CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) OUT _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH 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 rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 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 for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0047 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Christian Gutierrez OWNER: Steven Walker ADDRESS: 4522 CASWELL AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested), in order to remodel a Garage/Studio in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Michael Von Ohlen seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with condition no STR (Short-term rental); Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITION NO STR (SHORT-TERM RENTAL). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the existing building (original 1920’s garage) is encroaching over the rear yard setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: the protected trees (5 trees) critical root zone would be impacted by the renovation process if we were to move the structure outside the rear yard setback to comply with current setback restriction. (b) The hardship is not general to the area in which the property is located because: it applies to the specific locations of the protected tree critical root zones in that particular lot and location. 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: they will renovate the structure with the same architectural features present in the existing structure to preserve its historic value. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
AGENDA MEETING MINUTES July 11, 2022 The Board of Adjustment meeting convened on Monday, July 11, 2022. 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. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:39 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Ryan Nill, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Melissa Hawthorne (Vice Chair), Barbara Mcarthur, Darryl Pruett, Nicholl Wade, Carrie Waller (Alternate) Board Members Absent: Agustina Rodriguez and Richard Smith City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval June 13, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. Board Member Melissa Hawthorne motions to approve the minutes for June 13, 2022, Board member Brooke Bailey seconds on a 10-1-0 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR June 13, 2022. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant/neighborhood/staff for Items C- 2 AE Denial; Items D-1, E-3 requesting postponement to August 8, 2022 by applicant, Item C-1 requesting withdrawal by applicant. Board member Melissa Hawthorne motions to approve postponement requests (by applicant) for Items D-1 and E-3 and Item C-2 (AE denial) postponement request (by board) to August 8, 2022, Board member Thomas Ates seconds on an 11-0 vote, ITEMS D-1, E-3 and C-2 POSTPONED TO AUGUST 8, 2022 AND C-1 WITHDRAWN BY APPLICANT. SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2022-0001 Esteban Arrieta for Eames Gilmore 10107 Research Boulevard …
AGENDA MEETING MINUTES May 9, 2022 The Board of Adjustment meeting convened on Monday, May 9, 2022. 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. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:35 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Melissa Hawthorne (Vice Chair), Agustina Rodriguez, Michael Von Ohlen Board Members in Attendance (virtually via teleconference): Thomas Ates, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) Marcel Gutierrez-Garza (Alternate), Carrie Waller (Alternate) Board Members Absent: Brooke Bailey, Richard Smith, Nicholl Wade and Rahm McDaniel City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval April 11, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. D. Board Member Melissa Hawthorne motions to approve the minutes for April 11, 2022, Board member Michael Von Ohlen seconds on a 9-0-1 votes (Board member Barbara Mcarthur abstained); APPROVED MINUTES FOR APRIL 11, 2022. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant/neighborhood/staff for Items D- 1, G-1, G-2, F-3; AE Denial for Items F-1 and F-3 Board member Melissa Hawthorne motions to add Items F-1 and F-3 to the Postponement requests to June 13, 2022 due to AE denials, Board member Agustina Rodriguez seconds on a 10-0 vote, ADDED ITEMS F-1 AND F-3 TO JUNE 13, 2022 POSTPONEMENT REQUESTS. Board member Melissa Hawthorne motions to approve the postponement requests for Items D-1, G-1, G-2, F-1 and F-3 to June 13, 2022, Board member Michael Von Ohlen …
BOA SIGN REVIEW COVERSHEET CASE: C16-2022-0004 BOA DATE: June 13th, 2022 ADDRESS: 4507 N IH 35 SVRD NB OWNER: Tony Nguyen COUNCIL DISTRICT: 9 AGENT: N/A ZONING: LO-NP (Upper Boggy Creek) LEGAL DESCRIPTION: LOT 1 TERRY ROSS ADDN VARIANCE REQUEST: exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) SUMMARY: provide signage for a multi-tenant office ISSUES: large trees over 35 feet high ZONING LAND USES LO-NP SF-3-NP Site North South LO-CO-NP East West SF-3-NP CS-CO-NP Limited Office Single-Family Limited Office; General Commercial Services Single-Family General Commercial Services NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition Delwood II Neighborhood Organization Friends of Austin Neighborhoods Homeless Neighborhood Association Mueller Community Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Upper Boggy Creek Neighborhood Planning Team C-1/1 T T E N N E B T R O P R A I N O M R A H T R O P O AIR B T 5 S N IH 3 T S 5 3 O 51 B T 5 N N IH 3 LY L E N N O C 46T H 35 5 3 O P T R 5 3 O A I R B T 5 S N I H 3 D O O ELW F AIR W O O D F E R N W O O D 45 T H N O S K R A L C B S D U 5 3 H I O T B S T R O P R A I B S D R V S 5 3 H I O T T R O P R A B S D U 5 3 H I O T T R O P R A I 44TH 43 R D R T O P I K C E R D E P P 5 U 3 K C E R D E P P 5 U 3 N IH 3 5 U B T O A IR D N C R E S T W O O D ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C16-2022-0004 4507 N IH 35 SERVICE RD NB This product is for informational …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0001 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Esteban Arrieta OWNER: Eames Gilmore ADDRESS: 10107 RESEARCH BLVD SVRD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (3) The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Darryl Pruett motions to postpone to April 11, 2022; Board Member Melissa Hawthorne seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to May 9, 2022; Board Member Richard Smith seconds on a 11-0 vote; POSTPONED TO MAY 9, 2022. May 9, 2022 POSTPONED TO JUNE 13, 2022 BY APPLICANT D-1/1 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 ____________________________ forD-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: April 11, 2022 CASE NUMBER: C16-2022-0001 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) …
BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: decrease the minimum Interior Side Yard Setback from 5 feet to 4 feet CASE: C15-2022-0002 BOA DATE: June 13th, 2022 ADDRESS: 5413 Guadalupe St OWNER: 5413 Guadalupe LLC COUNCIL DISTRICT: 4 AGENT: Rao Vasamsetti ZONING: MF-4-CO-NP (North Loop) LEGAL DESCRIPTION: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 SUMMARY: erect three story condominiums and associated improvements ISSUES: existing adjacent buildings have similar setbacks Site North South East West ZONING MF-4-CO-NP CS-CO-NP SF-3-NP MF-3-NP; SF-3-NP MF-3-NP; SF-3-NP LAND USES Multi-Family General Commercial Services Single-Family Mutli-Family; Single-Family Mutli-Family; Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Loop Neighborhood Association North Loop Neighborhood Plan Contact Team Preservation Austin SELTexas Sierra Club, Austin Regional Group E-1/1 May 25, 2022 Lendy Capital Group 26603 Circle Mill Ln Katy, TX 77494 Re: C15-2022-0002 Dear Rao, Property Description: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-492/25-2-65 at 5413 Guadalupe St. 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 E-1/2 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0002 5413 GUADALUPE STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or …
BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: a Two-Family Residential use location at least 10 feet to the rear or side of the principal structure (required) to a Two-Family use location at to the front of the principal structure (requested) CASE: C15-2022-0044 BOA DATE: June 13th, 2022 ADDRESS: 1907 E 9th St OWNER: Lucas I Schlager COUNCIL DISTRICT: 1 AGENT: Jason Fryer ZONING: SF-3-NP (Central East Austin) LEGAL DESCRIPTION: LOT 4 BLK 20 GRANDVIEW PLACE SUMMARY: construct a Primary Structure to the rear ISSUES: this property has one of the few original 1941 bungalows 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 Blackshear-Prospect Hill Central Austin Concerned Architects Del Valle Community Coalition East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Organization of Central East Austin Neighborhoods Preservation Austin SELTexas Sierra Club, Austin Regional Group E-2/1 May 25, 2022 Jason Fryer 1907 E 9th St Austin TX, 78702 Re: C15-2022-0044 Dear Jason, Property Description: LOT 4 BLK 20 GRANDVIEW PLACE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-774(c)(2)(a) at 1907 E 9th St. 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 E-2/2 S R E M L A H C A LIN A S TILLOTSON N L O C LIN N O HIC C COLLEGE 11TH O H C N O C 10TH 9TH 8TH 10TH L MIL P R O S P E C T 8TH 9TH 7TH 6TH HIDALGO 5TH ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0047 BOA DATE: June 13th, 2022 ADDRESS: 4522 Caswell Ave OWNER: Steven Walker COUNCIL DISTRICT: 9 AGENT: Christian Gutierrez ZONING: SF-3-NCCD-NP (Hyde Park Neighborhood Conservation Combining District Neighborhood Plan) LEGAL DESCRIPTION: LOT 1A LINDEN PLACE VARIANCE REQUEST: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested). SUMMARY: remodel addition to a garage/studio ISSUES: protected trees critical root zones ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-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 Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group E-3/1 May 25, 2022 Christian Gutierrez 6273 Negley B Kyle, TX 78640 Re: C15-2022-0047 Dear Christian, Property Description: LOT 1A LINDEN PLACE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Section 25-2, Subchapter F, 2.4 at 4522 Caswell 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 E-3/2 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0047 4522 CASWELL AVENUE This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. E-3/3 E-3/4 E-3/5 E-3/6 …
CITY OF AUSTIN Board of Adjustment Decision Sheet G-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be F-1/1 reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Agustina Rodriguez motions to deny; Board Member Richard Smith seconds on a 6-5 vote (Board members Jessica Cohen, Melissa Hawthorne, Darryl Pruett, Kelly Blume, Marcel Gutierrez-Garza nay); DENIED. RECONSIDERATION REQUESTED: …
F-1/72 F-1/73 From: To: Subject: Date: Paige Pozzi Ramirez, Elaine Opposition case G-1-C15-2022-0011 and G-2 C15-2022-0012 Thursday, May 05, 2022 2:48:48 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez and fellow Board members, I am writing in opposition of the variance on the two properties at 2715 and 2717 Long Bow Trail Austin, TX 78734 (case numbers G-1-C15-2022-0011 and G-2 C15-2022-0012). I am a 13 year resident of Apache Shores, the Lake Austin neighborhood where these two properties are located. Our neighborhood is quickly growing and while I don’t like it, I accept it. I am not opposed to new houses being built (even on these lots, if they are built responsibly!). The growing trend of builders, especially this particular builder, seems to be to push the environmental limits to the extreme. This application for a variance is no exception. These properties are entirely too close to the lake to have so much impervious cover. Please do not approve this variance. This builder is currently building a 4 story home within 10 feet of our neighborhood’s beloved creek. That alone is my evidence for the complete and utter lack of environmental concern. When will it stop? I walk by (near) these lots several times a week on my way to the lake. I am a mom of three young kids. This letter isn’t written well, but it comes from my heart for the concern of the environment which is important to my family. Grateful for your consideration, Paige Pozzi 2503 Geronimo Trail Austin, TX 78734 512-789-7056 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. F-1/74 From: To: Subject: Date: B.J. Carpenter Ramirez, Elaine 2715 and 2717 Longbow Trail Variance Request Thursday, May 05, 2022 3:04:46 PM *** External Email - Exercise Caution *** Ms. Ramirez As a property owner in Apache Shores and an active member in the neighborhood I would like to voice my opposition to the variance request for the two following properties. 2715 Longbow Trail, case number G-1 C15-2022-0011 2717 Longbow Trail, case number G-2 C15-2022-0012 As an environmental professional I don't believe it is in the interest of the neighborhood, environment, or City of Austin to allow a variance from the …
CITY OF AUSTIN Board of Adjustment Decision Sheet G-2 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0012 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2717 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent or increase the maximum impervious cover on a slope with a gradient of 15 percent VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) less from 35 percent (allowed) to 40 percent (requested) (b) and not more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) to 27 percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny; Board Member Nicholl Wade seconds on a 10-1 vote (Board member Kelly Blume nay); DENIED. RECONSIDERATION REQUESTED: MAY 9, 2022 POSTPONED TO JUNE 13, 2022 …
Absentee Indicator Residential Model Indicator Situs Address Taken From Sales Transaction -Determined Absentee Owner Based On Zip Code and Value Property is Not Residential Current Owner 2717 Long Bow Trail LLC Jan 10, 2017 OWNERSHIP DETAILS Document Number 5077 Sale Date Jan 10, 2017 Date Recording Jan 10, 2017 Deed Securities Category Resale, Cash Purchase MORTGAGE INFORMATION Date Recording Jan 10, 2017 Cash Purchase Yes Document Number 5077 I Universal Land Use Residential Lot Property Indicator Vacant Resale New Construction Resale Title Company GRACY TITLE CO Owner 2717 Long Bow Trail LLC 4307 Michaels Cv, Austin, Texas, 78746 Seller Armstrong Murray P & Rachel E Private Party Lender No From: To: Subject: Date: Susan Van Nostrand Ramirez, Elaine 2715 and 2717 Long Bow Trail Variance Request Hearing Tonight May 9th Monday, May 09, 2022 12:00:02 PM *** External Email - Exercise Caution *** Hello Ms. Ramirez, In regards to case number: G-1 C15-2022-0011 & G-2 C15-2022-0012 I live across the street from this property. I attended the last hearing and spoke in opposition to this variance exception. The variance was denied at that time. I am unable to attend tonight due to my son's baseball game. I would say the same thing I did last time. I spoke to the builder and asked for them to build something smaller that fits in the small lot. He said no, he was going to build his 1.2 million dollar three story white houses or he wouldn't make enough money. I have lived here for over 20 years and moved to this neighborhood to enjoy space, light and nature not huge three story white walls built on a tiny lot where he has to clear all the trees and cut out the mountain. I am asking that this builder be denied to increase the impervious cover from 5% to 40%. I would plead to the board that this is wrong and the rules are in place to protect our lakes and he refused to compromise. Respectfully, Susan Van Nostrand 2706 Long Bow Trail 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.
CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday March 14, 2022 CASE NUMBER: C15-2021-0097 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur OUT ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to December 13, 2021; Board Member Thomas Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021; Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 BY APPLICANT; Jan 10, 2022 BOA meeting G-1/1 cancelled due to not having a quorum present at meeting, case will auto be scheduled and re-notified to February 14, 2021; POSTPONED TO MARCH 14, 2022 BY APPLICANT; March 14, 2022 APPLICANT NO SHOW -Board Member Melissa Hawthorne motions to postpone to June 13, 2022; Board Member Darryl Pruett seconds on a 10-0 vote; POSTPONED TO JUNE 13, 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 G-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0035 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Mike Mchone OWNER: DC+CJ San Pedro LLC, Cater Joseph ADDRESS: 2609 SAN PEDRO ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Article 3, Division 9 – University Neighborhood Overlay District Requirements, Section 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street (required) to 24 feet from the centerline of adjacent street (requested) in order to erect a Multi-Family SMART Housing Building in an “MF-4- NP”, Multi-Family-Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: Per LDC 25-2-757 SETBACKS; COMPATIBILITY (E) A building must be at least 12 feet from the front face of the curb of the adjacent street and at least 30 feet from the centerline of the adjacent street, 12 ft. from the face of curb for the required UNO Streetscape will be provided. BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) G-2/1 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 forG-2/2 May 24, 2022 Mike Mchone P.O. Box 8142 Austin TX, 78713 Re: C15-2022-0035 Property Description: W 74.9FT LOT 9 OLT 60&64 DIV D GRAHAM SUBD Dear Mike, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-757(E) at 2609 San Pedro St. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH 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 rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE 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: G-3/1 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 forG-3/2 May 11, 2022 Lisa Gray 3530 Bee Caves Rd #218 Austin TX, 78746 Re: C15-2022-0043 Property Description: 100X140FT BLK 3 OLT 7-8 DIVISION C Dear Lisa, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-492 at 509 E 38th 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 …
BOA Monthly Report July 2021-June 2022 May 9, 2022 Granted (4) 1. 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade 2. 25-2-601 (Industrial Park (IP), Major Industry (MI), and Limited Industrial Services (LI) District Regulations) from setback requirements to decrease the minimum Rear Yard Setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback and 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope. 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback and 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height. Postponed (5) 1. 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height 2. 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 4. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope 5. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope Denied (1) 1. 25-2, Subchapter F (Residential Design and Compatibility Standards) of the Land Development Code in connection with disapproval of a permit application for construction of a single-family home at the above- referenced address. The primary basis of the appeal is calculation of gross floor area for a “habitable attic” under the Land Development Code, in particular, requirements in Section 3.3 of Subchapter F. The appellant contends that staff incorrectly applies provisions related to the calculation of ceiling height for exempt space as applied to a two-story residence- INTERPRETATION Withdrawn (0) Discussion Items (5) May 2022. Interpretations 1 new inquiries The deposition of the case items: 38 A. Granted 59 B. Postponed 7 C. Withdrawn 7 D. Denied E. Discussion Items 50 (Added May 9, 2022 #’s) April 11, 2022 Granted (7) 1. 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of a blade sign 2. North University NCCD Ord. #040826-058, PART 7(Residential District) from: a) lot width requirements to decrease the minimum lot width and setback requirements to decrease the minimum interior side yard setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback 4. …
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council January 14, 2022 Denise Lucas, Director, Development Services Department Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager
§ 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, …
