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 a non-compliance isn't 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 …
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, a …
REGULAR MEETING of the BOARD OF ADJUSTMENT August 12, 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 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 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 July 8, 2024. On-Line Link: Draft Minutes for July 8, 2024 APPROVAL OF MINUTES 1. PUBLIC HEARINGS Discussion and action on the following cases. New Variance case: 2. C15-2024-0024 Christi Lane 2104 Westover Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3; 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 …
PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: Leitch, Steve <Steve.Leitch@austintexas.gov> Sent: Monday, August 12, 2024 12:42 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: c15-2024-0025 Good afternoon, Mrs. Ramirez, I would like to ask for a postponement of this case. In recognition of the fact that a second appeal has been filed, which will not be heard until next month’s Board of Adjustment meeting, I believe that it would be most efficient to hear both appeals simultaneously at the September meeting. Thank you for your consideration and please do not hesitate to reach out if you have any questions. Steve Leitch Division Manager, Expedited Plan Review City of Austin Development Services Department 6310 Wilhelmina Delco Rd., Austin, TX 78752 Office: 512-978-1676 ITEM03/1-LATE BACKUP Schedule a virtual or in-person appointment for your development and permitting questions. Please contact my direct supervisor with any kudos or concerns at Brenda.DeLaGarza@austintexas.gov. PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s ITEM03/2-LATE BACKUP
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. Staff Report re: 6708 Bridge Hill Cove BOA Appeal | Page – 1 ITEM03/1-LATE BACKUP 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday August 12, 2024 CASE NUMBER: C15-2024-0024 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______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 fence and gain …
CITY OF AUSTIN Board of Adjustment Interpretation Appeal Decision Sheet ITEM03 DATE: August 12, 2024 CASE NUMBER: C15-2024-0025 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______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: POSTPONED TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES 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 for
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, August 12, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 12, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:36 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Jeffery Bowen, Bianca A. Medina-Leal, Maggie Shahrestani Board Member/Commissioners absent: Brian Poteet, Marcel Gutierrez-Garza, Yung-ju Kim, Janel Venzant, Michael Von Ohlen 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 July 8, 2024. On-Line Link: Draft Minutes for July 8, 2024 The minutes from the meeting July 8, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Chair Jessica Cohen second on a 6-0 vote. PUBLIC HEARINGS Discussion and action on the following cases. Madam Chair Jessica Cohen motion to postpone cases Item02 and Item03 to September 9, 2024, due to not having enough board members for voting purposes; Vice-chair Melissa Hawthorne second on 6-0 votes; POSTPONED CASES FOR ITEM02 AND ITEM03 TO September 9, 2024, DUE TO NOT HAVING ENOUGH BOARD MEMBERS FOR VOTING PURPOSES. New Variance case: 2. C15-2024-0024 Christi Lane 2104 Westover Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3; 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 …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, June 10, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, June 10, 2024, at 6310 Wilhelmina Delco Drive in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:54 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair Board Members/Commissioners in Attendance Remotely: Thomas Ates, Jeffery Bowen, Brian Poteet, Yung-ju Kim, Marcel Gutierrez-Garza, Michael Von Ohlen, Suzanne Valentine (Alternate) Board Member/Commissioners absent: Melissa Hawthorne-Vice Chair, Maggie Shahrestani, Bianca A. Medina-Leal, Janel Venzant 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 May 13, 2024. On-Line Link: DRAFT MINUTES May 13, 2024 The minutes from the meeting May 13, 2024, were approved on Board member’s Marcel Gutierrez-Garza motion, Board member Brian Poteet second on a 7-0-1 vote (Board member Michael Von Ohlen abstained). PUBLIC HEARINGS Discussion and action on the following cases. Due to not having enough board members for voting purposes, all cases: Item 2, Item 3, Item 4, Item 5 are postponed to July 8, 2024, at PDC, 6310 Wilhelmina Delco Drive, Event Center, 1st floor. 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 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0015 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____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) ITEM02/1 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 …
ITEM02/1 PROPOSED INUNDATED AREA 2,206 SF +/- PROPOSED SHORELINE SETBACK AREA 3,943 SF +/- PROPOSED NET BUILDING AREA 9,375 SF +/- PROPOSED ZONING SETBACKS AREA 6,334 SF +/- 1 1 3 3 6 6 . . 1 1 8 8 ' ' 10' S I D E S E T B A C K 492.8' WOOD BULKHEAD S H O R E L I N E S E T B A C K 2 5 ' 173.8' 173.8' LAKE AUSTIN WOOD DECK STONE PATIO 4 9 2 . 8 ' R E T W A L L SHIN OAK 23" 1,662 SF MAPLE 32" 3,217 SF SHIN OAK 16" 2 . 8 ' 9 4 CONCEPTUAL/ PROPOSED 5,500 SF +/- HVAC (2 STORIES) EXISTING (SOLID) PROPOSED (DASHED) 1 1 1 1 5 5 0 0 . . 1 1 ' ' ELM 18" 10' S I D E S E T B A C K 7 6 ' F R O N T S E T B A C K 4 4 0 0 ' ' 2 0 ' 9 7 . 3 9 ' R E D U C E D F R O N T S E T B A C K 2 0 ' MAGNOLIA 30" 2,828 SF S E P T I C = 3 0 0 0 S F E D GE O F CO NCR E T E RO CK C L I FF D R I V E PROPOSED SCALE: 1/8" = 1'-0" 0' 5' 10' 20' 40' LEGEND WATER SHORELINE SETBACK PROPERTY LINE SETBACK BUILDABLE AREA CRZ AND SEPTIC 21,858 2,206 6,184 13,468 4,714 21,858 2,206 6,184 7,761 5,707 26% 21,858 2,206 3,943 15,709 5,498 21,858 2,206 3,943 6,334 9,375 43% 0 0 (2,241) 2,241 784 0 0 (2,241) (1,427) 3,668 E D G E O F A S P H A L T TOTAL LOT less Inundated less shoreline setback NET SITE AREA (NSA) IC Allowed = 35% (all land is within 0-15% slope and is alloted 35% max IC) BUILDABLE AREA (SF) N SUMMER / WINTER SUN ANGLES TOTAL LOT less Inundated less shoreline setback less zoning setbacks BUILDABLE AREA As % of Lot 1 7 6 . 2 1 ' IMPERVIOUS COVER (SF) EXISTING PROPOSED CHANGE NOT FOR CONSTRUCTION F F I L C K C O R 6 0 3 1 6 4 7 8 7 X T …
ITEM02/1 From: To: Cc: Subject: Date: david Cancialosi Ramirez, Elaine; Ramirez, Diana Fwd: Memo to Board of Adjustments Monday, May 13, 2024 3:23:26 PM You don't often get email from dcc4681@icloud.com. Learn why this is important External Email - Exercise Caution Attached below is a quick note from my client who cannot make tonight’s BOA meeting in person. Elaine, Diana, Please pass along to BOA. Regards, David Chace Texas Excavation Solutions @texas_excavation_solutions_llc Communications sent via this device are CONFIDENTIAL and shall not be shared unless authorized by sender. Sent from a mobile device. There will be typos despite my attempt to adhere to proper formatting and grammar. Thank you. Begin forwarded message: From: Date: May 13, 2024 at 3:19:50 PM CDT To: david Cancialosi Subject: Memo to Board of Adjustments David, Please pass along my apologies, along with this letter to the Board of Adjustments. Thanks so much, ~ Chris ITEM02/2 Dear Members of the Board of Adjustments, My name is Chris Renner. My wife Shannon and I are the property owners of 1306 Rockcliff Road. We have owned the residence for several years. We’re only the 3rd owners of this property in its 67 year history and intend to have it for a generation to come. We have children attending the University of Texas, relatives living locally, and are very invested in the Austin community and culture. Much of my professional career has been in Colorado as a custom homebuilder navigating various building, zoning and environmental codes - many which are similar to the City of Austin’s regulations. I very much appreciate the struggle between development and the environment. As such, I believe the setback requests before you are a result of careful planning and a minimalist approach to an otherwise non-compliant property on 3 sides. The requests are the minimum variances needed to redevelop the existing residence in a reasonable and fair manner, in the same location as the current structure since 1958. Throughout my career I have demonstrated a strong commitment to best management practices and that is certainly our intent with our home in this case. My wife and I ask that you approve the requested variances so we may continue the administrative approval process and begin replacing the 1950-era residence. I apologize in advance for not attending tonight’s meeting. I am stuck in Colorado due to weather. Thank you for your time - we appreciate …
ITEM03/1 CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0018 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____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 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 (requested) (requested), 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. ITEM03/2 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 BOA GENERAL REVIEW COVERSHEET ITEM03/3 CASE: C15-2024-0018 BOA DATE: June 10th, 2024 ADDRESS: 921 E 52nd St OWNER: Walter Olden COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-NP (North Loop) LEGAL DESCRIPTION: LOT 11-12 BLK E RIDGETOP VARIANCE REQUEST: 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 (requested) decrease the minimum rear yard setback from 10 feet (required) to 0 feet (requested) SUMMARY: remodel/addition to expand existing detached garage and 2nd FL addition ISSUES: heritage trees & existing non-complying garage Site North …
ITEM04/1 CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0019 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____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. ITEM04/2 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) …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0022 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____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. 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: ITEM05/1 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 forITEM05/2 BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0022 BOA DATE: June 10th, 2024 ADDRESS: 1012 Vargas Rd OWNER: Maximiliano Martinez COUNCIL DISTRICT: 3 AGENT: N/A ZONING: SF-3-NP (Montopolis) LEGAL DESCRIPTION: LOT 16 BLK 4 CHERNOSKY NO 15 VARIANCE REQUEST: 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). SUMMARY: subdivide one lot into two separate lots ISSUES: not wide enough to provide required 50 feet of frontage ZONING Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP; LR-MU-NP LO-MU-CO-NP; MF-4 LAND USES Single-Family Single-Family Single-Family Single-Family; Neighborhood Commercial Limited Office-Mixed Use; Multi-Family NEIGHBORHOOD ORGANIZATIONS: Austin Neighborhoods Council Carson Ridge Neighborhood Association Crossing Gardenhome Owners Assn. (The) Del …
