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 …
New Garage Proposal This is for 921 E. 52nd Street, Austin, Texas 78751. ITEM03/1-PRESENTATION New Garage Proposal This is for 921 E. 52nd Street, Austin, Texas 78751. This house was originally built in 1912. ITEM03/2-PRESENTATION Survey with three 100-year-old Pecan trees ITEM03/3-PRESENTATION Survey with Proposal ITEM03/4-PRESENTATION New Layout with Trees Here is the proposed new garage construction with critical roots zone. Now, we can see how the new building will fit within the existing trees. That’s why we are requesting the variances to maximize what we can build in our limited available land. ITEM03/5-PRESENTATION Zoned Alley ITEM03/6-PRESENTATION ITEM03/7-PRESENTATION ITEM03/8-PRESENTATION ITEM03/9-PRESENTATION Please grant our variances. ITEM03/10-PRESENTATION
2913 Westlake Cove - - - - - - - REDUCE 10’ SSB’S TO 5’ ON BOTH PL’S TO MAINTAIN EXISTING FOOTPRINT PARTIALLY REDUCE 75’ SHORELINE TO 50’ TO MAINTAIN EXISTING FOOTPRINT - ALLOW 47.5% IC REDUCED FROM 54% IC SUBSTANDARD SIZED LOT @ ~31,000 SF WITH LESS 100’ ROAD WIDTH. NONE OF PARCELS IN LAGO VILLA SUBDIVISION SHOULD HAVE BEEN ZONED ”LA”. MULTIPLE COA PERMITS ISSUED IN ERROR CAUSING SHORELINE ENCROACHMENT & IC NON-COMPLIANCE VARIANCES NEEDED TO BRING PROPERTY INTO COMPLIANCE AS IT CURRENTLY SITS REDEVELOPMENT PROPOSES LOWER IC, REASONABLE USE OF PROPERTY, NO ADVERSE IMPACT, AND UNCLOUDS PROPERTY TITLE FROM NUMEROUS COA ERRORS. ITEM04/1-PRESENTATION Lago Villa subdivision ITEM04/2-PRESENTATION ITEM04/3-PRESENTATION Rear portion encroaching into 75’ shoreline ITEM04/4-PRESENTATION ITEM04/5-PRESENTATION ITEM04/6-PRESENTATION 54% IC per series of erroneous COA permit approvals 5’ side setbacks allowed per LDC upon original construction in 2008 Rear portion of house Encroaches into shoreline setback ITEM04/7-PRESENTATION ITEM04/8-PRESENTATION Substandard lot size @ ~31k SF Less than 100’ frontage Not compliant with LA zoning LA regs allow only 50% of tract to be realistically built (white area) but area is limited to 35% IC of that 0-15% slope area, or about 6,000 SF IC allowed on 31,000 SF tract. ITEM04/9-PRESENTATION Paver driveway proposed to be replaced with ribbon strips to reduce IC This DW area to remain since COA prohibits curved ribbons ITEM04/10-PRESENTATION ~30-40 SF new IC proposed for courtyard area to accommodate proposed 2nd story above existing improvements ITEM04/11-PRESENTATION 5’ setback along north PL looking towards rear of lot. No adverse impact to neighbor. View from water looking at rear façade (encroaching portion) and view of side PL near lake ITEM04/12-PRESENTATION View from shoreline towards rear façade and pool layout approved by COA permits 2008 – 2012, creating current non-compliance issues ITEM04/13-PRESENTATION Portion encroaching into 75’ setback ITEM04/14-PRESENTATION Southern 5’ PL SB from rear towards front yard. No adverse impact to neighbor. ITEM04/15-PRESENTATION Legal lot Determination issued by COA dating lot’s configuration to March 18, 1982. This date is ~13 days shy of the April 1, 1982 date cited in LDC 25-2-551 to allow 25’ shoreline setbacks. Thus, 75’ shoreline setback applies to this tract. ITEM04/16-PRESENTATION AustinTexas.Gov - the easy way to navigate your city AustinTexas.Gov - the easy way to navigate your city AustinTexas.Gov - the easy way to navigate your city Permit history from 2006 demo – 2017 kitchen remodel. All issued C of O’s by …
June 28, 2024 Ian Wilson 2215 Canterbury St Austin TX, 78702 Re: C15-2024-0020 Property Description: LOT 1 BLK A OLT 51 DIV O BENSONS SUBD Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 at 2215 Canterbury Street. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Support Services | Austin Energy 4815 Mueller Blvd, 2nd Floor Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com
C15-2024-0020 2215 Canterbury Chantal Strasburger and Ian Wilson, the homeowners ITEM06/1-PRESENTATION NOTICE OF PUBLIC HEARING LAND DEVELOPMENT CODE VARIANCE Este aviso es para informarle que hemos recibido una solicitud para una varianza dentro de una distancia de 500 pies de su propiedad. Si usted desea recibir información en español, por favor llame al (512) 974-2193. Mailing Date: June 27th, 2024 Case Number: C15-2024-0020 Please be advised that the City of Austin has received an application for a variance from the Land Development Code. Applicant: Owner: Address: Same as Owner Ian Sherif Wilson and Chantal Strasburger 2215 CANTERBURY ST; LOT 1 BLK A OLT 51 DIV O BENSONS SUBD Variance Request(s): 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 20 feet (requested) decrease the minimum interior side yard setback from 5 feet (required) to 0 feet (requested) and decrease the minimum street side yard setback from 15 feet (required) to 8 feet (requested), in order to maintain a Single-Family residence in a “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Holly Neighborhood Plan). In summary: We’re asking to match the setbacks of the existing house. This application is scheduled to be heard by the Board of Adjustment Board on Monday, July 8th, 2024. The meeting will be held Hybrid, in-person at Planning Development Center / 6310 Wilhelmina Delco Dr / Events Center - 1st Floor / Room 1405 C, beginning at 2 5:30 PM. Some Board Members of the Board of Adjustment may be participating by videoconference, beginning at 5:30 PM. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live To find out how to participate in the meeting in-person or virtually, please view information below, contact the Case Manager listed below by e-mail or go to the following website: Board of Adjustment: http://www.austintexas.gov/department/boards-and-commissions You can find out more information on this application by inserting the case number at the following website: https://abc.austintexas.gov/web/permit/public-search-other. *To see where on the agenda/when this item will be heard, on the Friday prior to the hearing go to the Board’s website (start at www.austintexas.gov, then click on government, click on Boards and Commissions, then highlight Board of Adjustment and click on view website, click on Agendas and find this hearing agenda/case order there. The Board will vote on postponement and withdraw requests at …
June 28, 2024 Miki Agrawal 1607 Kenwood Ave Austin TX, 78704 Property Description: N55.5FT OF LOT 22 BLK 43 TRAVIS HEIGHTS & ADJ 7.5FT ALLEY Re: C15-2024-0023 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 and 25-2-963(F)(2) at 1607 Kenwood Avenue. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Support Services | Austin Energy 4815 Mueller Blvd, 2nd Floor Austin, TX 78723 (512) 972-8488 Rosemary.avila@austinenergy.com
1607 Kenwood Ave Board of Adjustment Case No. C15-2024-0023 July 8th, 2024 Miki Agrawal 1 ITEM07/1-PRESENTATION Variances Modification and Maintenance of Noncomplying Structures (LDC 25-2-963(C)) Decrease the 10-foot rear setback to 5.7 feet Modification and Maintenance of Noncomplying Structures (LDC 25-2-963(F)(2)) Increase the additional front wall measurement from 50% of the existing front wall to 58.2% Increase the additional sidewall measurement from 50% of the existing side wall to 95.4% Site Development Regulations (LDC 25-2-492) Increase building coverage from the required 40% of the lot to 50.77% Increase impervious coverage from the required 45% of the lot to 60.37% 2 ITEM07/2-PRESENTATION Before After 3 ITEM07/3-PRESENTATION 4 ITEM07/4-PRESENTATION Differences between survey, and property profile report + online property tool. Small structure isn’t included when it is on the lot. 5 ITEM07/5-PRESENTATION Zoning Case C14-05-0139 Greater South River City Combined Neighborhood Plan - South River City Neighborhood ● Property Profile Report shows that 1607 Kenwood was rezoned under this case, however 1607 Kenwood is not mentioned in the documents 6 ITEM07/6-PRESENTATION Zoning Case C14-05-0139 Ordinance No. 20050929-Z003 Tract 1-3 were not listed on the ordinance 1607 Kenwood is not in this list, it was subdivided illegally 7 ITEM07/7-PRESENTATION 1607 Kenwood Ave Deed - 1978 8 ITEM07/8-PRESENTATION 1607 Kenwood Ave Deed - 1978 9 ITEM07/9-PRESENTATION Small Lot Amnesty ● Lot is 3150 square feet. This lot would qualify for Small Lot Amnesty, but because it was subdivided illegally it does not qualify. We are bearing the punishment of a decision that was made in 1978. ● The lot is already undesirable because it is so small. It would very likely sit vacant in this neighborhood and deteriorate if I didn’t put work into it, as many other small lots in Austin do. ● I want to build a house that is livable on an already small lot as well as keep the aesthetics and style of the Kenwood neighborhood by not demolishing and building something new. 10 ITEM07/10-PRESENTATION Small Lot Amnesty “Many legally subdivided lots in older parts of the city that do not meet current standards or do not qualify as substandard lots are sitting vacant or the homes on those lots are deteriorating because major improvements are not allowed.” 11 ITEM07/11-PRESENTATION A Fresh Start ● We are trying to do everything above board, but there have been so many mixups over the last two years with lot lines ● Had a …
REGULAR MEETING of the BOARD OF ADJUSTMENT July 8, 2024 AT 5:30PM 6310 Wilhelmina Delco Dr-Event Center, 1st floor – Room 1405 C 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 for email 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 ___ Bianca A Medina-Leal ___ Brian Poteet ___ Margaret Shahrestani ___ Janel Venzant ___ Michael Von Ohlen ___ Suzanne Valentine (Alternate) 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). CALL TO ORDER AGENDA 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. 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 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) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House in a …
Brigh Alim Corporation December 19, 2023 Page 1 of 6 December 19, 2023 VIA EMAIL ONLY Brigh Alim Corporation 17 Garden st, apt 3R Brooklyn, NY, 11206 Attn: Anuar Yelemessov Dear Mr. Yelemessov, Re: CEASE AND DESIST FROM DECEPTIVE TRADE PRACTICES We are counsel to Miki Agrawal (“Ms. Agrawal”) and we are writing to demand your immediate cooperation to resolve the matter described below before we take further steps and prosecute a legal action against you. We have become aware of your deceptive trade practices and blatant misconduct in relation to the renovations (“Renovation”) of Ms. Agrawal’s property located at [*] (the “Property”). Ms. Agrawal hired you to complete the Renovation on the false promise that you would (i) supervise the project and your workers, (ii) communicate effectively and respond promptly, (iii) complete all of the items listed on Exhibit A in the Renovation, which still remain incomplete, and (iv) use the Two Hundred Thirty-Nine Thousand Five Hundred Dollars ($239,500), advanced by Ms. Agrawal in good faith (“Funds”), to purchase materials and supplies for the Renovation. Instead, you disappeared for months and evaded Ms. Agrawal, allowed unsupervised workers to facilitate and lead the Renovation, and misappropriated the Funds to commence a larger construction project, while failing to purchase the materials and supplies as promised to Ms. Agrawal. ACCORDINGLY, WE HEREBY DEMAND YOU IMMEDIATELY CEASE AND DESIST FROM COMPLETING ANY FURTHER WORK TOWARD THE RENOVATION AND REFUND THE FUNDS THAT HAVE NOT BEEN UTILIZED AS PART OF THE RENOVATION. Further, Texas’ Deceptive Trade Practices Act (“DTPA”) outlines several elements that are necessary to prove when asserting a DTPA claim. The elements of a DTPA claim are (1) the plaintiff was a consumer1; (2) the defendant either engaged in false, misleading, or deceptive acts (i.e., violated a specific laundry-list provision of the DTPA) or engaged in an unconscionable action or course of action; and (3) the DTPA laundry-list violation or unconscionable action was a producing cause of the plaintiff's injury. Hunt v. City of Diboll, 574 S.W.3d 406, 431 (Tex. App. 2017); Amstadt v. U.S. Brass Corp., 919 S.W.2d 644, 649 (Tex. 1996); see Doe v. Boys Clubs of Greater Dallas, Inc., 907 S.W.2d 472, 478 (Tex. 1995). A “false, misleading, or deceptive acts”2 means an act or series of acts which has the capacity or tendency to deceive 1 “Consumer” means an individual, partnership, corporation, this state, or a subdivision or …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 RECONSIDERATION REQUEST DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0015 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___-____Yung-ju Kim (D4) ABSTAINED ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___-____Margaret Shahrestani (D8) OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: David Chace OWNER: Chris and Shannon Renner ADDRESS: 1306 ROCKCLIFF RD VARIANCE REQUESTED: 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) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) 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) In this section: (1) SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. (2) SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the shoreline that is prescribed in this section. (3) SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. (B) This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1) The shoreline setback is: (a) 75 feet; or (b) 25 feet, if: (i) the lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the 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 feet or less. BOARD’S DECISION: BOA MEETING MAY 13, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0018 ____Y___Thomas Ates (D1) ____Y___Bianca A Medina-Leal (D2) ____Y___Jessica Cohen (D3) ____Y___Yung-ju Kim (D4) ____Y___Melissa Hawthorne (D5) ____Y___Jeffery Bowen (D6) ____Y___Janel Venzant (D7) ____-___Margaret Shahrestani (D8) OUT ____Y___Brian Poteet (D9) ____Y___Michael Von Ohlen (D10) ____Y___Marcel Gutierrez-Garza (M) ____-___VACANT (Alternate) (M) ____Y___Suzanne Valentine (Alternate) (M) ____-___VACANT (Alternate) (M) OWNER/APPLICANT: Walter Olden ADDRESS: 921 52ND ST (requested) (requested), VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to: decrease the minimum street side yard setback from 15 feet (required) to 0 feet decrease the minimum rear yard setback from 10 feet (required) to 0 feet in order to complete a remodel and addition of 2nd FL residence to an existing detached garage in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: JUNE 10, 2024 Chair Jessica Cohen’s motion to postpone to July 8, 2024 (due to not having enough board members for voting purposes), Board member Suzanne Valentine second on 8-0 votes; POSTPONED TO JULY 8, 2024, at PDC, 6310 Wilhelmina Delco Drive, Event Center, 1st floor. July 8, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve with a friendly amendment that the exterior garage remodel be completed with fire resistant product (a.k.a hardi-board); Board member Jeffery Bowen second on 11-0 votes; GRANTED WITH A FRIENDLY AMENDMENT THAT THE EXTERIOR GARAGE REMODEL BE COMPLETED WITH FIRE RESISTANT PRODUCT (a.k.a hardi-board). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: lot has 3 heritage Pecan trees that are each over 100 year old, the tree diameters are 28”, 32” and 32”, therefore the critical root zones make any expansion very limited, would like to retain the existing non-complying garages as part of the building footprint. 2. (a) The hardship for which the variance is requested is unique to the property in that: the space available to construct the proposed garage apartment is very limited because of the critical root zones of three existing Pecan trees. (b) The hardship is not general to the area in which the property is located because: this property is a corner lot with non-complying garage location that was built in the 1950’s and limited area …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0019 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___-____Margaret Shahrestani (D8) OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: David Chace OWNER: Michael and Caroline Hinson ADDRESS: 2913 WESTLAKE CV VARIANCE REQUESTED: 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 two minimum interior side yards setback from 10 feet (required) to 5 feet (requested). Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (a) from shoreline setback requirements to decrease from 75 feet (required) to 50 feet (requested) for the portion within 40 feet of the north side property line. Section 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (maximum allowed) to 47.5 percent (requested), (54% existing) in order to complete a remodel and addition to an existing 2 story single-family residence in a “LA”, Lake Austin zoning district. Note: This subsection of the Land Development Code applies to a lot included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted, and that is located in an LA district. For the above address the LSD tract was acknowledged by COA per attached document as approved legal tract in March 2008 by COA DAC staff via C8I-2008-0096. The separate instrument #2004165487 for lot 14 Lago Valla Addition Subdivision deed was recorded in August 2004 but existed in current configuration March 1982 per Volume 8027, page 352 T.C.P.R then received utility service May 1984. 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 Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) (1) (2) shoreline that is prescribed in this section. (3) setback. SHORELINE SETBACK AREA means an area between the shoreline and the shoreline (B) This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1) The shoreline setback is: (a) 75 feet; …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0022 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___-____Margaret Shahrestani (D8) OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Gerardo Maximiliano Martinez ADDRESS: 1012 VARGAS RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from lot width requirements to decrease the front lot width from 50 feet (required) to 44 feet (requested), in order to subdivide one lot into two separate lots in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Montopolis Neighborhood Plan). BOARD’S DECISION: JUNE 10, 2024 Chair Jessica Cohen’s motion to postpone to July 8, 2024 (due to not having enough board members for voting purposes), Board member Suzanne Valentine second on 8-0 votes; POSTPONED TO JULY 8, 2024, at PDC, 6310 Wilhelmina Delco Drive, Event Center, 1st floor. July 8, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the existing SF-3 lot has 12,470 sq ft of land area, there is enough land area to create 2 SF-3 lots above 5.750 sqft to provide more housing in the neighborhood 2. (a) The hardship for which the variance is requested is unique to the property in that: the subject property was sized to be a corner lot however COA does not have plans, a flag lot is not feasible on this lot because the flag portion of the subdivision does count towards the total lot area and there is not enough area to complete two standard SF-3 lots. (b) The hardship is not general to the area in which the property is located because: the subject tract is configured in such a way that it is large enough for two standard SF-3 lots but not wide enough to provide the required 50’ of frontage. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item06 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0020 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___-____Margaret Shahrestani (D8) OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Ian Wilson ADDRESS: 2215 CANTERBURY ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2- 492 (Site Development Regulations) from setback requirements to: decrease the minimum front yard setback from 25 feet (required) to 20 feet (requested) feet (requested) and feet (requested), decrease the minimum interior side yard setback from 5 feet (required) to 0 decrease the minimum street side yard setback from 15 feet (required) to 8 in order to complete a remodel/addition and maintain a Single-Family residence in a “SF- 3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: it prevents the maintenance and improvements required to preserve the original character of the 100 +year old structure 2. (a) The hardship for which the variance is requested is unique to the property in that: age and siting of the structure (original portion built in 1918 before city code, now in the setbacks), lot configuration (corner, 48.5’ width), topography (elevation change down Mildred towards Town Lake), heritage trees (on our lot and neighbors lot). (b) The hardship is not general to the area in which the property is located because: only applies to historic homes, placed before zoning. 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: the variance will memorialize the existing conditions of the property which have not impaired the use of any adjacent property for decades. Elaine Ramirez Executive Liaison Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item07 DATE: Monday July 8, 2024 CASE NUMBER: C15-2024-0023 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___-____Yung-ju Kim (D4) ABSTAINED ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___-____Margaret Shahrestani (D8) OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Miki Agrawal ADDRESS: 1607 KENWOOD AVE 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 5.7 feet (requested) Section 25-2-492 (Site Development Regulations) from building coverage requirements to increase from 40 percent (maximum allowed) to 50.77 percent (1,599.40 sq. ft.)(requested) Section 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase from 45 percent (maximum allowed) to 60.37 percent (1,901.90 sq.ft.) (requested) Section 25-2-963 (Modification and Maintenance of Non-complying Structures) (F) (2) to increase the additional length of the front wall from 31’-2” (50% of this is 15’-7”) to 18’- 1 ½” (requested) Section 25-2-963 (Modification and Maintenance of Non-complying Structures) (F) (2) to increase the additional length of the side wall from 16’-1 ¾” (50% of this is 8’-1”) to 15’- 4 ¾” (requested) in order to complete a remodel/addition to an existing Single-Family residence in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (South River City Neighborhood Plan). Land Development Code Section 25-2-963 Modification and Maintenance of NonComplying Structures. (A) Except as provided in Subsections (B), (C), and (D) of this section, a person may modify or maintain a noncomplying structure. (B) The following requirements must be met in order to modify, maintain, or alter a non-complying residential structure: (1) Demolition or removal of walls must comply with the following requirements: (a) No more than fifty percent of exterior walls and supporting structural elements of the existing structure may be demolished or removed, including load bearing masonry walls, and in wood construction, studs, sole plate, and top plate. For purposes of this subsection, exterior walls and supporting structural elements are measured in linear feet and do not include the roof of the structure or interior or exterior finishes. (b) Replacement or repair of structural elements, including framing, is permitted if required by the building official to meet minimum health and safety requirements. (2) Replacement or …
