2913 Westlake Cove - - - - - - - REDUCE 10’ SSB’S TO 5’ ON BOTH PL’S TO MAINTAIN EXISTING FOOTPRINT PARTIALLY REDUCE 75’ SHORELINE TO 50’ TO MAINTAIN EXISTING FOOTPRINT - ALLOW 47.5% IC REDUCED FROM 54% IC SUBSTANDARD SIZED LOT @ ~31,000 SF WITH LESS 100’ ROAD WIDTH. NONE OF PARCELS IN LAGO VILLA SUBDIVISION SHOULD HAVE BEEN ZONED ”LA”. MULTIPLE COA PERMITS ISSUED IN ERROR CAUSING SHORELINE ENCROACHMENT & IC NON-COMPLIANCE VARIANCES NEEDED TO BRING PROPERTY INTO COMPLIANCE AS IT CURRENTLY SITS REDEVELOPMENT PROPOSES LOWER IC, REASONABLE USE OF PROPERTY, NO ADVERSE IMPACT, AND UNCLOUDS PROPERTY TITLE FROM NUMEROUS COA ERRORS. ITEM04/1-PRESENTATION Lago Villa subdivision ITEM04/2-PRESENTATION ITEM04/3-PRESENTATION Rear portion encroaching into 75’ shoreline ITEM04/4-PRESENTATION ITEM04/5-PRESENTATION ITEM04/6-PRESENTATION 54% IC per series of erroneous COA permit approvals 5’ side setbacks allowed per LDC upon original construction in 2008 Rear portion of house Encroaches into shoreline setback ITEM04/7-PRESENTATION ITEM04/8-PRESENTATION Substandard lot size @ ~31k SF Less than 100’ frontage Not compliant with LA zoning LA regs allow only 50% of tract to be realistically built (white area) but area is limited to 35% IC of that 0-15% slope area, or about 6,000 SF IC allowed on 31,000 SF tract. ITEM04/9-PRESENTATION Paver driveway proposed to be replaced with ribbon strips to reduce IC This DW area to remain since COA prohibits curved ribbons ITEM04/10-PRESENTATION ~30-40 SF new IC proposed for courtyard area to accommodate proposed 2nd story above existing improvements ITEM04/11-PRESENTATION 5’ setback along north PL looking towards rear of lot. No adverse impact to neighbor. View from water looking at rear façade (encroaching portion) and view of side PL near lake ITEM04/12-PRESENTATION View from shoreline towards rear façade and pool layout approved by COA permits 2008 – 2012, creating current non-compliance issues ITEM04/13-PRESENTATION Portion encroaching into 75’ setback ITEM04/14-PRESENTATION Southern 5’ PL SB from rear towards front yard. No adverse impact to neighbor. ITEM04/15-PRESENTATION Legal lot Determination issued by COA dating lot’s configuration to March 18, 1982. This date is ~13 days shy of the April 1, 1982 date cited in LDC 25-2-551 to allow 25’ shoreline setbacks. Thus, 75’ shoreline setback applies to this tract. ITEM04/16-PRESENTATION AustinTexas.Gov - the easy way to navigate your city AustinTexas.Gov - the easy way to navigate your city AustinTexas.Gov - the easy way to navigate your city Permit history from 2006 demo – 2017 kitchen remodel. All issued C of O’s by …
REGULAR MEETING of the BOARD OF ADJUSTMENT June 10, 2024 AT 5:30PM 6310 Wilhelmina Delco Dr-Event Center, 1st floor – Room 1405 C Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for email elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair)) ___Thomas Ates ___Jeffery Bowen ___Marcel Gutierrez-Garza ___Yung-ju Kim The Board of Adjustment may go into closed session to receive advice from legal counsel regarding any item on this agenda (Private consultation with legal counsel – Section 551.071 of the Texas Government Code). ___ Bianca A Medina-Leal ___ Brian Poteet ___ Margaret Shahrestani ___ Janel Venzant ___ Michael Von Ohlen ___ Suzanne Valentine (Alternate) AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Approve the minutes of the Board of Adjustment Regular meeting on May 13, 2024. On-Line Link: DRAFT MINUTES May 13, 2024 APPROVAL OF MINUTES 1. PUBLIC HEARINGS Discussion and action on the following cases. Reconsideration cases: 2. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3, PART4 The applicant is requesting the following variance(s) from the Land Development Code: Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 20 feet (requested) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (east side) from 10 feet (required) to 5 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House in a “LA”, Lake Austin zoning …
BYLAWS OF THE BOARD OF ADJUSTMENT ARTICLE 1. NAME. The name of the board is the Board of Adjustment. ARTICLE 2. PURPOSE AND DUTIES. (A) The purpose of the Board of Adjustment is to: 1. 2. 3. 4. 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 administration action under Chapter 25-2 (Zoning); Hear and decide on a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; and Perform other duties prescribed by ordinance or state law. ARTICLE 3. MEMBERSHIP. (A) (B) (C) (D) (E) (F) The Board of Adjustment is composed of eleven members appointed by the city council. The council may appoint any number of alternate members to serve in the absence of a regular member. A member that was appointed to the Board of Adjustment may be removed by the council for cause on a written charge after a public hearing. Board members serve for a term of two years beginning March 1st on the year of appointment. A vacancy on the Board of Adjustment shall be filled for the unexpired term. An individual board member may not act in an official capacity except through the action of the board. A regular board member who is absent for three consecutive regular meetings or one-third of all regular meetings in a "rolling" twelve month timeframe automatically vacates the member's position subject to the holdover provisions in Section 2-1-27 of the City Code. This does not apply to an absence due to illness or injury of the board member, an illness or injury of a board member's immediate family member, active military service or the birth or adoption of the board member's child for 90 days after the event. The board member must notify the staff liaison of the reason for the absence not later than the date of the next regular meeting of the board. Failure to notify the liaison before the next regular meeting of the board will result in an unexcused absence. At each meeting, each board member shall sign an attendance sheet which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign …
BOA fees are as follows (effective October 1, 2023): There is a reduced Residential Homestead Fee if the Liaison can verify in the Appraisal District’s website that it is the Homestead of the Homeowner listed on both the application & Appraisal District website. The reduced Residential Homestead fee does not apply to Commercial OR Sign variances, Interpretation or Appeal requests. Additional AE fee of $262 + AE Fee, will apply to all Variances and Special Exceptions other than Parking Variances only. Commercial and Residential (not homestead) Variance base fee $3,455.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 148.68 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $4,127.58 Special Exceptions Commercial & Residential (not homestead) Variance base fee $3,455.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 148.68 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $4,127.58 Residential (homestead) Variance base fee $ 500.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 30.48 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $1,054.38 Special Exceptions Residential (homestead) Variance base fee $ 500.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 30.48 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $1,054.38 Zoning Interpretations & Appeals Commercial and Residential Variance base fee $2,552.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 112.56 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $3,188.46 Commercial Sign variances Variance base fee $3,455.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 148.68 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $4,127.58
A COMMUNITY GUIDE TO THE CITY OF AUSTIN'S BOARD OF ADJUSTMENT: Practical Tips for Zoning Variances, Special Exceptions and Administrative Appeals Approved by the Board of Adjustment, on April 13, 2015, and prepared in collaboration with the City Law Department and Development Services Department. Chair Vice Chair Boardmembers: Don Leighton-Burwell, Melissa Hawthorne, Brooke Bailey Jessica Cohen Ada Corral William Hodge Rahm McDDaniel Darryl Pruett Veronica Rivera Yasmine Smith Michael Von Ohlen Legal Advisors: Lee Simmons Steven Maddoux Staff Support: Elaine Ramirez Diana Ramirez - Common examples of hardship include restraints, unusually if they are wants to preserve topographical lot shapes. Trees may constitute required them. lots with steep slopes, small lot area, or irregular or if an applicant to be preserved a hardship, - Personal troubles hardship. focus primarily circumstances, with neighbors, An applicant cannot be the sole basis for finding a but should may mention on characteristics such factors, itself. such as financial of the property or difficulties A hardship cannot be self-created. - An applicant based on conditions for a permit or site plan cannot claim a hardship for creating. that he or she is responsible - For example, if a structure is designed in a manner that fails to comply with regulations, hardship. Or, if a landowner pieces, hardship. the structure's subdivides he or she can't rely on their irregular shape to prove a a lot into irregular a non-compliance isn't A hardship where it's located. must be unique to the property, not general to the area - If steep slopes then neither hardship by itself. or small lots are common to a particular condition is sufficiently unique to constitute area, a - If a lot is entitled automatically relaxes small lots, then of a hardship. evidence the understanding area, development regulations. certain lot amnesty," under city code to "small which regulations for development be relied on as lot size alone should not with was approved of minimum lot Small lot amnesty that, with the exception would meet other site development - The City's example, regulations alone cannot be the hardship. cannot request a height variance and For an applicant BOA Community Guidebook -10 variance, different "hardship." the criteria kinds of situation exception and don't necessarily can be tailored require to address of for a special a showing In 2011, the City of Austin adopted a special exception designed periods required summarize followed to address of time …
BOARD OF ADJUSTMENT RULES OF PROCEDURE Approved by the Board of Adjustment on February 11, 2019 ARTICLE I. GENERAL PROVISIONS (A) Legal Authority & Jurisdiction. (1) The Board of Adjustment (“BOA” or “Board”) is a sovereign board established by the City Council pursuant to Subchapter A of Chapter 211 of the Texas Local Government Code (“Chapter 211”). The BOA derives its authority from state law, as well as City Code § 2-1-111 (Board of Adjustment) and Chapter 25-2 (Zoning). (2) As stated in Chapter 211 and the City Code, the BOA’s primary functions are to hear and decide: Requests for variances from site development regulations adopted under Chapter 25-2, Subchapter C (Use and Development Regulations) and from certain sign regulations under Chapter 25-10 (Sign Regulations); Requests for special exceptions from site development regulations, where expressly authorized by Code; and (c) Appeals of administrative decisions made in the enforcement and administration of City zoning regulations and decisions made in the enforcement of Chapter 211. (B) Rules of Procedure. (1) These Rules of Procedure (“Rules”) establish standards, guidelines, and requirements for: (a) the conduct of public hearings and the resolution of cases before the BOA; (b) applications for variances or administrative appeals; and processing of applications for variances and administrative appeals filed with the Development Services Department; and notification to the BOA of the filing of an application for a variance and administrative appeals. (a) (b) (c) (d) BOA Rules of Procedure – Page 1 of 16 (2) In the event of a conflict with City Code, Chapter 211 or other applicable law, the Code, Chapter 211 or other law supersedes these Rules. (3) Applicants should familiarize themselves with these Rules before filing an application or presenting a case to the BOA for decision. For more detailed information regarding Board and the rules for variances, special exceptions, and appeals, see the Board of Adjustment Community Guidebook, at: https://www.austintexas.gov/sites/default/files/files/Planning/Applicati ons_Forms/Board_of_Adjustment_Guidebook__July_2015_.pdf ARTICLE II. REQUIREMENTS FOR REQUESTING BOARD ACTION (A) Complete Application Required. All requests to the BOA shall be filed on an application form provided by the staff liaison. The staff liaison shall determine if an application is complete before accepting it for filing. (B) Timing of Submittal & Other Application Requirements. (1) Variances & Special Exceptions. (a) Except as provided in Paragraph (B)(1)(b), below, an application for a variance or special exception may be filed at any time provided that the Development Services …
From: To: Cc: Subject: Date: c Ramirez, Elaine " C15-2024-0015 1306 Rockcliff Rd. Friday, June 7, 2024 9:03:56 AM You don't often get email from c . Learn why this is important External Email - Exercise Caution Please add my letter to the packet so the board members can access prior to June 10 hearing. I will be attending the hearing in hopes of answering any questions as needed. Good morning Elaine! Thanks in advance, ~ Chris Renner 1306 Rockcliff Rd. C15-2024-0015 RE: 1306 Rockcliff Rd. Board of Adjustments Members, My name is Chris Renner, and I’m the homeowner of the property under review. I greatly appreciate the Board’s May 13 unanimous decision recognizing the numerous hardships our property faces in terms of compliance with the LA zoning regulations, including the unanimous approval of our 25’ to 0’ reduced shoreline setback. In reconsideration of our front setback, I’ve provided additional information and photos to David Chace our agent outlining the very specific hardship of our existing garage alignment in relation to the adjacent property along with providing NEW design renderings. My neighbor’s garage is 20’ from the front property line and 5’ from the side. My current garage has a 38’ setback and is angled directly towards my neighbor, creating a very awkward approach (see aerial photos). I apologize for not providing this information sooner, and would greatly appreciate and support the Reconsideration request to amend the May 13 BOA condition as it’s been currently outlined in the Reconsideration packet (to reduce the front setback to 20’ along the front facade of the house for approximately 96ft for the purpose of correcting the alignment and location of the garage in relation to the adjacent neighbor). I’ve spoken to the HOA as well as numerous neighbors about our request and nobody has any issue with this. Our request is specifically in keeping with neighborhood aesthetics (aligning my garage with my neighbor’s garage), and that *not* doing so would reflect a unreasonably unequal application of the applicable zoning standards on an otherwise ITEM02/1-LATE BACKUP overly regulated substandard lot. I will be attending the June 10 Reconsideration Hearing in person and will be available to answer any questions you may have at that time. Thank you in advance for your support, ~ Chris Renner 1306 Rockcliff Rd. ( CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0015 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____Margaret Shahrestani (D8) -OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: David Chace OWNER: Chris and Shannon Renner ADDRESS: 1306 ROCKCLIFF RD VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code: Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 20 feet (requested) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (east side) from 10 feet (required) to 5 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or is a legal tract exempt from the requirement to plat. For the above address the Subdivision Plat was recorded on December 1, 1976 Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) In this section: (1) SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. (2) SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the shoreline that is prescribed in this section. (3) SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. (B) This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1) The shoreline setback is: (a) 75 feet; or (b) 25 feet, if: (i) the lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the requirement to plat; and (ii) the distance between the shoreline and the front lot line, or the property line of a legal tract, is 200 feet or less. BOARD’S DECISION: BOA MEETING MAY 13, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Vice-Chair Melissa Hawthorne’s motion to …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0018 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____Margaret Shahrestani (D8) -OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Walter Olden ADDRESS: 921 52ND ST (requested) (requested), VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to: decrease the minimum street side yard setback from 15 feet (required) to 0 feet decrease the minimum rear yard setback from 10 feet (required) to 0 feet in order to complete a remodel and addition of 2nd FL residence to an existing detached garage in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: JUNE 10, 2024 Chair Jessica Cohen’s motion to postpone to July 8, 2024 (due to not having enough board members for voting purposes), Board member Suzanne Valentine second on 8-0 votes; POSTPONED TO JULY 8, 2024, at PDC, 6310 Wilhelmina Delco Drive, Event Center, 1st floor. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0019 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____Margaret Shahrestani (D8) -OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: David Chace OWNER: Michael and Caroline Hinson ADDRESS: 2913 WESTLAKE CV VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code: Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the two minimum interior side yards setback from 10 feet (required) to 5 feet (requested). Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (a) from shoreline setback requirements to decrease from 75 feet (required) to 50 feet (requested) for the portion within 40 feet of the north side property line. Section 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (maximum allowed) to 47.5 percent (requested), (54% existing) in order to complete a remodel and addition to an existing 2 story single-family residence in a “LA”, Lake Austin zoning district. Note: This subsection of the Land Development Code applies to a lot included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted, and that is located in an LA district. For the above address the LSD tract was acknowledged by COA per attached document as approved legal tract in March 2008 by COA DAC staff via C8I-2008-0096. The separate instrument #2004165487 for lot 14 Lago Valla Addition Subdivision deed was recorded in August 2004 but existed in current configuration March 1982 per Volume 8027, page 352 T.C.P.R then received utility service May 1984. In this section: SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) (1) (2) shoreline that is prescribed in this section. (3) setback. SHORELINE SETBACK AREA means an area between the shoreline and the shoreline (B) This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1) The shoreline setback is: …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday June 10, 2024 CASE NUMBER: C15-2024-0022 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) -OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) -OUT ___Y____Jeffery Bowen (D6) ___-____Janel Venzant (D7) -OUT ___-____Margaret Shahrestani (D8) -OUT ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___Y____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Gerardo Maximiliano Martinez ADDRESS: 1012 VARGAS RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from lot width requirements to decrease the front lot width from 50 feet (required) to 44 feet (requested), in order to subdivide one lot into two separate lots in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Montopolis Neighborhood Plan). BOARD’S DECISION: JUNE 10, 2024 Chair Jessica Cohen’s motion to postpone to July 8, 2024 (due to not having enough board members for voting purposes), Board member Suzanne Valentine second on 8-0 votes; POSTPONED TO JULY 8, 2024, at PDC, 6310 Wilhelmina Delco Drive, Event Center, 1st floor. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Chair for
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, June 10, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, June 10, 2024, at 6310 Wilhelmina Delco Drive in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:54 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair Board Members/Commissioners in Attendance Remotely: Thomas Ates, Jeffery Bowen, Brian Poteet, Yung-ju Kim, Marcel Gutierrez-Garza, Michael Von Ohlen, Suzanne Valentine (Alternate) Board Member/Commissioners absent: Melissa Hawthorne-Vice Chair, Maggie Shahrestani, Bianca A. Medina-Leal, Janel Venzant PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on May 13, 2024. On-Line Link: DRAFT MINUTES May 13, 2024 The minutes from the meeting May 13, 2024, were approved on Board member’s Marcel Gutierrez-Garza motion, Board member Brian Poteet second on a 7-0-1 vote (Board member Michael Von Ohlen abstained). PUBLIC HEARINGS Discussion and action on the following cases. Due to not having enough board members for voting purposes, all cases: Item 2, Item 3, Item 4, Item 5 are postponed to July 8, 2024, at PDC, 6310 Wilhelmina Delco Drive, Event Center, 1st floor. Reconsideration cases: 2. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3, PART4 The applicant is requesting the following variance(s) from the Land Development Code: Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 20 feet (requested) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (east side) from 10 feet (required) to 5 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or is a legal tract exempt …
BOARD OF ADJUSTMENT SPECIAL CALLED MEETING – Training Session BOARDS AND COMMISSION ROOM 1101 MINUTES Thursday, February 22, 2024 The BOARD OF ADJUSTMENT convened in a Special Called Meeting – Training Session on Thursday, February 22, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 1:15 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Marcel Gutierrez-Garza, Brian Poteet, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Maggie Shahrestani, Yung-ju Kim Board Member/Commissioners absent: Thomas Ates, Janel Venzant, Kelly Blume (Alternate) and Suzanne Valentine (Alternate) Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. No actions or votes will be taken. 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. CALL TO ORDER 1:15 PM TRAINING SESSION Board of Adjustment Deep Dive: Key Topics & Issues 1. Overview -Brent Lloyd (BOA) remote participation by telephone. To remotely, register speak to General Background The history of BOAs & their role in zoning Creation of Austin’s BOA What BOAs do: Variances Special Exceptions Appeals Variances: Criteria for Approval & Other Considerations What constitutes a “hardship”? When is a property deprived of “reasonable use”? What does it mean to alter “area character? Variance conditions – what are they for and when are they appropriate? New state legislation affecting BOA variance criteria? Special Exceptions Administrative Appeals What are they, and how are they different from variances? Austin’s use of special exceptions? What’s an appeal, and how is it different than a variance or exception? Considerations unique to appeals. Issues Specific to Residential Review -Alex Creel and Mike Peralta (Residential Review) Subchapter F (Residential Design & Compatibility) Special Exceptions Other issues Environmental & Lake Austin Issues -John Clement (WPD) Lake Austin Regulations Heritage Tree Issues Related topics 4. Boat Docks & Compatibility- Clarissa Davis (LUR) ADJOURNMENT 3:30PM The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, March 11, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, March 11, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:39 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Marcel Gutierrez-Garza, Brian Poteet, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Thomas Ates, Maggie Shahrestani, Yung-ju Kim, Janel Venzant Board Member/Commissioners absent: 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 January 8, 2024. On-Line Link: DRAFT MINUTES January 8, 2024 The minutes from the meeting of January 8, 2024 were approved on Vice-Chair Melissa Hawthorne’s motion, Board Member Marcel Gutierrez-Garza second on a 6-0 vote (Board members Thomas Ates, Yung-ju Kim, Janel Venzant, Maggie Shahrestani off dais-virtual). PUBLIC HEARINGS Discussion and action on the following cases. New Variance cases: 2. 3. C15-2024-0004 Leah Peraldo for Paige Mycoskie 3200 Stratford Hills Lane On-Line Link: ITEM02 ADV PACKET; AE REPORT; NO PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) (F) (1) to increase the height permitted from six (6) feet (required) to twelve (12) feet (requested), in order to erect a fence on west property line in an “PUD”, Planned Unit Development zoning district. Note: The Land Development Code 25-2-899 Fences as Accessory Uses (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. The public hearing was closed by …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0013 BOA DATE: May 13th, 2024 ADDRESS: 3701 Robbins Rd OWNER: Veronica Lew COUNCIL DISTRICT: 10 AGENT: Bhavani Singal ZONING: LA LEGAL DESCRIPTION: ABS 437 SUR 1 JETT J ACR 0.505 OR LOT B OAK SHORES UNRECORDED VARIANCE REQUEST: side property line & interior side yard setback requirements of 10 feet to 0 feet. SUMMARY: erect a Boat Dock ISSUES: surrounding wetland is well established ZONING LAND USES LA SF-2 Site North South LA East West SF-2; LA SF-2 Single-Family Single-Family Lake Austin Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: 2222 Coalition of Neighborhood Associations, Inc. Austin Independent School District Canyon Creek H.O.A. Friends of Austin Neighborhoods Glenlake Neighborhood Association Lake Austin Collective Non-Profit Lake Austin Ranch Long Canyon Homeowners Assn Long Canyon Phase II & III Homeowners Assn Inc. River Place HOA Steiner Ranch Master Association, Inc. TNR BCP – Travis County Natural Resources Item02/1 April 16, 2024 Vani Singal, Workshop No. 5 5409 Woodrow Ave #C Austin TX, 78756 Re: C15-2024-0013 Dear Vani, Property Description: ABS 437 SUR 1 JETT J ACR 0.505 OR LOT B OAK SHORES UNRECORDED 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 25-2-1176(A)(3) at 3701 Robbins Rd. 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 III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com Item02/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + …
