§ 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, Pt. 4, effective May 29, 2017, repealed §§ 2-5-41—2-5-45, …
BOA SIGN REVIEW COVERSHEET CASE: C16-2022-0011 BOA DATE: November 14th, 2022 ADDRESS: 7309 Lazy Creek Dr OWNER: AISD –Michael Mann (rep) COUNCIL DISTRICT: 1 AGENT: Ezzi Signs –Belem Macedo ZONING: SF-3 LEGAL DESCRIPTION: ABS 22 SUR 29 TANNEHILL J C ACR 42.345 VARIANCE REQUEST: a) exceed sign area of 12 square feet to 80 square feet and b) exceed sign height of building façade, 30 feet to 36 feet SUMMARY: attach a wall sign ISSUES: location of school building ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Colony Park/Lakeside Community Development Corp Del Valle Community Coalition Friends of Austin Neighborhoods Friends of Northeast Austin Homeless Neighborhood Association LBJ Neighborhood Assn Neighborhood Empowerment Foundation Neighbors United for Progress SELTexas Sierra Club, Austin Regional Group ITEM3/1 October 10, 2022 Ezzi Signs 16611 West Little York Rd Houston, TX 77084 Re: C16-2022-0011 Dear Hussain, Property Description: ABS 22 SUR 29 TANNEHILL J C ACR 42.345 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 25-10-101(B)(1) at 7309 Lazy Creek Dr. 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 ITEM3/2 C16-2022-0011 13031480 0222280201 Council District: 1 ITEM3/3 ITEM3/4 ITEM3/5 PBX F H F H R D K E E R C Y Z A L F H F H ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV EXISTING BUILDING ICV ICV PBX ICV ICV F H F H ICV ICV ICV ICV L A Z Y C R E E K D R F HF H PECAN BROOK DR PECAN BROOK DR PBX F H F H SITE …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: October 10, 2022 CASE NUMBER: C16-2022-0005 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____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: Jaden Rodriguez OWNER: Leo Garcia ADDRESS: 7712 ELROY RD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height of 30 feet above frontage street pavement grade (maximum allowed) to 40 feet (requested) above frontage street pavement grade in order to provide signage for The Circuit of the Americas in a “PUD”, Planned Unit Development zoning district. Note: The Land Development Code sign regulations 25-10-130 Commercial Sign District Regulations. (A) This section applies to a commercial sign district. (B) One Freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (G) The sign height may not exceed the greater of: (1) 30 feet above frontage street pavement grade; or (2) 6 feet above grade at the base of the sign. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to postpone to October 10, 2022; Board member Michael Von Ohlen second on 11-0 vote; POSTPONED TO OCTOBER 10, 2022. Oct 10, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair ITEM4/1 Jessica Cohen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 2022. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ forITEM4/2 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 3 DATE: September 12, 2022 CASE NUMBER: …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0082 BOA DATE: November 14th, 2022 ADDRESS: 2406 Sweetbrush Dr OWNER: Justin & Joy Hirsch COUNCIL DISTRICT: 10 AGENT: Brian Wills ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: LOT 13 SWEETBRUSH SEC 2 ABS 313 SUR 8 GILBERT D J ACR .044 VARIANCE REQUEST: decrease the minimum rear yard setback from 25 feet to 10 feet SUMMARY: erect a Garage/Guest House ISSUES: irregularly shaped lot, steep topography, and protected trees ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Save Historic Muny District Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group ITEM5/1 Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ C15-2022-0082 0119080330 13031889 Section 1: Applicant Statement Street Address: __________________________________________________________________ 2406 Sweetbrush Dr, Austin, Texas 78703 Tract I: Lot 13, Sweetbrush Section Two, a subdivision in Travis County, Texas, according to the map or play thereof, ____________________________________________________________________________ recorded in Volume 38, Page 30 of the Plat Records of Travis County, Texas. Tract II: Being all of that certain tract or ____________________________________________________________________________ parcel of land containing 0.44 acres, more or less, situated in the Daniel J. Gilbert Survey No. 8, Travis County, Texas. 13 _________________________________ _____________________________ _________________________________ _____________________________ ___________________________________________________________________ SF-3-NP Council District: 10 (WANG) ________________________________________________ Brian Wills, Project Manager for Cuppett Kilpatrick Architects Justin Hirsch and Joy Kerveillant-Hirsch ________________________________________________ October 6 2022 ______________________________________________________________ Garage/Guest House ____________ | Board of Adjustment General/Parking Variance Application | Page 4 of 8 ITEM5/2 City of Austin, Land Development Code, Section 25-2-515 (Rear Yard of Through Lot) to decrease the rear yard ____________________________________________________________________________ setback (along Matthews Dr) from 25 feet to 10 feet. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings Property was planned with restrictive covenant in 1955 that requires residence to front Sweetbrush Dr and ____________________________________________________________________________ specifically calls out a 25ft front building line setback (on Sweetbrush Dr) and a 10ft rear building setback (on ____________________________________________________________________________ Matthews Dr); Matthews Drive ROW was decreases and acts more like an alley; the lot contains steep topography, ____________________________________________________________________________ several protected trees, and existing residence all of which constrain …
November 8, 2022 Brian Wills 3904 Medical Pkwy, Suite C Austin TX, 78756 Re: C15-2022-0082 Property Description: LOT 13 SWEETBRUSH SEC 2 ABS 313 SUR 8 GILBERT D J ACR .044 Dear Brian, 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 25-2-515 to reduce the rear yard setback from 25’ to 10’ at 2406 Sweetbrush Dr. 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
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 11 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates OUT _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade OUT _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling ITEM6/1 unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: POSTPONED TO NOVEMBER 14, 2022 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 Madam Chair forITEM6/2 October 28, 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 …
ITEM6/19 CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0061 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. 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: ITEM6/20 (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 Madam Chair for ITEM6/21 August 26, 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 Second Postponement: Case No. C15-2022-0061; Request for Side Yard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702 On behalf of the owner of the above referenced Property, we respectfully request an additional postponement of the case to October 10th to allow additional time to continue our discussions with the neighboring property owner and the East Cesar Chavez Neighborhood Plan Contact Team. We have begun discussions with them regarding a workable resolution of this matter and need some additional time to complete those discussions and …
REGULAR MEETING of the BOARD OF ADJUSTMENT November 14, 2022 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: ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (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. APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on October 10, 2022. On-Line Link: Draft minutes October 10, 2022 PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Sign New case: 3. C16-2022-0011 Ezzi Signs for Michael Mann 7309 Lazy Creek Drive (B) (1)(c)(ii) to exceed sign height of building façade, 30 feet (maximum allowed) (B)(1)(b) to exceed sign area of 12 square feet (maximum allowed) to 80 square On-Line Link: Item-3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10 Sign Regulations, Article 5 Regulations applicable to all Sign Districts, Section 25- 10-101 (General On-Premise Signs), requesting a total of 1 sign(s) on the property a) feet (requested) and b) to 36 feet (requested) in order to attach a wall sign on a two-story school building in a “SF-3”, Single-Family zoning district. Note: The Land Development Code Sign Regulations 25-10-101 General On-Premise signs (B) Signs for Commercial, Multi-Family, Civic and Industrial Uses. Unless specifically limited to a particular use, the following signs are allowed on a site containing any lawfully permitted commercial, multi-family, civic, or industrial use; (1) A freestanding or …
ITEM6/61 ITEM6/62 ITEM6/63 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 ITEM6/64 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
ITEM6/61 ITEM6/62 ITEM6/63 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 ITEM6/64 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
ITEM6/100 ITEM6/101 ITEM6/102 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. ITEM6/103 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 - …
ITEM6/140 ITEM6/141 ITEM6/142 ITEM6/143 ITEM6/144 ITEM6/145 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 ITEM6/146 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 ITEM6/147 ITEM6/148 ITEM6/149 ITEM6/150 ITEM6/151 ITEM6/152 ITEM6/153 ITEM6/154 ITEM6/155 ITEM6/156 ITEM6/157 ITEM6/158 ITEM6/159 ITEM6/160 ITEM6/161 ITEM6/162 ITEM6/163 ITEM6/164 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 Request 1401 E 3rd St C15-2022-0061 The Board of Adjustment November 14, 2022 Item __ Alecia Mosadomi (Husch Blackwell LLP) ITEM6/1-PRESENTATION Overview Seeking to replace the existing structure with a single-family residence and accessory dwelling unit. ITEM6/2-PRESENTATION Requested Variance To reduce the minimum street side yard setback from 15’ to 10’. ITEM6/3-PRESENTATION ITEM6/4-PRESENTATION ITEM6/5-PRESENTATION ITEM6/6-PRESENTATION ITEM6/7-PRESENTATION The Zoning Regulations Do Not Allow for a Reasonable Use because: They only permit a structure approximately 15’ wide and 32% buildable area. ITEM6/8-PRESENTATION The Hardship is Unique to the Property because: It results from the property being a substandard lot that is only 35’ wide located on a corner lot subject to a 15’ street side yard setback. ITEM6/9-PRESENTATION The Hardship is not General to the Area because: Other lots in the area have the ability to achieve the 40% building coverage allowable by the zoning regulations. ITEM6/10-PRESENTATION Approval Would Not Alter Area Character because: It is not uncommon for structures to be placed in setbacks in this neighborhood. The additional width allows a design that is architecturally appealing and blends in with the area character. ITEM6/11-PRESENTATION ITEM6/12-PRESENTATION Most structures setback between 5’-10’ ITEM6/13-PRESENTATION
WITHDRAWN by applicant on 10/29/22 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0065 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Richard Smith ___-____Agustina Rodriguez (out) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Daniel Strinden ADDRESS: 1700 LORETO DR VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 15 feet (requested) in order to erect a detached Two-Family residential unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (MLK Neighborhood Plan) Note: Per LDC 25-2-515 Rear Yard of Through Lot for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Madam Chair Jessica Cohen second; Board member Michael Von Ohlen withdraws the motion to Approve and motions to Postpone to November 14, 2022, Board member Brooke Bailey second on 11-0 vote; POSTPONED TO NOVEMBER 14, 2022. 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: ITEM7/1 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 Madam Chair forITEM7/2 From: To: Subject: Date: Attachments: Danny Strinden Ramirez, Elaine Re: REMINDER: November 14, 2022 Advanced Packet deadline Saturday, October 29, 2022 1:03:24 PM image001.png *** External Email - Exercise Caution *** Rather than request postponement, I think I would like to withdraw my case or take whatever action which would allow me not to spend any more money. At this point, I do not believe it would be feasible for me to build on the rear lot of my property, because of interference with the critical root zone of at least two heritage …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 8 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0071 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____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: Micah King OWNER: Daniel Mitchell ADDRESS: 2311 LAFAYETTE AVE VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 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 from the lesser of 1,100 square feet or 0.15 FAR (maximum allowed) to 1,452 square feet; and b) (C) (5) (b) to increase the second floor square footage of 550 square feet (maximum allowed) to 756 square feet (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: Per LDC 25-2-774 - TWO-FAMILY RESIDENTIAL USE. (A) For a two-family residential use, the base zoning district regulations are superseded by the requirements of this section. (B) For a two-family residential use the minimum lot area is equivalent to a standard lot. (C) The second dwelling unit: (1) must be contained in a structure other than the principal structure; (2) must be located: (a) at least 10 feet to the rear or side of the principal structure; or ITEM8/1 (b) above a detached garage; (3) may be connected to the principal structure by a covered walkway; (4) may not exceed a height of 30 feet, and is limited to two stories; (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 2022. 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 …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0071 BOA DATE: October 10th, 2022 ADDRESS: 2311 Lafayette Ave OWNER: Daniel Mitchell COUNCIL DISTRICT: 9 AGENT: Micah King (Husch Blackwell LLP) ZONING: SF-3-NP (Upper Boggy Creek) LEGAL DESCRIPTION: LOT 8 BLK 1 OLT 27-28&31 DIV C NOWLIN HEIGHTS VARIANCE REQUEST: a) increase the total square footage of a Secondary Dwelling unit from the lesser of 1,100 sq. ft. or 0.15 FAR to 1,452 sq. ft. and b) increase the second floor square footage from 550 sq. ft. to 756 sq. ft. SUMMARY: erect Secondary Dwelling Unit ISSUES: narrow width of lot, 24 inch Heritage tree and critical root zones ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-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 Cherrywood Neighborhood Assn. Concordia Neighborhood Association Del Valle Community Coalition Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Upper Boggy Creek Neighborhood Planning Team ITEM8/30 September 28, 2022 Micah King 111 Congress Ave, Ste. 1400 Austin, TX 78701 Re: C15-2022-0071 Dear Micah, Property Description: LOT 8 BLK 1 OLT 27-28&31 DIV C NOWLIN HEIGHTS Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variance requests from LDC Sections 25-2-774(C)(5)(a) and 25-2-774(C)(5)(b) at 2311 Lafayette Ave. 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 ITEM8/31 Micah J. King 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 August 31, 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 Drive Austin, Texas 78752 RE:(cid:3) Variance Request for Property Located at 2311 Lafayette Avenue …
Variance Request 2311 Lafayette Avenue C15-2022-0071 The Board of Adjustment November 14, 2022 Micah King Husch Blackwell LLP ITEM8/1-PRESENTATION Purpose To facilitate the replacement of an existing, non-complying secondary unit with a safe, modern new house (including elimination of the existing setback encroachments) and the preservation of the front house, which was constructed in 1948, which contributes to the neighborhood’s character. The new rear unit would become the main house, and the existing front structure would become the secondary unit. 2 ITEM8/2-PRESENTATION Map of Property Location 3 ITEM8/3-PRESENTATION Map of Area Zoning 4 ITEM8/4-PRESENTATION The Front House (To be Preserved) 5 ITEM8/5-PRESENTATION The Rear House (To be Replaced) 6 ITEM8/6-PRESENTATION Requested Variances From LDC § 25-2-774(C)(2)(a), to change the requirement that the second dwelling unit must be located at least 10 feet to the rear or side of the principal structure (required) to have the second dwelling unit be in front of the principal structure (requested); and From LDC § 25-2-774(C)(5)(b), to increase the maximum size of the second dwelling unit (proposed to be the front house) from the lesser of 1,100 sq. ft. or 0.15 FAR (required) (which equates to 901.5 sq. ft.) to 948 sq. ft. (requested). 7 ITEM8/7-PRESENTATION 8 ITEM8/8-PRESENTATION Photo of Tree with Front House on Left 9 ITEM8/9-PRESENTATION Photo of Rear Unit on Left 10 ITEM8/10-PRESENTATION Photo of Multi-Family Building to the Rear 11 ITEM8/11-PRESENTATION The Regulations Do Not Allow for a Reasonable Use The regulations unreasonably constrain the ability of the owner to have adequate housing to meet their long-term needs without demolishing and replacing the existing 948-square-feet front house, which was constructed in 1948, or altering it in such a way as to negatively impact the area character, and the rear unit is a noncomplying structure that violates side and rear yard setback requirements and forcing the owner to be stuck with the rear unit is unreasonable given its state and noncomplying status and keeping it as-is would not address the need for more housing space. 12 ITEM8/12-PRESENTATION The Hardship is Unique to the Property The hardship is unique to the property because it has two small, old structures that are both noncomplying, a 3-story multifamily building is immediately to the rear of the property, and options for where to provide safe, adequate, new housing that will help the owner remain in place are constrained by the narrow width of the …
