Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
A COMMUNITY GUIDE TO THE CITY OF AUSTIN'S BOARD OF ADJUSTMENT: Practical Tips for Zoning Variances, Special Exceptions and Administrative Appeals Approved by the Board of Adjustment, on April 13, 2015, and prepared in collaboration with the City Law Department and Development Services Department. Chair Vice Chair Boardmembers: Don Leighton-Burwell, Melissa Hawthorne, Brooke Bailey Jessica Cohen Ada Corral William Hodge Rahm McDDaniel Darryl Pruett Veronica Rivera Yasmine Smith Michael Von Ohlen Legal Advisors: Lee Simmons Steven Maddoux Staff Support: Elaine Ramirez Diana Ramirez - Common examples of hardship include restraints, unusually if they are wants to preserve topographical lot shapes. Trees may constitute required them. lots with steep slopes, small lot area, or irregular or if an applicant to be preserved a hardship, - Personal troubles hardship. focus primarily circumstances, with neighbors, An applicant cannot be the sole basis for finding a but should may mention on characteristics such factors, itself. such as financial of the property or difficulties A hardship cannot be self-created. - An applicant based on conditions for a permit or site plan cannot claim a hardship for creating. that he or she is responsible - For example, if a structure is designed in a manner that fails to comply with regulations, hardship. Or, if a landowner pieces, hardship. the structure's subdivides he or she can't rely on their irregular shape to prove a a lot into irregular non-compliance isn't a A hardship where it's located. must be unique to the property, not general to the area - If steep slopes then neither hardship by itself. or small lots are common to a particular condition is sufficiently unique to constitute area, a - If a lot is entitled automatically relaxes small lots, then of a hardship. evidence the understanding area, development regulations. certain lot amnesty," under city code to "small which regulations for development be relied on as lot size alone should not with was approved of minimum lot Small lot amnesty that, with the exception would meet other site development - The City's example, regulations alone cannot be the hardship. cannot request a height variance and For an applicant BOA Community Guidebook -10 variance, different "hardship." the criteria kinds of situation exception and don't necessarily can be tailored require to address of for a special a showing In 2011, the City of Austin adopted a special exception designed periods required summarize followed to address of time …
BOARD OF ADJUSTMENT RULES OF PROCEDURE Approved by the Board of Adjustment on February 11, 2019 ARTICLE I. GENERAL PROVISIONS (A) Legal Authority & Jurisdiction. (1) The Board of Adjustment (“BOA” or “Board”) is a sovereign board established by the City Council pursuant to Subchapter A of Chapter 211 of the Texas Local Government Code (“Chapter 211”). The BOA derives its authority from state law, as well as City Code § 2-1-111 (Board of Adjustment) and Chapter 25-2 (Zoning). (2) As stated in Chapter 211 and the City Code, the BOA’s primary functions are to hear and decide: Requests for variances from site development regulations adopted under Chapter 25-2, Subchapter C (Use and Development Regulations) and from certain sign regulations under Chapter 25-10 (Sign Regulations); Requests for special exceptions from site development regulations, where expressly authorized by Code; and (c) Appeals of administrative decisions made in the enforcement and administration of City zoning regulations and decisions made in the enforcement of Chapter 211. (B) Rules of Procedure. (1) These Rules of Procedure (“Rules”) establish standards, guidelines, and requirements for: (a) the conduct of public hearings and the resolution of cases before the BOA; (b) applications for variances or administrative appeals; and processing of applications for variances and administrative appeals filed with the Development Services Department; and notification to the BOA of the filing of an application for a variance and administrative appeals. (a) (b) (c) (d) BOA Rules of Procedure – Page 1 of 16 (2) In the event of a conflict with City Code, Chapter 211 or other applicable law, the Code, Chapter 211 or other law supersedes these Rules. (3) Applicants should familiarize themselves with these Rules before filing an application or presenting a case to the BOA for decision. For more detailed information regarding Board and the rules for variances, special exceptions, and appeals, see the Board of Adjustment Community Guidebook, at: https://www.austintexas.gov/sites/default/files/files/Planning/Applicati ons_Forms/Board_of_Adjustment_Guidebook__July_2015_.pdf ARTICLE II. REQUIREMENTS FOR REQUESTING BOARD ACTION (A) Complete Application Required. All requests to the BOA shall be filed on an application form provided by the staff liaison. The staff liaison shall determine if an application is complete before accepting it for filing. (B) Timing of Submittal & Other Application Requirements. (1) Variances & Special Exceptions. (a) Except as provided in Paragraph (B)(1)(b), below, an application for a variance or special exception may be filed at any time provided that the Development Services …
Case Number: 2024-000021 BA D-10/1 6708 Bridge Hill Cove A History of Unpermitted Work and Permit Anomalies Appealed Permits: BP-2023-129658 and BP-2023-129659 August 12, 2024 Presenter: Warren Konkel ITEM05/1-PRESENTATION-APPELLANT D-10/2 Original Construction in 1989 1989 Original house and driveway completed (BP-8717316) June 29, 1989 Original survey performed by Michael McMinn. He still has his field notes. July 11, 2024 McMinn performs an IC Study based on his original survey and determines: Total IC at that time was 10,803 sqft. ITEM05/2-PRESENTATION-APPELLANT D-10/3 Pool Addition in 1990 Original swimming pool and patio finished construction in March 1990 (BP-8912843). July 11, 2024 McMinn used historical photos and documents to estimate that the pool deck added 605 sqft. Total IC is now 11,408 sqft. ITEM05/3-PRESENTATION-APPELLANT D-10/4 Annexation and Ordinances Changes Annexation (2000): ● City Ordinance: 001214-34 ● Exception for Existing IC: LDC § 25-2-532 Lake Austin Overlay District Ordinance (2014): ● Ordinance: 20140626-114 ● Effective Date: July 7, 2014 ● IC Requirement: Must comply with LDC § 25-2-551 Total IC at Time of Annexation: 11,408 sqft ITEM05/4-PRESENTATION-APPELLANT Unpermitted Expansions (2014) In October 2014, there were unpermitted expansions to the driveway, front walkway, and pool patio. According to a 2021 survey, this increased impervious coverage by 3,457 sqft. Total IC is now 14,865 IC. D-10/5 Oct 2013 Oct 2014 Aug 2015 ITEM05/5-PRESENTATION-APPELLANT D-10/6 Unauthorized Construction (2021) In March 2021, an application was submitted for addition of front porch and master closet expansion. (PR-2021-050731) This permit was not approved, yet the additions were constructed, adding an estimated 240 sqft. PR-2021-050731 Total IC is now 15,105 IC. Before After After ITEM05/6-PRESENTATION-APPELLANT Pool House and Cabana Application Errors (2023) In June 2023, an application containing numerous errors was submitted to replace the pool and back patio with a 707 sqft pool house and covered terrace. (PR-2023-069215) D-10/7 ITEM05/7-PRESENTATION-APPELLANT Wood Deck Reclassified as “Existing Conc Patio” Here are the unapproved 2021 PR and the 2023 PR side-by-side: 2021 2023 D-10/8 The 359 sqft of “Uncovered wood decks” is no longer present on the 2023 application. Instead this is represented as “Existing Conc Patio”. The McMinn survey shows that the original construction was a “wood deck” and only counts 50% towards IC. ITEM05/8-PRESENTATION-APPELLANT Unapproved Additions Not Included D-10/9 The 2023 PR does NOT include the unpermitted 2021 front additions: This addition should be considered “new construction” and included on this permit. It still has not been inspected. ITEM05/9-PRESENTATION-APPELLANT Non-Existant “Lower …
TO: FROM: Jessica Cohen, Chair Board of Adjustment Members Brent D. Lloyd Development Officer Development Services Department DATE: August 7, 2024 SUBJECT: Case No. C15-2024-0025 | 6708 Bridge Hill Cove The matter before the Board is an appeal of an administrative decision by the Development Services Department (“DSD”) to approve a building permit for residential development 6708 Bridge Hill Cove. The issues in the appeal concern the amount of impervious cover (“IC”) approved for the project in relation to applicable zoning regulations. To assist the Board in understanding the issues, this report is laid out as follows: (1) General background, including DSD’s decision approving the permit under appeal and the development history of the subject property, at pp. 1-2; (2) Procedural requirements for the appeal, at pp. 2-3; and (3) DSD’s recommended action on the appeal, at p. 3. 1. Background — Decision on Appeal On March 24, 2024, DSD approved a building permit (BP No. 2023-129658) for construction of a two-story addition and related improvements to the existing residential structure at 6708 Bridge Hill Cove. After the permit was approved, the Appellant (Mr. Warren Konkel) identified errors in the review process related to the calculation of impervious cover. In particular, Mr. Konkel correctly pointed out that some of the impervious cover shown as “existing” on the approved building plans was associated with development that had never received permits from the City. After reviewing Mr. Konkel’s concerns, DSD determined that the proposed plans submitted on behalf of the landowner, Ms. Christy May, incorrectly denoted unpermitted development as “existing” and that review staff had failed to catch the error. Consistent with LDC Sec. 25-11-66 (Errors in Permit Support Documents), DSD placed an administrative hold on the permit halting further inspections pending resolution of the impervious cover issues. ITEM05/1-STAFF REPORT While the hold remained in place, DSD reviewed the site’s development history using available plans, aerial photography, and an IC analysis provided by the applicant (see Attachment A) to determine the amount of impervious cover associated with the original construction permitted in 1987 and 1989. Based on that review, DSD determined that approximately 12,811 square feet of impervious cover was associated with the original development and that an additional 1,000 square feet is permissible based on an established policy allowing limited modifications to projects initiated before currently applicable regulations took effect.1 (See Attachment B.) On June 21, 2024, DSD lifted the administrative …
Presenter and property owner: Christi Lane My dogs, Sophie and Pickles, playing in the exact location of the latest vehicle impact. 2104 Westover Rd Austin, Texas 78703 A little about me: A native Texan, I first moved to Austin in the 90s to attend the University of Texas at Austin. I own 2 businesses. One, Reform Pilates, is a local business established in 2006. I am back at UT studying genetics with the desire to be a part of scientific research. I have lived in my home for about 15 years. I have loved watching Austin grow with the exception of the detriment to my property. I have taken this fall semester off to handle this important issue. I am asking for your help with a hardship variance for my safety and protection of my property. ITEM02/1-PRESENTATION Background: In the 1969 plans for Loop 1 (Mopac), 3 streets were considered Type E Separations for the area: Hancock Dr, W. 45th Street, and my street, Westover Rd. Other intersections were classified as redirects. ITEM02/2-PRESENTATION My home, built in 1952, is unique in that the property was bisected diagonally leaving the remaining property downhill and exposed to the direction of traffic from the southbound Westover Rd exit ramp. No other property in the area with equivalent downtown traffic has this juxtaposition. ITEM02/3-PRESENTATION 185m 183m The problem Another feature of the property is the change in altitude relative to traffic flow. The photo shows readings taken with an altimeter at selected levels of the southbound Westover Rd exit ramp. The difference in grade from the ramp to my property is 13 feet with my home being the lower altitude. . 172m ITEM02/4-PRESENTATION The problem: Hazardous airborne debris, often with the velocity of highway traffic. When I leave my house, I shut the doors to all rooms containing north (backyard) facing windows and I block access to the doggie- door. This gives me some mild reassurance that my dogs will be safe when a window breaks. I have experienced a total of 5 breaks located at the back of the house from airborne debris since I have lived in my home. I have also had punctured siding, though I consider this less threatening. I don’t use my backyard when I have an inadequate fence because I fear injury. ITEM02/5-PRESENTATION June 12, 2024 After the wreck that took the fence down on April 18, 2024, …
4812 Palisade Drive Austin, TX 78731 Board of Adjustment C15-2024-0026 Ryan Scurlock & Sarah Crawford (homeowners) ITEM03/1-PRESENTATION Plot Plan ITEM03/2-PRESENTATION Existing Conditions ITEM03/3-PRESENTATION Variance Summary: We’d like to install a pool without having to make drastic changes to the original home ITEM03/4-PRESENTATION Zoning History • Zoning on property had been incorrect for many years per city property profile ITEM03/5-PRESENTATION Existing Impervious Coverage Map • Original home is existing non-compliant with respect to LA impervious coverage %’s ITEM03/6-PRESENTATION Case Study of Recent Pool Project in Community • We researched the details of our neighbor’s pool project at 4601 Palisade Dr (permitted 2022) to understand the details of their permitting • It quickly became clear they were able to permit without variance due to their lot size being 47% larger than ours (13,325 SF vs 9,039 SF) ITEM03/7-PRESENTATION Hardship (Lot Size) • Our property is one of the smallest lots in the Cliff Over Lake Austin subdivision (9,039 SF) ITEM03/8-PRESENTATION Surrounding Structure ITEM03/9-PRESENTATION
Architectural vision : Peterson residence Presentation for Austin Board of Adjustment ITEM04/1-PRESENTATION Presentation agenda : Today, I’m excited to take you through our project in detail, we will begin by discussing the project objectives, next, we will dive into the proposed design concept. Finally, we will show how our design thoughtfully aligns with the Bouldin neighborhood. ITEM04/2-PRESENTATION Project overview Currently the house stands at 1626 sqf with a lot size of 2,265 sqf. The existing layout includes two bedrooms , 2.5 bathrooms and a cover carport but lacks a main common area. Our plan is to preserve the original design and layout of the house while embracing the unique challenges it presents. Our goal is to create an outdoor space that accommodates the needs of a growing family, while ensuring that the home’s character and charm remains intact. ITEM04/3-PRESENTATION Project objective ● Making the house suitable for a military family of three that is moving back from abroad , ensuring enough space and comfort for everyone. ● Ensuring enough outdoor space for gathering or entertainment. ● Gaining an extra covered parking. ● Add attractive design elements, combining a classic and modern styles for a beautiful appearance. ITEM04/4-PRESENTATION Deck design Our outdoor deck design concept aims to create a modern and functional space that serves as a space for family and friend gathering, as well as a connection space for greeting neighbors. ITEM04/5-PRESENTATION Deck design ITEM04/6-PRESENTATION Project variant for second story deck: Second story deck with staircase leading to downstairs size of the deck is 350 square- foot in total including stairs. Addition to extend beyond the front 15 foot front building set back. ITEM04/7-PRESENTATION Deck Variant The current residence occupies 1,626 square feet of a 2,265 square-foot lot, leaving minimal space for outdoor gatherings or events. The purpose of this construction project is to accommodate a retiring military family of three relocating from out of country who require additional outdoor space for family activities. Due to the limited lot size, we have explored various options but have not identified any viable alternatives for creating a more functional outdoor area. Our primary goal is to enhance the outdoor space to better support the homeowner's needs for family gatherings and outdoor activities. Having families outside in their yards encourages safety and togetherness of the community. ITEM04/8-PRESENTATION Today we shared our vision for the transformation of the Peterson residence. We are excited about …
6708 Bridge Hill Cove A History of Unpermitted Work and Permit Anomalies Appealed Permits: BP-2023-129658 and BP-2023-129659 Case Number: C15-2024-0025 Date: September 9, 2024 Presenter: Warren Konkel ITEM05/1-PRESENTATION-APPELLANT/UPDATED Part 1 Introduction ITEM05/2-PRESENTATION-APPELLANT/UPDATED Bridge Hill Has Four Cliff-Edge “View” Homes The long, narrow lots feature front driveways, with homes built right at the cliff’s edge overlooking a steep drop-off. This design maximizes views for each home, enhancing property values. 6706 6708 6709 6707 ITEM05/3-PRESENTATION-APPELLANT/UPDATED 6708 Plans Massive Pool House Expansion This expansion sits directly on the setback line, just 15 feet from the neighboring pool and patio, towering over 6706’s backyard. The massive structure will block views enjoyed since these homes were built in the 80s, drastically reducing property value. ITEM05/4-PRESENTATION-APPELLANT/UPDATED So Much Expansion That Cliff Infill Is Needed The expansion pushes so far beyond the natural cliff edge that an "Infill" permit is needed to create more buildable land. 2024-050005 EV ITEM05/5-PRESENTATION-APPELLANT/UPDATED Firepit and Trees Removed for New Construction This firepit and tree, along with a much larger oak, have already been removed to make way for this massive 24-foot-tall, 32-foot-long building. Previously open space is turning into a towering permanent structure. ITEM05/6-PRESENTATION-APPELLANT/UPDATED Part 2 History ITEM05/7-PRESENTATION-APPELLANT/UPDATED Original Construction 1987-1990 The original permit (BP-8717316) was issued in 1987, with the house, front walkway, and driveway completed by 1989. The swimming pool and back patio were added soon after, finishing in 1990 (BP-8912843). ITEM05/8-PRESENTATION-APPELLANT/UPDATED Survey Conducted on June 29, 1989 by Michael McMinn Michael McMinn (RPLS #4267) surveyed the property in 1989, right after the house was completed and before the pool was added. Recently, using his original survey data and field notes, he conducted an IC Study and found the initial construction created 10,803 sqft of IC. Using satellite photos and historical records, he estimated the pool added 605 sq ft, concluding that the total Original IC was 11,408 sqft. Supporting documents: ITEM05/APPEAL1 143-162 ITEM05/9-PRESENTATION-APPELLANT/UPDATED McMinn IC Study Concludes Original IC was 11,408 sqft ITEM05/10-PRESENTATION-APPELLANT/UPDATED No Changes Until New Owners in 2014 The property saw no construction or alterations for the next 24 years. On June 26, 2014, the property was sold to new owners. McMinn IC Study determining 1990 Original Construction Google Earth - 2013/10/31 ITEM05/11-PRESENTATION-APPELLANT/UPDATED Unpermitted Expansions in 2014 In October 2014, shortly after the property changed ownership, unpermitted expansions were made to the driveway, front walkway, and pool patio. Other additions included a firepit area, an outdoor …
6708 Bridge Hill CV ITEM05/1-PRESENTATION-OWNER 6708 BRIDGE HILL CV • • The Development Officer and the Building Official have both confirmed the original single family principal and accessory structures completed in 1989 with a Certificate of Occupancy were not subject to “LA” zoning requirements because the plat was initiated before annexation. The only impervious cover added by me as current owner of 6708 Bridge Hill Drive is the 290 sq. ft. front entry/master closet addition in 2022. ITEM05/2-PRESENTATION-OWNER 6708 BRIDGE HILL CV • Neither the City, nor Appellant, nor me, as owner of 6708 Bridge Hill Drive, know exactly how much impervious cover was developed at the time of the Certificate of Occupancy. Official records were not kept at that time and Appellant relies on a survey done before pool and patio construction were added and before the C of O, leading to speculation and assumptions based upon what can be seen from old aerial photography. ITEM05/3-PRESENTATION-OWNER 6708 BRIDGE HILL CV • The Building Official has made no error in interpreting the applicable zoning requirements: what was there in 1989 is in 1984 on the grandfathered (as well as what was built Appellant’s lot). The Building Official has gathered the best available information as to how much impervious cover was on the site after the Certificate of Occupancy was issued and has stated that is allowed upon completion of the remodel project. A development plan has been presented that fulfills the stated maximum allowed Impervious Cover determined by the Building Official. is the maximum amount that ITEM05/4-PRESENTATION-OWNER 6708 BRIDGE HILL CV • • As the owner I accept that I must account for improvements made by my predecessors and limit the impervious cover on my lot based on what the Building Official has determined was grandfathered in 1989. This will likely require removing some or all of the circle drive added by my predecessor. The Building Official has determined from all the available surveys and aerial photography that 12,811 sq. ft. of impervious cover was the minimum amount developed at the Certificate of it was less, but Occupancy in 1989. Appellant speculates that concedes his argument is based upon assumptions of how much decking was added after the McMinn survey was completed and before the Certificate of Occupancy was issued. the time of ITEM05/5-PRESENTATION-OWNER 6708 BRIDGE HILL CV • The Holt Carson survey of 2021 shows there was 14,860 sq. …
REGULAR MEETING of the BOARD OF ADJUSTMENT September 9, 2024 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required email for elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair)) ___Thomas Ates ___Jeffery Bowen ___Marcel Gutierrez-Garza ___Yung-ju Kim The Board of Adjustment may go into closed session to receive advice from legal counsel regarding any item on this agenda (Private consultation with legal counsel – Section 551.071 of the Texas Government Code). ___ Bianca A Medina-Leal ___ Brian Poteet ___ Margaret Shahrestani ___ Janel Venzant ___ Michael Von Ohlen ___ Suzanne Valentine (Alternate) AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Approve the minutes of the Board of Adjustment Regular meeting on August 12, 2024. On-Line Link: Draft Minutes for August 12, 2024 APPROVAL OF MINUTES 1. PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed cases: 2. C15-2024-0024 Christi Lane 2104 Westover Road On-Line Link: ITEM02 ADV PACKET PART1, PART2; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid …
From: To: Subject: Date: Ramirez, Elaine Addendum To Letter 8/11/24: Case #C15-2024-0025 Sunday, September 8, 2024 11:11:19 PM You don't often get email from witcher@mcculloughadr.com. Learn why this is important External Email - Exercise Caution This letter is intended to supplement my letter of August 11, 2024 to The Austin Board of Adjustments. I understand an issue has arisen about whether the subject home had a patio positioned around the pool. I have visited that home for 30+ years having friends (owners) living there. To the best of my memory, a patio encircled the entire pool. Respectfully submitted, F. Witcher McCullough III 6707 Bridge Hill Cove Austin, Texas 78746 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov".
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday September 9, 2024 CASE NUMBER: C15-2024-0024 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) OUT ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) RESIGNED ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: CHRISTI LANE ADDRESS: 2104 WESTOVER RD VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and (2) a solid fence is a fence other than an ornamental fence. (C) The height restrictions of this section do not apply to an ornamental fence. (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up. (E) If there is a change in grade of at least one foot measured along any run of a solid fence along a property line, then the portion of the fence where the grade change occurs may be constructed to a maximum height of seven feet. (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six-foot …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday September 9, 2024 CASE NUMBER: C15-2024-0026 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) OUT ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) RESIGNED ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Ryan Scurlock ADDRESS: 4812 PALISADE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin (LA) District Regulations) (C)(3) from setback requirements to: (a) less from 40.75 percent (maximum allowed) to 41.15 percent (requested) (b) more than 25 percent from 17.10 percent (maximum allowed) to 18.32 percent (requested), in order to construct a swimming pool in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on September 23, 1980. Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) (1) (2) prescribed in this section. (3) increase the maximum impervious cover on a slope with a gradient of 15 percent or SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. In this section: SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the shoreline that is increase the maximum impervious cover on a slope with a gradient of 15 percent and not This subsection specifies shoreline setbacks in a Lake Austin (LA) district. The shoreline setback is: 75 feet; or 25 feet, if: The lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the (B) (1) (a) (b) (i) requirement to plat; and (ii) The distance between the shoreline and the front lot line, or the property line of a legal tract, is 200 or less. (C) This subsection specifies lot width and impervious cover restrictions in a Lake Austin (LA) district. (3) For a lot included in a subdivision plat recorded before April 22, 1982, or a tract that is not required to be platted, impervious cover may not exceed: (a) 35 percent, …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday September 9, 2024 CASE NUMBER: C15-2024-0028 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) OUT ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) RESIGNED ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Haim Joseph Mahlof - Green Bay Remodeling Inc. OWNER: Wendy Jo Peterson ADDRESS: 1406 3rd ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single-Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: September 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to October 14, 2024; Vice Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO OCTOBER 14, 2024. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Interpretation Appeal 1 and Appeal 2 Decision Sheet ITEM05 DATE: September 9, 2024 CASE NUMBER: C15-2024-0025 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) OUT ___Y____Janel Venzant (D7) ___N____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) RESIGNED ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPELLANT’S AGENT: Nicholl Wade APPELLANT: Warren Konkel OWNER: Christy May ADDRESS: 6708 BRIDGE HILL CV SUMMARY OF APPEAL: Appellant challenges issuance of Building Permit 2023-12958 BP on the grounds that the City incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. BOARD’S DECISION: Aug 12, 2024 - POSTPONED TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES; September 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to deny the appeal request and uphold staff’s decision; Board member Brian Poteet second on 8-1 votes (Board member Maggie Shahrestani nay); APPEAL REQUEST DENIED AND UPHELD STAFF’S DECISION. RENOTIFICATION-SUMMARY OF APPEAL: Appellant challenges issuance of: and Building Permit 2023-129658 BP Building Permit 2023-129659BP on the grounds that the City of Austin incorrectly approved impervious cover (IC) of approximately 12,811 square feet, which exceeds IC limitations applicable within the Lake Austin (LA) zoning district. FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the objectives of the zone in question because: 3. The interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated in that: Elaine Ramirez Executive Liaison Jessica Cohen Chair Diana Ramirez for
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, September 9, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, September 9, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:45 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Janel Venzant, Michael Von Ohlen, Suzanne Valentine (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates, Yung-ju Kim, Brian Poteet, Maggie Shahrestani Board Member/Commissioners absent: Jeffery Bowen, Bianca A. Medina-Leal, Marcel Gutierrez-Garza (resigned) PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on August 12, 2024. On-Line Link: Draft Minutes for August 12, 2024 The minutes from the meeting August 12, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Board member Michael Von Ohlen second on a 9-0 vote. PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed cases: 2. C15-2024-0024 Christi Lane 2104 Westover Road On-Line Link: ITEM02 ADV PACKET PART1, PART2; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and (2) a solid fence is a fence other than an ornamental fence. (C) The height restrictions of this section do not apply to an ornamental fence. (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up. (E) If …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, July 8, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, July 8, 2024, at 6310 Wilhelmina Delco Drive in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:51 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Jeffery Bowen, Brian Poteet, Bianca A. Medina-Leal, Janel Venzant, Michael Von Ohlen, Suzanne Valentine (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Marcel Gutierrez-Garza, Yung-ju Kim Board Member/Commissioners absent: Maggie Shahrestani PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on June 10, 2024. On-Line Link: ITEM01 DRAFT MINUTES June 10, 2024 The minutes from the meeting June 10, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Board member Michaeal Von Ohlen second on a 10-0-1 vote (Board member Yung-ju Kim no vote-technical issues virtual). PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed Reconsideration cases: 2. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3, PART4; PRESENTATION The applicant is requesting the following 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 40 feet (required) to 20 feet (requested) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (east side) from 10 feet (required) to 5 feet (requested) shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or is a legal tract exempt from the requirement to plat. For the above address the Subdivision Plat was recorded on December 1, 1976 Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) …
