ITEM8/76 ITEM8/77 ITEM8/78 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: Does not meet the accessibility and visitability requirements defined in section R320.7; Fails to ensure emergency fire egress via the Restricts fi ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. accessible ground-floor exits; As you consider this variance request, please keep these measurements in mind: 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street official side-lot setbacks call - -built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43 properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street . Note that the existing sidewalk straddles over the lot line by approximately 10 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA compliant width of . Consider also the explanation in th letter: [Durham Partners used] an incorrect version of development guidelines do not allow for this type of error. Per t The Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. more than reasonable to expect a professional developer to do so. development process successfully. It is While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley ITEM8/79 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
ITEM8/115 ITEM8/116 ITEM8/117 From: To: Subject: Date: Ramirez, Elaine FW: 1401 East Third Monday, May 11, 2020 2:34:48 PM My original email to City staff questioning the construction at 1401 E 3rd. From: Sent: Wednesday, January 24, 2018 1:02 PM To: DSD Help Cc: Subject: 1401 East Third This message is from Jeff Thompson. [ bc-jeffrey.thompson@austintexas.gov ] I sit on the Planning Commission and one of the residents in my district asked me about a new house going up at 1401 E 3rd Street, 78702. It appears to have approved plans for less than the required set back, but there was never a BOA hearing or other variance. Can you please explain how they are allowed to build so close to another house and within the set back? Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. ITEM8/118 From: Subject: Date: Attachments: FW: 1401 E 3rd Street Monday, May 11, 2020 2:42:25 PM image002.png image003.png image004.png D5619B4E5E1648509A9623C8BE4D07E6.png 8FF5708083434FEA868AB1891DEEC906.png Several weeks later I’m still chasing the issue. You can see from the pictures that the development is still in early stages. The response is : inspector will notice. To be told now that the inspector didn’t raise the issue early enough is frustrating. From: Sent: Friday, March 2, 2018 4:13 PM To: Subject: Fwd: 1401 E 3rd Street Jeff Thompson Planning Commission D3 Begin forwarded message: From: "Johns, Renee" <Renee.Johns@austintexas.gov> Date: March 2, 2018 at 3:00:04 PM CST To: "Thompson, Jeffrey - …
ITEM8/155 ITEM8/156 ITEM8/157 ITEM8/158 ITEM8/159 ITEM8/160 BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0061 BOA DATE: July 11th, 2022 ADDRESS: 1401 E. 3rd St OWNER: Cortlandt Chalfant COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: reduce interior side setback from 5 ft. to 2.77 ft. SUMMARY: complete construction of a Single-Family residence ISSUES: layout error during construction ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-H-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Barrio Unido Neighborhood Assn. Bike Austin Capital Metro Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town ITEM8/161 I July 1, 2022 Nikelle Meade 111 Congress Ave Suite 1400 Austin, TX 78701 Re: C15-2022-0061 Dear Nikelle, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O 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 1401 East 3rd 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM8/162 ITEM8/163 ITEM8/164 ITEM8/165 ITEM8/166 ITEM8/167 ITEM8/168 ITEM8/169 ITEM8/170 ITEM8/171 ITEM8/172 ITEM8/173 ITEM8/174 ITEM8/175 ITEM8/176 ITEM8/177 ITEM8/178 ITEM8/179 June 24, 2022 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re. Request for Sideyard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at …
Variance Reconsideration Request 1401 E 3rd St C15-2022-0061 The Board of Adjustment December 12, 2022 Item __ Cort Chalfant (Nexus Series B, LLC, Owner) ITEM08/1--PRESENTATION Overview Seeking a reconsideration of the specific language in the motion that led to the 9-0 unanimous approval of our side yard variance request at the BOA meeting of 11/14/22. ITEM08/2--PRESENTATION You may recall… This is what we propose to demolish/replace. ITEM08/3--PRESENTATION …this is what we propose to replace it with. • Unit A: 2/2.5 • Unit B: Total: 1/1 1,650 sf 650 sf 2,300 / 4,967 sf site 2 cars parking on-site 1 car parking on-site 46.3% FAR ITEM08/4--PRESENTATION The Motion Motion by Board member Von Ohlen was to approve, which carried unanimously. However: • He asked if we would stipulate to build as presented (subject to minor alterations). I agreed. No problem. • He asked if we would stick to the 40% FAR “as provided by the Code”. I said “this is a question best answered by the architect”. The architect was an approved speaker and responded on the phone but couldn’t be heard. • Since attendees heard nothing and we didn’t know to clarify the Code, we all moved on and the motion carried. ITEM08/5--PRESENTATION The Code Subchapter F, Article 2.1 reads “MAXIMUM DEVELOPMENT PERMITTED: The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area…”. In the vast majority of cases, a developer has a lot with sufficient area such that the 40% FAR value governs. I believe Board Member Von Olen defaulted to this value in his motion rather than consciously supersede what the Code otherwise permits. In small lot cases, the 2,300 sq. ft. cap supersedes the 40% FAR value. In our case, the lot is only 4,967 sq. ft. in size. 40% of this value = 1,987 sq. ft. but under the Code we are permitted by right to build 2,300 sq. ft. ITEM08/6--PRESENTATION The Problem (Hardship Unique to the Property) The first stipulation in the approved motion requires that we build as presented (2,300 sq. ft.) The second stipulation [inadvertently?] imposes a 40% FAR cap (1,987 sq. ft.) We can’t meet both stipulations at the same time. One or the other has to give. ITEM08/7--PRESENTATION Proposed: Make a new motion identical to the …
M E M O R A N D U M TO: Mayor and Council DATE: January 14, 2022 FROM: Denise Lucas, Director, Development Services Department SUBJECT: Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council July 27, 2022 Denise Lucas, Director, Development Services Department Board of Adjustment Applicant Assistance Program - Staff Response to Resolution No. 20211014-045 On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. Staff have explored the creation of BAAP as well as a funding source. The staff focus for Board of Adjustment variance requests was narrowed to Residential Homestead Variances under a Zoning Variance or a Special Exception Variance. These are the two types of variance requests which cover the Council’s intended area of support. Based on previous variance request applications, staff anticipates 9 variance requests could be 100% financially supported each year at an approximate cost of $10,000 per year. The funding source for BAAP Fund for the financial support would come from the General Fund and would be budgeted each year. In addition, staff has identified an existing contract, managed by Austin Public Health, which will allow applicants access to pro-bono legal services. Collectively, the BAAP Fund will support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. Staff recommends creation of the BAAP Fund, which includes a recommended start date of October 1, 2022. Staff will await further direction from the City Council. If the Council adopts an action to create the BAAP Fund, staff will create the BAAP Fund program guidelines and will track program participants and outcomes for one year and report that information back to Council. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. xc: Spencer Cronk, City Manager Anne Morgan, Acting City Manager J. Rodney Gonzales, Assistant City Manager
§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. ARTICLE 3. - PROCEDURES FOR APPEALS Division 1. - Reserved.[2] Footnotes: --- (2) --- §§ 2-5-41—2-5-45. - RESERVED. Division 2. - Appeals. § 2-5-61 - GENERAL PROVISIONS FOR APPEALS. Editor's note— Ord. No. 20170518-014 >, Pt. 4, effective May 29, 2017, repealed §§ 2-5-41—2-5-45, …
11/16/22, 11:11 AM Gmail - Support Letter Ryan McElroy Wed, Nov 2, 2022 at 12:57 AM Support Letter 5 messages To: " 11/02/2022 To Whom It May Concern: My family and I own and occupy 5214 Evans Avenue, which is directly next door to 5212 Evans. We've lived here for decades. Ryan McElroy, the owner of 5212 and our longtime neighboring property owner, is seeking a variance to disaggregate his lot into 2 lots, as was originally platted in our neighborhood. He shared his plans with us and we are fully in support of his variance request. We believe that building 2 side-by-side dwellings will allow for a better neighborhood feel and increased walkability, as well as occupying less parking spaces on Evans, since the parking for his proposed project will be along the alley versus the street. Thanks, Alex and the Mondragon Family 512-536-028 This is perfect. Thanks so much Alex! > Ryan McElroy The very best, Ryan [Quoted text hidden] Ryan McElroy To: Alex Finnell https://mail.google.com/mail/u/0/?ik=8019dc46a3&view=pt&search=all&permthid=thread-f%3A1748362723711540254&simpl=msg-f%3A1748362723711540254… 1/2 , Dan Fields Wed, Nov 2, 2022 at 8:14 AM ITEM4/1-LATE BACKUP/SUPPORT North Loop Neighborhood Association Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: North Loop Support for Applicant Variance Request at 5212 Evans To the Members of the Board of Adjustments this evening, the 11th of November, 2022. My name is Brian Bedrosian and I am currently serving as the Vice President of the North Loop Neighborhood Association (NLNA), a post I have held since 2019. I am writing this letter on behalf of the NLNA to provide support in favor of the disaggregation of two platted lots that were originally combined to form the property 5212 Evans Street, allowing for the construction of (2) single family homes on the resulting small lots. We have been engaged extensively with both the owner, Ryan McElroy and his architects, RAVEL ARCHITECTURE over the last several months and have met many times with both parties. Our neighborhood is unique in how it was platted where most of our 50’ wide lots were aggregated from originally platted 25’ lots. The ability to disaggregate these properties would provide a new housing type in the neighborhood unlocking a more affordable lot size while maintaining a housing typology that will be attractive to families. We have long supported ADU’s in our neighborhood, and many neighbors have made use of that currently permitted format. The …
From: To: Subject: Date: Seth Johnson Ramirez, Elaine case number C15-2022-0088 Friday, December 09, 2022 10:09:36 AM You don't often get email from seth@kristinandseth.org. Learn why this is important *** External Email - Exercise Caution *** Case number: C15-2022-0088 Public hearing date: 12/12/22 Contact person: Elaine Ramirez My name: Seth Johnson My address: 4908 Duval Street II, Austin, TX 78751 My phone number: 512-789-0009 Comments: I oppose granting a variance to the setback ordinance for this property. 50th street is a very congested street with street parking making morning delivery of students at nearby Ridgetop Elementary school a treacherous proposition. I am concerned that increasing the density of development on 705 East 50th street will further exacerbate an already difficult situation. Adding an ADU will introduce additional vehicles to this area and reduce available on- property parking.The setback for this neighborhood has been effectively applied to the surrounding properties and no rationale has been submitted by the applicant as to why this developer should be treated to an exception to an ordinance the neighborhood has agreed upon and instituted. The applicant is not a resident of our neighborhood and is applying for this variance not to benefit our community but only because it will enable a more lucrative redevelopment in a property flip. Our family walks or bikes down 50th street twice a day to drop our oldest child off and pick him up at Ridgetop. As we also have a three-year-old who will soon attend Ridgetop, we are expecting to continue this daily ritual for the next eight years. I ask that you reject this applicant's variance request to prevent the increase of street parking that will further endanger my children during our daily commute. Thank you for considering the concerns of resident families as a counter-balance to the profit-driven interests of developers attempting to skirt the ordinances that protect our quality of life in Austin. 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. ITEM6/1-LATE BACKUP/OPPOSITION
Steering Committee Members: Adrienne Goldsberry, Chair Kate Ertle, Kevin Kimbrough, Claudette Kazzoun, Rob Kish, James Logan, Andi March, Maureen Metteauer, Oam Parkash, Shawn Shillington, Margaret Sullivan, Jim Todd, Brandon Wright November 15, 2022 RE: Case No. C15-2022-0089 Dear Ms. Cohen and BOA Members: The Old West Austin Neighborhood Association (OWANA) supports the variance from the rear and side compatibility setback requirements requested for the proposed renovation/addition located at the corner of 1202 W. 9th St. & 901 Shelley Ave. With feedback from the Architectural Review Committee (ARC), the architect Hugh Randolph and his team worked out an approved design that was passed on consent at the Historic Landmark Commission (HLC). At the last ARC review one of the Commissioners commented that the revised design was well-thought-out and an intriguing solution to the existing site constraints. The HLC approval did come with the condition that notes are added to the plans that the carriage house is moved under structural engineer supervision, via lifting and rotating the structure, noted that if there is significant deterioration found resulting in the need for deviance from the approved plans, that the case return to the Historic Landmark Commission for approval. We support these conditions as well. deconstruction and rebuild. And, the HLC also not th The site is on a lot that fronts three streets (Shelley Ave, 9 project would be located within the zoning setback perimeter, and the variance would allow for the preservation of an older structure that is being incorporated into a new design on the site. The variance responds to conditions unique to this site, and would not set a precedent. For these reasons, OWANA Zoning and Steering Committees have voted to support the requested variance from the rear and side yard setback requirements. Please note that the current location of the carriage house does not comply with the rear setback. St, and Blanco). Also, the In addition, the most affected neighbors on Shelley Ave to the north and west also are in support of the requested variance. Thank you, and please contact me if you have any questions. Sincerely, Adrienne Goldsberry Chair, OWANA Steering Committee ITEM7/1-LATE BACKUP/SUPPORT M Rubin Ramirez, Elaine From: To: Cc: Subject: Date: Fwd: Letters of Support for the addition at 9th and Shelley Wednesday, November 16, 2022 10:56:41 AM You don't often get email from therubinfamily@gmail.com. Learn why this is important *** External Email - Exercise …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, October 10, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 10, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:39 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Thomas Ates, Agustina Rodriguez, Richard Smith, Nicholl Wade PUBLIC COMMUNICATION: GENERAL None PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on September 12, 2022. On-Line Link: Draft minutes September 12, 2022 Board Member Brooke Bailey motions to approve the minutes for September 12, 2022, Board member Melissa Hawthorne seconds on a 8-0-1 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR SEPTEMBER 12, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement for Items 9 and 11 to November 14, 2022. Madam Chair Jessica Cohen motions to approve the postponement requests for Items 9 and 11 to November 14, 2022, Board member Michael Von Ohlen second on 9-0 vote, ITEMS 9 AND 11 POSTPONED TO NOVEMBER 14, 2022 Previous postponement Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0060 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Darryl Pruett ____-___Agustina Rodriguez OUT ____-___Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line (C) (1) (a) from height limitations to increase the height limit from two (2) stories b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more ITEM10/1 restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 2022 BY APPLICANT; Sept 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with condition that it’s tied to site plan Item 8/3 as shown in the advance packet; Board member Melissa Hawthorne second on 8-3 vote (Board members Barbara Mcarthur, Darryl Pruett, Richard Smith nay); Motion fails; DENIED. RECONSIDERATION REQUEST: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations …
ITEM10/77 From: To: Subject: Date: Attachments: Absolute Stornlok Ramirez, Elaine Re: Question about Case Number C15-2022-0060 Thursday, July 07, 2022 4:05:03 PM image001.png *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 7 feet from the eastern property line, and 13 feet from the southern one. I fell that the requested distances are too close to the property border for building, especially the one requesting only 7 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, On Thursday, July 7, 2022 at 03:25:22 PM CDT, Ramirez, Elaine <elaine.ramirez@austintexas.gov> wrote: Kevin Chrane (512) 694-2046 Yes! Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 ITEM10/78 From: To: Subject: Date: Ruth Lauer Ramirez, Elaine Written comments C15-2022-0060 for Board of Adjustment meeting Friday, July 08, 2022 3:26:53 PM *** External Email - Exercise Caution *** Ms. Ramirez, Does the Board of Adjustment accept emailed objections? If so, here’s mine. Thanks. Case Number C15-2022-0060. 1609 Matthews Lane, 78745 BoA July 11, 2022 Name. Ruth Lauer Addresses affected. 7309 Forest Wood Rd, 1504A and B Matthews Lane, 78745 Signature Ruth Lauer Date 7/8/22 Daytime telephone 512-228-8523 Comments: I object to the variance requested for 1609 Matthews Lane (C15-20200-00060). Remember as a kid asking for something from your parents but trying to ask them separately? I think CMBH2 is doing that. They didn’t get what they wanted from the ZAP so now they are asking the Board of Adjustment. This property was purchased in March 2021 by CMCBH2 Company LLC. Their initial zoning change request (C14-2021-0056) was opposed by the Matthews Lane Neighborhood Association (MLNA). With the assistance of Ann Kitchen’s office the MF-3 (and 14 homes) request was reduced …
BOA Monthly Report July 2022-June 2023 October 10, 2022 5 3 Granted 1. 25-2-1063 (Height Limitations and Setbacks for Large Sites)- 1.For triggering property at 608 Baylor St: a)(B) (1) from setback requirements to decrease the setback and b)(C) (1) (a) from height limitations to increase the height limit and c)(C) (2) (a) from height limitations to increase the height and d)(C) (3) (a) to increase allowed height -2.For triggering property at 611 Blanco St a)(C) (2) (a) from height limitations to increase the height limit and b)(C) (3) to increase the height -3.For triggering property at 612 Blanco St (C) (3) to increase allowed height 2. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) from: (A) (2) to extend the dock length 3. 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback Postponed 1. 25-10-123 (Expressway Corridor Sign District Regulations): a)(B) (2) (b) (i) to exceed sign area and b) (B) (3) (a) to exceed sign height 2. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 3. 25-2-774 (Two-Family Residential Use) for a Two-Family Residential a) (C) (5) (a) to increase the total square footage of a Secondary Dwelling unit and b) (C) (5) (b) to increase the second floor square footage 4. 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback and b) (C) (1) (a) from height limitations to increase the height limit 5. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback Denied 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback Withdrawn 0 Discussion Items Oct 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Vacant position Thomas Ates, Agustina Rodriguez, Richard Smith and Nicholl Wade (Added OCT10# 2022) 13 19 2 1 16 5 1 September 12, 2022 4 1 2 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback Postponed 1. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 2. Section 25-2-5 …
M E M O R A N D U M TO: Mayor and Council DATE: January 14, 2022 FROM: Denise Lucas, Director, Development Services Department SUBJECT: Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council July 27, 2022 Denise Lucas, Director, Development Services Department Board of Adjustment Applicant Assistance Program - Staff Response to Resolution No. 20211014-045 On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. Staff have explored the creation of BAAP as well as a funding source. The staff focus for Board of Adjustment variance requests was narrowed to Residential Homestead Variances under a Zoning Variance or a Special Exception Variance. These are the two types of variance requests which cover the Council’s intended area of support. Based on previous variance request applications, staff anticipates 9 variance requests could be 100% financially supported each year at an approximate cost of $10,000 per year. The funding source for BAAP Fund for the financial support would come from the General Fund and would be budgeted each year. In addition, staff has identified an existing contract, managed by Austin Public Health, which will allow applicants access to pro-bono legal services. Collectively, the BAAP Fund will support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. Staff recommends creation of the BAAP Fund, which includes a recommended start date of October 1, 2022. Staff will await further direction from the City Council. If the Council adopts an action to create the BAAP Fund, staff will create the BAAP Fund program guidelines and will track program participants and outcomes for one year and report that information back to Council. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. xc: Spencer Cronk, City Manager Anne Morgan, Acting City Manager J. Rodney Gonzales, Assistant City Manager
