional, the maximum footprint (considering also 10ft setback from the alley and a 5ft setback on the side yard) would only be 900 sf which is only 23% of the lot size, this would also not allow for adequate parking as code requires 2 spaces for a single family. 2. (a) The hardship for which the variance is requested is unique to the property in that: these are two tiny, empty, legally-platted lots that do not quality for Small Lot Amnesty by themselves, so will be combining them both via a UDA in order to build one single family residence on the roughly 3,800 sq combined lot, no other lots or homes face Comal St within 8 blocks of this site, so front yard setback averaging is impossible, the only existing homes facing Comal have front yard setbacks less than 10ft. (b) The …

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June 14, 2021

D-12 C15-2021-0028 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-12 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0028 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/AGENT: David Morgan ADDRESS: 3406 GONZALES ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (C) (2) (a) which requires an Accessory Dwelling Unit to be located at least 10 feet to the rear or side of the principal structure (required), to 6 ft. 7 in. from the principal structure (requested) in order to erect a Single-Family residence in an “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Note: Per LDC the second Dwelling Unit must be contained in a structure other than the principal structure and a) must be located at least 10 feet to the rear or side of the principal structure; or b) above a detached garage. BOARD’S DECISION: MAY 10, 2021 POSTPONED TO JUNE 14, 2021 DUT TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant with condition that the ADU is not used for STR (Short-term rental); Board Member Don Leighton-Burwell seconds on a 10-0 vote; GRANTED WITH CONDITION THAT THE ADU IS NOT USED FOR STR (SHORT-TERM RENTAL). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: existing structure has 4 large protected trees in front half of property, these trees have CRZ that overlap current structure, demolition and reconstructing of correct proportion is impossible, in taking off addition structure would bring proportion to ADU size. 2. (a) The hardship for which the variance is requested is unique to the property in that: has existing structure with 4 large protected trees in front (b) The hardship is not general to the area in which the property is located because: 4 protected trees surrounded this small house makes it unique 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: as from the front you will be able to see …

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June 14, 2021

D-2 C15-2021-0019 WITHDRAWN DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 CASE NUMBER: C15-2021-0019 DATE: Monday June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Don Leighton-Burwell (no vote/late) ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Lawrence Graham ADDRESS: 5909 BULL CREEK RD 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 6 feet 7 inches (requested) in order to erect a Guest House in a SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA Meeting Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Melissa Hawthorne motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 7-3 vote (Board members Don Leighton-Burwell, Darryl Pruett and Donny Hamilton nay); POSTPONED TO APRIL 12, 2021. April 12, 2021 cancelled; May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 WITHDRAWN 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 Chairman Diana Ramirez for

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June 14, 2021

D-3 C15-2021-0027 PP DS TO JULY 12 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0027 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase from 45% (maximum allowed) to 50% (requested), in order to construct a swimming pool to an existing Single-Family residence in an “SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021; POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; JUNE 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. 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 Chairman ____________________________ Diana Ramirez for

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June 14, 2021

D-4 C15-2021-0032 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0032 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___N____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Jessica Braun OWNER: Mark Hutchinson ADDRESS: 1601 BRACKENRIDGE ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 5 feet (requested) in order to erect a secondary dwelling unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (South River City Neighborhood Plan) Note: Per LDC for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant with condition that the ADU not be used for STR (Short-term rental); Board Member Brooke Bailey seconds on a 9-1 vote (Board member Darryl Pruett nay); GRANTED WITH CONDITION THAT THE ADU NOT BE USED FOR STR (SHORT-TERM RENTAL). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot has a front yard setback requirement and both sides of street, street that generally has not have a front yard setback on both sides 2. (a) The hardship for which the variance is requested is unique to the property in that: there is a heritage tree in the middle, a rehab of an existing structure and placing the structure in its single story adjacent to the other structure along the street will be normal in the neighborhood on this particular lot. (b) The hardship is not general to the area in which the property is located because: other structures don’t have the historic house, tree and have the historic structure be outstanding. 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: has gone through a stakeholder process, HLC has approved it and other structures along Drake that have …

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June 14, 2021

D-5 C15-2021-0033 DENIED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-5 CASE NUMBER: C15-2021-0033 DATE: Monday June 14, 2021 ___Y____Thomas Ates ___N____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___N____Don Leighton-Burwell ___Y____Rahm McDaniel ___N____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___N____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Mark Zupan OWNER: Christopher Affinito ADDRESS: 221 LESSIN LN 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 front yard setback from 25 feet (required) to 12 feet (requested) in order to erect Multi-Family-Condominiums in an “SF-6-NP”, Condominium residence-Neighborhood Plan zoning district. (Dawson Neighborhood Plan) BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Rahm McDaniel motions to Grant; Board Member Melissa Hawthorne seconds on a 5-5 vote (Board members Brooke Bailey, Jessica Cohen, Don Leighton-Burwell, Darryl Pruett, Carrie Waller nay); MOTION FAILS; DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: SF-6 zoning allows 1 unit per 3,500 SF on site area, based on the site area of approx. 63,597 sf, this property is entitled to 18 condominium residential units, due to the high concentration of heritage trees and valuable “less than heritage” trees, floodplain, and the fact that the property is a through lot, both front and rear of the property face a street, creating additional building setbacks, would only be able to build 14 condo units on this property without creating a larger, attached condo building that would look inconsistent with the character of the neighborhood 2. (a) The hardship for which the variance is requested is unique to the property in that: most properties in the area are much smaller, are zoned SF-3, are not in the floodplain and have a lower concentration of valuable and heritage trees, this property is also unique in that the front and rear both face a street, creating a double front setback which further restricts development compared to other lots. (b) The hardship is not general to the area in which the property is located because: other lots in the area do not face a street on three sides and are subject to smaller building setbacks, the combination of these …

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