CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0067 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___N____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___N____Carrie Waller (Alternate) ___N____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Jose Minguell ADDRESS: 2614 CANTERBURY ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet (required) to 6 inches (requested), in order to maintain two (2) small sheds - a utility shed and bike shed in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Substitute motion by Board member Darryl Pruett to Deny; Board member Brooke Bailey second on 5-4 vote (Board members Jessica Cohen, Michael Von Ohlen, Carrie Waller and Marcel Gutierrez-Garza nay); DENIED. 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: ITEM9/1 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 forITEM9/2 BOA GENERAL REVIEW COVERSHEET RE-CONSIDERATION CASE: C15-2022-0067 BOA DATE: November 14th, 2022 ADDRESS: 2614 Canterbury St OWNER: Jose Minguell COUNCIL DISTRICT: 3 AGENT: N/A ZONING: SF-3NP (Holly) LEGAL DESCRIPTION: LOT 9 BLK 5 OLT 41-42 OLT 53 DIV O RIVERVIEW ADDN VARIANCE REQUEST: decrease the minimum Interior Side Yard Setback from 5 feet to 6 inches SUMMARY: maintain two (2) small sheds - a utility shed and bike shed ISSUES: corner lot, heritage pecan tree 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 Del Valle Community Coalition East Austin Conservancy East Town Lake Citizens Neighborhood Association El …
From: To: Subject: Date: Fernando Buchetti Ramirez, Elaine case number C15-2022-0060----- 1609 Matthews Lane Wednesday, November 02, 2022 9:14:25 PM *** External Email - Exercise Caution *** Good evening Elaine, My name is Fernando Buchetti, I am in opposition to the case since it will change the neighborhood and increase property taxes and overall costs. Please reach out to me at 512-560-6626 My Address is 1504A Matthews Ln, Austin, Tx. 78745 Case number C15-2022-0060 I have lived at this address for more than 10 years and once again, I'm in opposition to this proposal, this will create unnecessary issues and problems and create hardship for the Neighbours around the area. As mentioned before this will increase the property value and overall costs including our housing cost. Thank you very much for your consideration. Fernando Buchetti 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. ITEM10/1-LATE BACKUP
From: To: Subject: Date: Irene Graveline Ramirez, Elaine 7309 Lazy Creek Drive (LBJ High School) Saturday, November 05, 2022 9:14:06 AM *** External Email - Exercise Caution *** C16-2022-0011 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. Sent from my iPhone ITEM3/1-LATE BACKUP
From: To: Subject: Date: Attachments: Jaron Turkington Ramirez, Elaine Re: C16-2022-0005 / 7712 Elroy Rd Wednesday, November 09, 2022 10:59:41 AM image001.png *** External Email - Exercise Caution *** Correct. On Wed, Nov 9, 2022 at 10:51 AM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Ok so does this mean COTA is withdrawing their request for a Sign variance? 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 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: Jaron Turkington [mailto Sent: Wednesday, November 09, 2022 10:49 AM ITEM4/1-LATE BACKUP To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: C16-2022-0005 / 7712 Elroy Rd *** External Email - Exercise Caution *** I just got a response. They said they will not be moving forward with the variance. Elaine, Thank you, Jaron Turkington Hi Jaron, On Wed, Nov 9, 2022 at 9:42 AM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: I am checking in to make sure someone is going to show up to the BOA meeting on Monday, Nov. 14? I did not receive any updated information to include the application, no Presentation, etc. by the deadlines. The Board was not happy that no one showed up in October so I am checking in to see that someone will be there on Monday. I am more than sure if no one shows up they will deny the case. If you want to request a PostPonement you can do so, but someone will still need to be at the meeting in case the Board has questions or deny the request and want to hear the case that evening. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department ITEM4/2-LATE BACKUP 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 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 …
From: To: Cc: Subject: Date: Blake Ramirez, Elaine C15-2022-0082; 2406 Sweetbrush Drive Monday, October 31, 2022 4:41:49 PM *** External Email - Exercise Caution *** 1 November 2022 Elaine Ramirez, Liaison Board of Adjustment City of Austin Dear Board of Adjustment: The Board of Directors of West Austin Neighborhood Group (WANG) have been in discussions with the applicant’s representative in the above referenced variance request at 2406 Sweetbrush Drive. The establishment of a 10-foot rear setback along the through lot property’s Matthew Drive frontage is in keeping with the property directly to the south. Electronically the Board has voted to not oppose the requested variance from the City’s Land Development Code. With respect, Blake Tollett for Holly Reed, President, WANG 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. ITEM5/1-LATE BACKUP From: To: Subject: Date: Jeff Jobe Ramirez, Elaine 2406 Sweetbrush Friday, November 04, 2022 5:21:59 PM *** External Email - Exercise Caution *** 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. Sent from my iPhone ITEM5/2-LATE BACKUP ITEM5/3-LATE BACKUP ITEM5/4-LATE BACKUP ITEM5/5-LATE BACKUP ITEM5/6-LATE BACKUP ITEM5/7-LATE BACKUP ITEM5/8-LATE BACKUP ITEM5/9-LATE BACKUP ITEM5/10-LATE BACKUP 2405SWEETBRUSH2401SWEETBRUSH2409SWEETBRUSH2402ROCKMOOR2500 MATTHEWS2216MATTHEWSLAKE AUSTINN2400MATTHEWSSUBJECTPROPERTY2405ROCKMOOR3711 WINDSOR2401ROCKMOOR2406SWEETBRUSH2408SWEETBRUSH2404SWEETBRUSH3625WINDSOR3705 WINDSOR2403ROCKMOOR2400SWEETBRUSH2208MATTHEWS3715 WINDSOR2403SWEETBRUSH2204ROCKMOOR2204ROCKMOORITEM5/11-LATE BACKUP
ITEM9/1-LATE BACKUP ITEM9/2-LATE BACKUP From: To: Subject: Date: Rio Tomlin Ramirez, Elaine C15-2022-0067 Monday, November 07, 2022 10:26:31 AM *** External Email - Exercise Caution *** I, Rio Tomlin, residing at 2615 Canterbury St, Austin, TX 78702, am IN FAVOR of 2614 Canterbury street having the two sheds on the property as currently indicated. If there are any further questions of my IN FAVOR position on this matter, I can be reached at 512-444-1114. Please confirm this email has been received and recorded as an IN FAVOR opinion. If any further documentation is needed please let me know. Rio Tomlin 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. ITEM9/3-LATE BACKUP
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 10 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0060 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____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 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 and Setbacks …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 3 DATE: November 14, 2022 CASE NUMBER: C16-2022-0011 ___-____Thomas Ates NO VOTE ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne ABSTAINED ___Y____Barbara Mcarthur ___-____Darryl Pruett ABSTAINED ___-____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: Ezzi Signs OWNER: Michael Mann ADDRESS: 7309 LAZY CREEK DR VARIANCE REQUESTED: 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 (B)(1)(b) to exceed sign area of 12 square feet (maximum allowed) to 80 square feet a) (requested) and b) (B) (1)(c)(ii) to exceed sign height of building façade, 30 feet (maximum allowed) 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 wall sign, such as those typically used to direct the movement or placement of vehicular or pedestrian traffic, provided that: (a) no more than one sign is allowed for each building or curb cut; (b) sign area may not exceed 12 square feet; and (c) sign height may not exceed: (i) four feet, for a freestanding sign; or (ii) the height of the building façade, for a wall sign. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Brooke Bailey motions to approve with a friendly amendment this will not be a lit sign; Board member Michael Von Ohlen second on 7-0 vote (Board members Thomas Ates no vote, Melissa Hawthorne and Darryl Pruett abstained); GRANTED WITH A FRIENDLY AMENDMENT THIS WILL NOT BE A LIT SIGN. FINDING: OR, OR, AND, 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: due to the location of the building being on a low density residential area, an indicator is needed …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: November 14, 2022 CASE NUMBER: C16-2022-0005 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______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 Jessica Cohen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 2022. WITHDRAWY BY APPLICANT FINDING: OR, OR, AND, 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: 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 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
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 5 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0082 ___Y____Thomas Ates ___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: Brian Wills OWNER: Justin and Joy Hirsch ADDRESS: 2406 SWEETBRUSH 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 (adjacent to Matthews Dr) from 25 feet (required) to 10 feet (requested) in order to erect an attached Garage/Guest House/Addition in an “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (West Austin Neighborhood Group) 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; Board member Brooke Bailey second on 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: property was planned with RC on 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 on Matthews Dr, Lot 13 is an irregular shape lot platted in 1968 with restrictions requiring residences on Sweetbrush Dr and establishes a 10 feet rear setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: lot 13 is an irregular shaped lot and contains several large heritage and protected trees and topography is an irregular shape lot as well. (b) The hardship is not general to the area in which the property is located because: lot 13 is the only lot between Sweetbrush Dr and Matthews Dr without allowable 10 feet setback from Matthews Dr. 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: multiple surrounding properties contain structures nearer than 25 feet to Matthews Dr. Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair
DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0061 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 6 ___Y____Thomas Ates ___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) ___-____Marcel Gutierrez-Garza (Alternate) ABSTAINED 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 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 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with conditions that the project not deviate from rendering on drawing Item 6/11 and floor plan Item 6/10 and a friendly amendment to limit to 0.4 FAR; Board member Melissa Hawthorne second on 9-0-1 vote (Board member Marcel Gutierrez-Garza abstained); GRANTED WITH CONDITIONS THAT THE PROJECT NOT DEVIATE FROM RENDERING ON DRAWING ITEM 6/11 AND FLOOR PLAN ITEM 6/10 AND A FRIENDLY AMENDMENT TO LIMIT TO 0.4 FAR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the regulations only permit a structure approximately 15’ in width and 32% buildable area on the lot, this width does not adequately allow for the functional layout of interior rooms and forces the creation of a structure that does not blend in well with the community standard. 2. (a) The hardship for which the variance …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 7 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0065 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Richard Smith _______Agustina Rodriguez (out) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______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. WITHDRAWY BY APPLICANT 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
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 8 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0071 ___Y____Thomas Ates ___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 (C) (5) (b) to increase the second floor square footage of 550 square feet (maximum b) 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 (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. (C) (2) (a) for a Two-Family Residential use location at least 10 feet to the rear or side of VARIANCE REQUESTED-RENOTICE The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday November 14, 2022 CASE NUMBER: C15-2022-0067 ___Y____Thomas Ates ___N____Brooke Bailey ___Y____Jessica Cohen ___N____Melissa Hawthorne ___N____Barbara Mcarthur ___N____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___N____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Jose Minguell ADDRESS: 2614 CANTERBURY ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet (required) to 6 inches (requested), in order to maintain two (2) small sheds - a utility shed and bike shed in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve; Substitute motion by Board member Darryl Pruett to Deny; Board member Brooke Bailey second on 5-4 vote (Board members Jessica Cohen, Michael Von Ohlen, Carrie Waller and Marcel Gutierrez-Garza nay); DENIED. Applicant is requesting a reconsideration. RECONSIDERATION REQUEST: November 14, 2022 Board member Michael Von Ohlen motions to reconsider; Board member Thomas Ates second on 5-5 vote (Board members Brooke Bailey, Melissa Hawthorne, Barbara Mcarthur, Darryl Pruett, Kelly Blume nay); MOTION FAILED TO BE RECONSIDERED. 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
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, September 12, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, September 12, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:34 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Nicholl Wade Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Barbara Mcarthur, Darryl Pruett, Richard Smith, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Agustina Rodriguez 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 August 8, 2022. On-Line Link: Draft minutes August 8, 2022 Board Member Melissa Hawthorne motions to approve the minutes for August 8, 2022, Board member Brooke Bailey seconds on a 7-0-4 votes (Board members Thomas Ates, Michael Von Ohlen, Nicholl Wade, Carrie Waller abstained); APPROVED MINUTES FOR August 8, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement by applicant for Item 9 to October10, 2022. Board member Michael Von Ohlen motions to approve the postponement request (by applicant) for Item 9 to October 10, 2022, Board member Brooke Bailey second on 11-0 vote, ITEM 9 POSTPONED TO OCTOBER 10, 2022 New Sign cases: 3. C16-2022-0005 Jaden Rodriguez for Leo Garcia 7712 Elroy Road On-Line Link: Item-3; AE REPORT; PRESENTATION 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 5 DATE: Monday September 12, 2022 CASE NUMBER: C15-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez (out) ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Marcel Gutierrez-Garza (Alternate) APPLICANT: Rao Vasamsetti OWNER: 5413 Guadalupe LLC ADDRESS: 5413 GUADALUPE STREET 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 Interior Side Yard Setback from 5 feet (required) to 4 feet (requested), in order to erect a three story condominium in a “MF-4-CO-NP”, Multi-Family-Conditional Overlay-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 APPLICANT NO SHOW - The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on a 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO SEPTEMBER 12, 2022. RENOTICE -VARIACE 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): ITEM10/1 a) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 30 feet (requested) for a building located 50-ft or less from property in an SF-5 or more restrictive zoning district b) (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 40 feet (requested) and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback from 25 feet (minimum required) to 15 feet (requested) on a tract that adjoins property in an SF-5 or more restrictive zoning district and fronts on the same street in order to erect a Multi-Family building in a “MF-4-CO”, Multi-Family Residence Moderate-High Density-Conditional Overlay zoning district. BOARD’S DECISION: BOA September 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to October 10, 2022; Board member Melissa Hawthorne second …
ITEM10/50 From: *** External Email - Exercise Caution *** C15-2022-0002 June 13th 2022 Elaine Ramirez Please see attached. Thanks Glenn Page owner 705 Franklin blvd. 78759. 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. ITEM10/51 North Loop Neighborhood Association Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: North Loop Neighborhood Association and proposed development at 5413 Guadalupe To the Members of the Board of Adjustments this afternoon, the 9th of September 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 some insight into the neighborhood’s past positions on projects such as that being proposed by Webber Studio and their clients that might help to inform how the NA would vote once we are able to properly consider the project. Marek Hnizda reached out to me regarding this project and we met over Zoom to discuss the proposed variance to the setback along Guadalupe along with their proposed project and what it might look like. We were not able to bring this in front of the neighbors for a formal vote prior to your meeting on the evening of the 12th of this month – so my comments here are simply an idea of our values and how we have responded to similar proposals. In general, our neighbors have tended to vote in favor of projects that show a considered investment in quality housing within our neighborhood with a focus on affordability, family-oriented units where possible, sustainability and increased density. Our neighborhood plan has sought to support a more urban feel to our neighborhood that aspires to provide space for a more diverse and inclusive community of people in the rapidly heated market that Austin finds itself in. With this in mind, the project per the current proposal is within the parameters of something we might support. As you may recall we were recently in front of the Board in support of a much larger VMU project at 201 East Koenig Lane at the southeast corner of Koenig and Avenue F. That particular developer …
