MEMORANDUM TO: Members of the Planning Commission FROM: Jerry Rusthoven, Assistant Director/Interim Lead Planning and Zoning Department DATE: May 22, 2020 SUBJECT: UNO Sign Regulations The Planning and Zoning Department is requesting the Commission initiate an amendment to the UNO ordinance to correct an inadvertent change made to the sign regulations in the ordinance. In November 2019 the City Council approved changes to the UNO ordinance. One of those changes was intended to address signs above the second story of a building. Those signs were required to be cut in or engraved into the structure of the building. If the name of a building were placed on the facade this made it physically difficult to change the name in the future. It was agreed by the stakeholders to remove this requirement. In making this change to the ordinance a mistake was made and the result is all illuminated signs were prohibited in the UNO area. This is not what was intended or agreed to by the stakeholders. Also, because the UNO sign regulations are also used in TODs and the North Burnet/Gateway Plan this mistake carries over to other areas. Staff is asking for the opportunity to correct the ordinance. We will be working with the same stakeholders involved in the November revisions. If you need additional information, please contact me by email or 512-974-3207. Cc: Andy Linseisen, Assistant Director, DSD E-3/1
City Council & City Manager, WHEREAS, the members of the Austin Board of Adjustment (“BOA”), fees have increased to a point that many socioeconomically challenged families in the City have been priced out of the ability to have their due process rights met at the Board of Adjustment; and WHEREAS, the BOA would like to give a fair and equitable hearing to all citizens that believe they deserve a special exception to, or a hardship variance from, the land development code; and WHEREAS, the metropolitan area of the City of Austin has approximately 11% of its residents below the federal poverty limit who would be severely challenged or unable to pay the BOA current fee thereby preventing these citizens experiencing issues with Austin’s complex land development code from being able to come to our Board for relief; and WHEREAS, further complicating the situation there is a current public health crisis in the form of SARS-CoV-2 that has resulted in mass unemployment and loss of income; and WHEREAS, a large number of the recent BOA cases have been for issues related primarily to commercial development and large home/real estate developers instead of homes of working or middle class neighborhoods; and WHEREAS, in the past the City of Austin has a history of providing financial assistance programs to assist its citizens and has been at the forefront of implementing policy that provides equity and access to government to all ie. Austin Energy CAP etc.; and WHEREAS, it is the desire that the City Council and City Manager support a fee assistance program for the Board of Adjustments in which the Board fully understands that the current fee structure was intended to reflect the actual cost of services provided by staff within the City, the BOA would like to be clear that any fee assistance program should not result in changes to staffing, rather, that the BOA and the staff provide a public good that should be provided by and supported with tax dollars and fees collected by the city, rather than wholly paid for by socioeconomically challenged applicants; and WHEREAS, the staff that serves the BOA provides exemplary customer service and board support duties, and our city should be proud of the professionalism and knowledge provided by its staff to residents; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF AUSTIN: The Board of Adjustment hereby …
Special Meeting of the Board of Adjustment Board of Adjustment to be held October 12, 2020 with Social Distancing October 12, 2020 Modifications The Board of Adjustment on October 12, 2020, due to current situation with COVID-19, the meeting will be held virtually online and viewable at http://www.atxn.tv beginning at 5:30pm. Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (October 11, 2020 by Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the October 12, 2020, Board of Adjustment Meeting, residents must: •Call or email the board liaison, Elaine Ramirez at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (October 11, 2020). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start 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 October 11, 2020 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment FECHA de la reunion (October 12, 2020) a la 5:30 pm http://www.atxn.tv 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 (October 11, 2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los residentes deben: • Llame o envíe un correo electrónico al enlace de la junta a Elaine Ramirez 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (el día antes de la reunion-October 11, 2020). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / …
MINUTES Special Meeting of the Board of Adjustment September 14, 2020 Board of Adjustment to be held September 14, 2020 with Social Distancing Modifications The Board of Adjustment on September 14, 2020, due to current situation with COVID-19, the meeting will be held virtually online and viewable at http://www.atxn.tv beginning at 5:30pm. Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (September 13, 2020 by Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the September 14, 2020, Board of Adjustment Meeting, residents must: •Call or email the board liaison, Elaine Ramirez at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (September 13, 2020). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start 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 September 13, 2020 the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment FECHA de la reunion (September 14, 2020) a la 5:30 pm http://www.atxn.tv 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 (September 13, 2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los residentes deben: • Llame o envíe un correo electrónico al enlace de la junta a Elaine Ramirez 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, …
BOA Monthly Report July 2020-June 2021 September 14, 2020 1) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 2) 25-2-551 (Lake Austin District Regulations) (C) (3) to increase the maximum IC on a slope 3) 25-2-774 (Two-Family Residential Use) (B) from lot area 4) 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 1) 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value Granted 4 PP Cases Withdrawn Denied 1 0 0 Dec and Jan. interpretations 0 new inquiries (Added Sept # 2020) The deposition of the case items: 10 A. Granted 2 B. Postponed 0 C. Withdrawn D. Denied 3 E. Discussion Items 26 E-1/1 August 10, 2020 1) 25-2-551 (Lake Austin (LA) District Regulations) to reduce the Shoreline Setback 2) 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off-Street parking and Loading Requirements) to reduce the number of required parking spaces 3) 25-2-492 (Site Development Regulations) (D) to decrease the rear setback 4) 25-2-492 (Site Development Regulations) to decrease the minimum interior side setback; decrease the minimum rear yard setback; to increase building coverage; increase impervious coverage Granted 4 PP Cases Withdrawn Denied 0 0 0 Discussion Items 18 Dec and Jan. interpretations 0 new inquiries (Added Aug # 2020) The deposition of the case items: A. Granted 6 B. Postponed 1 C. Withdrawn 0 D. Denied 3 E. Discussion Items 18 E-1/2 0 2 1 Granted PP Cases Withdrawn Denied Discussion Items Dec and Jan. interpretations The deposition of the case items: 2 A. Granted 1 B. Postponed 0 C. Withdrawn D. Denied 3 E. Discussion Items 10 3 10 July 13, 2020 1) 25-10-133(C) to exceed sign area from 150 sq.ft. and (G) illuminate Both signs 2) 25-2-963 (D)(2) (a) to move the docks by consolidating them into 1 dock And to raise the top of the rail elevation to the 2 slip dock 1) 25-2-492 to decrease the minimum interior side SB, to decrease the Minimum rear yard SB, to increase the BC, to increase the IC 1) 25-10-124 (B)(1)(b) to increase the maximum sign area on lot and 25-10-125 (B)(2) height 2) 25-2-721 (C)(1) and (2) secondary SB area to allow construction of a home And to increase the maximum allowable IC 3) 25-2-492 to …
October 6, 2020 Rick Rasberry 3002 Scenic Dr Austin TX, 78703 Re: C15-2020-0050 Property Description: LOT 15 BLK D *FIRST RESUB OF BROWN HERMAN ADDN NO 2 SEC 4 Dear Rick, 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 from the Land Development Code § 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (4) (a) to increase shoreline frontage from 20 percent (maximum allowed) to 30 percent (requested), (30 percent existing); In order to remodel an existing Boat Dock in a “LA”, Lake Austin zoning district. Austin Energy does not oppose the above variance request 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 the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691- 4a74-98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES 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
October 6, 2020 Michael Gaudini 900 Old Koenig Ln Austin TX, 78756 Re: C15-2020-0053 Property Description: LOT 4,5&6 AMENDED PLAT OF LTS A-E & G WUPPERMAN ADDN SEC 2 Dear Michael, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from – variance(s) to decrease the required setback and increase the maximum allowable height requirements for the following chapter of the Land Development Code; Article 10, Compatibility Standards, Division 2 – Development Standards, § Section 25-2-1063 - (Height Limitations and Setbacks for Large Sites) (B) (2) reduce setback from 25 feet (required) to 0 feet (requested) (C) (1) (b) increase height limit from 30 feet (required) to 60 feet (requested) (C) (2) (b) increase height limit from 40 feet (maximum allowed) to 60 feet (requested); In order to erect Vertical Mixed-Use project with on-site affordable units being in a “CS-MU-V-CO-NP”, General Commercial Services – Mixed Use – Vertical Mixed Use - Conditional Overlay – Neighborhood Plan zoning district, in the Brentwood Neighborhood Denied by Austin Energy (AE) The proposed variance request and footprint of proposed structures conflict with Austin Energy's existing Transmission clearances from our facilities, which is twenty-five feet (25’). Please use this link to be advised of our Transmission and Substation clearance and safety requirements which are additional conditions of the above review action: see Page 111. Transmission and Substation requirements. https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES 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
October 6, 2020 Mari Russ 3612 Govalle Ave Austin TX, 78702 Property Description: 120 X 61.7 FT OLT 48 DIVISION A Re: C15-2020-0054 Dear Mari, 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 from the City of Austin’s Land Development Code, Section 25-2-774 (Two-Family Residential Use) (C) (5) (a) to increase the total area of a Second Dwelling Unit; unit not to exceed 1,100 total square feet or Floor to Area Ratio of 0.15, whichever is smaller (maximum allowed) to 2,000 square feet (requested) and; (b) to increase the second-floor area of a Second Dwelling Unit; 550 square feet on second floor (maximum allowed) to 1,100 square feet (requested); In order to erect an Accessory Dwelling Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Austin Energy does not oppose the above variance request 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
October 6, 2020 Lauren Jones 901 Terrell Hill Dr Austin TX, 78704 Re: C15-2020-0057 Property Description: LOT 10 BLK K OAK RIDGE HEIGHTS SEC 3 Dear Lauren, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variance(s) from the following sections of the City of Austin’s Land Development Code; § 25-2-492 (Site Development Regulations) a) from setback requirements to decrease the minimum front yard setback from 25 feet (required) to 15 feet (requested) and; § Section 25-2 Subchapter F, Residential Design and Compatibility Standards, b) Article 3, 3.3 to increase the finished floor elevation of the first story from 3 feet (maximum allowed) to 8 feet (requested) above the "average elevation". In order to erect a Single-Family Residence in a SF-3”, Single-Family Residence zoning district. Austin Energy does not oppose the above variance request 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
October 6, 2020 Robert Sparks 6004 Sierra Grande Austin TX, 78759 Property Description: LOT 7 BLK C SIERRA VISTA I Re: C15-2020-0059 Dear Robert, 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 from the Land Development Code; § 25-2-492 (Site Development Regulations) front setback requirements; to decrease the minimum front yard setback from 25 feet (required) to 17 feet (requested); In order to complete a Carport in a SF-2”, Single-Family Residence zoning district. Austin Energy does not oppose the above variance request 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 the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES 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
August 25, 2020 Harmony Grogan 2202 W 49th St Austin TX, 78756 Property Description: LOT 1 MEIER ILENE SUBD Re: C15-2020-0042 Dear Harmony, 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 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% of $69,983 (allowed) to $150,000 (requested); In order to complete a remodel and addition to an existing single-family residence being in a “SF-3-NP” Single-Family Residence zoning district and the Rosedale Neighborhood planning area. Austin Energy does not oppose the above variance request 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 the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES 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
ARMBRUST & BROWN, PLLC C-2 LATE BACKUP/1 C-2 LATE BACKUP/2 Brentwood Neighborhood Association Serving Our Neighborhood from 45th St. to Justin Lane and North Lamar to Burnet Road Date: October 4, 2020 Re: Compatibility Waiver for property development at 5916 North Lamar The Brentwood Neighborhood Association does not oppose the compatibility waiver for 5916 North Lamar with regard only to the Koenig Lane Christian church (which the church has agreed to) as illustrated in this diagram. We would not support any waiver to the SF-3 residences, if requested. C-2 LATE BACKUP/3
C-4 LATE BACKUP/1 3 4 7 8 3 4 7 4 2 3 A b e M o s k o w i t z C A U T I O N : T h i s e m a i l w a s r e c e i v e d a t t h e C i t y o f A u s t i n , f r o m a n E X T E R N A L s o u r c e . P l e a s e u s e c a u t i o n w h e n c l i c k i n g l i n k s o r o p e n i n g a t t a c h m e n t s . I f y o u b e l i e v e t h i s t o b e a m a l i c i o u s a n d / o r p h i s h i n g e m a i l , p l e a s e f o r w a r d t h i s e m a i l t o c y b e r s e c u r i t y @ a u s t i n t e x a s . g o v . T o : F r o m : D a t e : S u b j e c t : V a r i a n c e R a m i r e z , E a n e l i A b e M o s k o w i t z S u n d a y , O c t o b e r 1 1 , 2 0 2 0 1 0 : 1 9 : 5 7 A M * * * E x t e r n a l E m a i l - i E x e r c s e C a u t i o n * * * C-4 LATE BACKUP/2
Public Comment Case Number: C15-2020-0059 Contact: Elaine Ramirez Public Hearing: Board of Adjustment October 12, 2020 I am neither in favor nor do I object, at this time. I am interested in compliance with zoning requirements that apply to myself an all my neighbors. ñ uela LaDonna Casta 5913 Sierra Grande Drive Austin, Texas 78759 At the time of this writing, I cannot say if I am in favor of or if I object to this request for a variance. I know the Sparks and they are very nice people who are engaged in the community. I very much appreciate them for both. I plan to attend the hearing online. I am in the process of having some major construction work done on my property, and the contractors I’ve interviewed are very aware (and sure to make me very aware) of city permitting requirements. I can only imagine, based on the estimates I am reviewing for my projects, how much the carport with tied in roof will and has cost. In my review of the application, it looks like the stated hardships are the heat from the afternoon sun, the shape of the large corner lot, and the need for covered access to a future ramp to the front porch. It seems the carport could be shorter and still accomplish shade and covered access from the car to the porch. I look forward to learning more about this project and this process that impacts my neighborhood. Thank you for the opportunity to submit these comments. C-5 LATE BACKUP/1 C-5 LATE BACKUP/2 C-5 LATE BACKUP/3 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. C-5 LATE BACKUP/4
City Council & City Manager, WHEREAS, the members of the Austin Board of Adjustment (“BOA”), agree that fees have increased to a point that many socioeconomically challenged families in the City have been priced out of the ability to have their due process rights met at the Board of Adjustment; and WHEREAS, the BOA would like to give a fair and equitable hearing to all citizens that believe they deserve a special exception to, or a hardship variance from, the land development code; and WHEREAS, the metropolitan area of the City of Austin has approximately 11% of its residents below the federal poverty limit who would be severely challenged or unable to pay the BOA current fee thereby preventing these citizens experiencing issues with Austin’s complex land development code from being able to come to our Board for relief; and WHEREAS, further complicating the situation there is a current public health crisis in the form of SARS-CoV-2 that has resulted in mass unemployment and loss of income; and WHEREAS, there has been a noticeable lack of applications from the working or middle class neighborhoods in recent BOA cases and the majority have been for issues related primarily to commercial development and large home/real estate developers; and WHEREAS, in the past the City of Austin has a history of providing financial assistance programs to assist its citizens and has been at the forefront of implementing policy that provides equity and access to government to all i.e. Austin Energy CAP etc.; and WHEREAS, it is the desire that the City Council and City Manager support a fee assistance program for the Board of Adjustments in which the Board fully understands that the current fee structure was intended to reflect the actual cost of services provided by staff within the City, the BOA would like to be clear that any fee assistance program should not result in changes to staffing, rather, that the BOA and the staff provide a public good that should be provided by and supported with tax dollars and fees collected by the city, rather than wholly paid for by socioeconomically challenged applicants; and WHEREAS, the staff that serves the BOA provides exemplary customer service and board support duties, and our city should be proud of the professionalism and knowledge provided by its staff to residents; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: Monday October 12, 2020 CASE NUMBER: C15-2020-0050 ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Ada Corral (OUT) ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___-____Yasmine Smith (OUT) ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) ___-____Donny Hamilton (Alternate) n/a APPLICANT: Rick Rasberry OWNER: Meredith Dreiss ADDRESS: 3002 SCENIC DR VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (4) (a) to increase shoreline frontage from 20 percent (maximum allowed) to 30 percent (requested), (30 percent existing) in order to remodel an existing Boat Dock in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code (4) the Width of a dock measured parallel to the shoreline of the lot or tract where the dock is proposed, and including all access and appurtenances, may not exceed: (a) 20 percent of the shoreline frontage, if the shoreline width exceeds 70 feet. BOARD’S DECISION: BOA MEETING OCT 12, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Don Leighton-Burwell motions to Postpone to November 9, 2020, Board Member Michael Von Ohlen seconds on an 11-0 vote; POSTPONED TO NOVEMBER 9, 2020. 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 Don Leighton-Burwell Chairman Diana Ramirez for
CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: Monday October 12, 2020 CASE NUMBER: C15-2020-0053 ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Ada Corral (OUT) ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___-____Yasmine Smith (OUT) ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) ___-____Donny Hamilton (Alternate) N/A APPLICANT: Michael Gaudini OWNER: Thomas Bercy ADDRESS: 900 OLD KOENIG LN AND 5916 N. LAMAR BLVD. VARIANCE REQUESTED: The applicant is requesting a variance(s) to decrease the required setback and increase the maximum allowable height requirements of Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (B) (2) reduce setback from 25 feet (minimum allowed) to 0 feet (requested) b) (C) (1) (b) increase height limit from 30 feet (maximum allowed) to 60 feet (requested) c) (C) (2) (b) increase height limit from 40 feet (maximum allowed) to 60 feet (requested) in order to erect Vertical Mixed Use project with on-site affordable units in a “CS-MU-V-CO-NP”, General Commercial Services – Mixed Use – Vertical Mixed Use - Conditional Overlay – Neighborhood Plan zoning district. (Brentwood Neighborhood Plan) Note: The Land Development Code Section 25-2-1063 (B) A person may not construct a structure 25 feet or less from property: (2) on which a use permitted in an SF-5 or more restrictive zoning district is located. (C) The height limitation for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from the property: (b) on which a use is permitted in an “SF-5” or more restrictive zoning district; or (2) three stories and 40 feet if the structure is more than 50 feet and not more than 100 feet from property: (b) on which a use is permitted in an “SF-5” or more restrictive zoning district is located. BOARD’S DECISION: BOA MEETING OCT 12, 2020 Board Member Melissa Hawthorne motions to Postpone to December 14, 2020, Board Member Brooke Bailey seconds on an 11-0 vote; POSTPONED TO DECEMBER 14, 2020. 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 …
