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 F-2/1 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, …
F-2/75 From: To: Subject: Date: Jon Kaplan - UBSTX Ramirez, Elaine Postponement Request - C15-2022-0011 + C15-2022-0012 Thursday, May 05, 2022 11:56:24 AM *** External Email - Exercise Caution *** To the Board of Adjustments. I am writing to formally request a 30-day postponement in my hearing date to be able to gather all the requested information for our case. This time is primarily needed to have the civil engineer design the water mitigation plan that was requested. Please let me know if you have any questions. Regards Jon Kaplan C.P.B.D. - 44-752 ICC Combination Inspector - 9061592 Urban Building Services of Texas LLC www.ubstx.com J P: (512) 768-2789 EXT: 501 CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. 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-2/76 Ramirez, Diana From: Sent: To: Subject: Attachments: Hilary Brown Friday, May 6, 2022 12:41 PM Ramirez, Elaine Opposition to G-1 C15-2022-0011 & G-2 C15-2022-0012) 81EaZ2ZYRk2DOBEGKQPGzA.jpg; JOibv6DRSKKUMzMUZxOHKw.jpg; dc30F77nTb2OhJI%u2P0WQ.jpg; IMG_8316.JPG *** External Email - Exercise Caution *** Email regarding: 2715 Long Bow Trail (case G-1 C15-2022-0011) and 2717 Long Bow Trail (case G-2 C15-2022-0012) Ms. Ramirez, My name is Hilary Brown, I am an Apache Shores resident, my home address is 14404 Hunters Pass. I am also a Texas Master Naturalist, a Master Birder, and a former employee of the USDA, Forest Service. I implore the council reviewing the two cases above to deny the variance request. These lots were purchased by developers who do not live in our community, their sole objective is building large houses to maximize their financial gain, the concerns of this community do not impact them. The houses they have built in Apache Shores so far have …
AGENDA BOARD OF ADJUSTMENT June 13, 2022 at 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by 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 remote participation. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Sunday, June 12, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett 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 CALL TO ORDER ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) 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 May 9, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS NEW PUBLIC HEARINGS C-1 C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 On-Line Link: Item C-1; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) square feet (requested) and b) (requested) in order …
June 9, 2022 Tony Nguyen 4507 N IH 35 Svrd NB Austin TX, 78722 Re: C16-2022-0004 Dear Tony, Property Description: LOT 1 TERRY ROSS ADDN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Sections 25-10-123 (B)(2)(a)(i) and (B)(3)(a) at 4507 N IH 35. Austin Energy cannot approve the variance request at this time, as more time is needed to research whether the proposed sign can meet required clearances from the existing overhead electric lines located adjacent to this site. A decision will be reached regarding this variance request prior to the July 2022 Board of Adjustments hearing. 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 Cody.Shook@austinenergy.com C-1/1-AE REPORT
C-1/1-LATE BACKUP From: To: Subject: Date: Attachments: Stefan Sinclair Ramirez, Elaine C16-2022-0004 : Code variance request for sign on IH-35 Srvc Rd / Delwood2 Thursday, June 09, 2022 9:41:09 AM Sign04_2009.png *** External Email - Exercise Caution *** Good morning Ms. Ramirez, My name is Stefan Sinclair, and I live on Bentwood Road in the Delwood 2 neighborhood of Austin TX. We were made aware of a request for variance in sign height for the sign at the law office on the IH-35 service road of our neighborhood, case number C16-2022-0004 - and as a resident in the neighborhood I wanted to voice our household's opposition to this variance request. We feel that an increase in sign height is not warranted, and would have a negative impact on our neighbors who live behind the law office in question requesting the variance. An increase in sign height has the potential to bleed light into the homes behind the law office, and would negatively impact the residential character of our neighborhood. Also, as a long-time resident of the neighborhood, I've observed how the sign has become obscured over time simply by virtue of one tree on the law office property that has grown over time to a height which obscures the sign. An increase in sign height is not going to prevent this tree from continuing to grow and obscure the sign once again at a greater height. Regular pruning of the tree seems a viable alternative. I have attached some photos of the sign and surrounding area to illustrate. Sign01_06082022 was taken yesterday (June 8). It shows the sign as viewed from IH-35. The advertisement portion is clearly visible from the highway, however the digital clock below is obstructed by the tree canopy. Sign02_06082022 taken yesterday shows the same area from the service road height Sign03_06082022 shows the sign as viewed from the sidewalk when walking along the service road. The sign is completely obscured by the tree from this angle. Sign04_2009 is a Google Street View shot of the same area taken in 2009, when the tree on the property was much shorter. As you can see, at that time the advertisement and digital clock were both visible. Thank you for considering our opposition to this request for code variance in this matter. Sincerely, Stefan Sinclair Delwood 2 resident C-1/2-LATE BACKUP C-1/3-LATE BACKUP C-1/4-LATE BACKUP C-1/5-LATE BACKUP C-1/6-LATE BACKUP From: …
From: Subject: Date: Attachments: Target 2409 Austin Monday, June 06, 2022 4:27:55 PM image001.png *** External Email - Exercise Caution *** I would like to postpone the variance hearing for the Target to the July 11th meeting. Thank you MAY GOD BLESS YOU , Tambra A. Nance Director of Operations TITAN Services, LLC P: (817)778-9195 M: (817)948-5897 W: www.pstitan.com 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. D-1/1-LATE BACKUP
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. E-1/1-LATE BACKUP
From: To: Subject: Date: Stephen Stepka Ramirez, Elaine Case # C15-2022-0047 Wednesday, June 08, 2022 11:58:59 AM *** External Email - Exercise Caution *** Elaine, Please RSVP that you received this email. Thank you. I was told that replying by email was a satisfactory way to respond to a Public Hearing Notice I recently received in the mail. I am responding to case # C15-2022-0047 for the Board of Adjustment to be heard on June 13, 2022. You are the contact person listed. I object to the proposed code variance request. I feel that instead of reducing the required 10' setback to the proposed 5' on the Rear Yard Setback and compromising their neighbor they should add the 5' they are trying to gain to the front of the Garage/Studio which has ample distance to accommodate the 5'. This added 5' should be on the front side of the building that faces E.46th St. instead of compromising the neighbor and the Rear Yard Setback. Thank you. 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. E-3/1-LATE BACKUP
*** External Email - Exercise Caution *** From: To: Subject: Date: David Ramirez, Elaine case C15-2022-0447 Saturday, June 04, 2022 12:52:14 PM case C15-2022-0447 4522 Caswell Ave We are in favor of the requested variance. David Orr 4509 Avenue F Austin, TX 78751 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. E-3/1-LATE BACKUP E-3/2-LATE BACKUP 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. *** External Email - Exercise Caution *** From: E-3/3-LATE BACKUP
Cindy Marabito From: To: Subject: Date: Attachments: Fwd: Comments Case #C15-2022-0011 #C15-2022-0012 Saturday, June 11, 2022 10:51:44 AM Screen Shot 2022-06-07 at 4.40.21 PM.png Screen Shot 2022-06-07 at 4.40.21 PM.png Elaine…Karl has been attending these meetings in person and was unaware the case(s) had been postponed again. Would you please include his (attached) commentary for the board to review with our other objections this Monday June 13? Thank you so much!! Cindy *** External Email - Exercise Caution *** From: Karl Van Nostrand < Subject: Re: Comments Case #C15-2022-0011 #C15-2022-0012 Date: June 11, 2022 at 10:28:12 AM CDT To: Cindy Marabito < Hi Cindy, how are you? Are you going to comment at the BOA meeting? I'm not going to be here (I thought this thing was finished already!). We're going out of town. I've been going in person but haven't done the online meeting. If you are commenting, would mind reading my note for the adjustment board. Feel free to forward it to the adjustors if necessary. Thanks KV. Here it is: I'm here to discuss the developers' request for hardship in comparison to the lot next door. The developer sited the lot next door as the reason for the hardship, and I'd like to tell you about those lots. The property next door has a reasonable sized home and minimal impervious cover and has preserved the heritage oak on the property. The lot next door also has undisturbed non impervious cover to absorb runoff into lake Austin. I don't think there is sufficient hardship for the developers request to increase the impervious cover to the extent they're asking based on the comparison of the lot next door. I'm not against the developer from building on his property, I think the variance should be in line with what is reasonable within the code and based on comparison to other lots. Thanks. On Tue, Jun 7, 2022, 4:44 PM Cindy Marabito > wrote: FYI I have been in touch with Elaine to make sure my own objections and photos were included for the upcoming meeting scheduled for this coming Monday @ 5:30. She wrote back and offered this link which shows the owner’s complete request along with out objections. I was shocked to see a tree guy opting to get rid of the oaks..at least that is how I read it! See below first page of tree report and the …
From: To: Subject: Date: Attachments: Cindy Marabito Ramirez, Elaine; Fwd: Comments Case #C15-2022-0011 #C15-2022-0012 Saturday, June 11, 2022 10:51:44 AM Screen Shot 2022-06-07 at 4.40.21 PM.png Screen Shot 2022-06-07 at 4.40.21 PM.png Elaine…Karl has been attending these meetings in person and was unaware the case(s) had been postponed again. Would you please include his (attached) commentary for the board to review with our other objections this Monday June 13? Thank you so much!! Cindy *** External Email - Exercise Caution *** From: Karl Van Nostrand <k Subject: Re: Comments Case #C15-2022-0011 #C15-2022-0012 Date: June 11, 2022 at 10:28:12 AM CDT To: Cindy Marabito > Hi Cindy, how are you? Are you going to comment at the BOA meeting? I'm not going to be here (I thought this thing was finished already!). We're going out of town. I've been going in person but haven't done the online meeting. If you are commenting, would mind reading my note for the adjustment board. Feel free to forward it to the adjustors if necessary. Thanks KV. Here it is: I'm here to discuss the developers' request for hardship in comparison to the lot next door. The developer sited the lot next door as the reason for the hardship, and I'd like to tell you about those lots. The property next door has a reasonable sized home and minimal impervious cover and has preserved the heritage oak on the property. The lot next door also has undisturbed non impervious cover to absorb runoff into lake Austin. I don't think there is sufficient hardship for the developers request to increase the impervious cover to the extent they're asking based on the comparison of the lot next door. I'm not against the developer from building on his property, I think the variance should be in line with what is reasonable within the code and based on comparison to other lots. Thanks. On Tue, Jun 7, 2022, 4:44 PM Cindy Marabito <d wrote: FYI I have been in touch with Elaine to make sure my own objections and photos were included for the upcoming meeting scheduled for this coming Monday @ 5:30. She wrote back and offered this link which shows the owner’s complete request along with out objections. I was shocked to see a tree guy opting to get rid of the oaks..at least that is how I read it! See below first page of tree report …
From: To: Subject: Date: Attachments: Nathan Hobbs Ramirez, Elaine RE: REMINDER: June 13, 2022 PRESENTATION deadline & Virtual Registration deadline Monday, June 06, 2022 3:21:02 PM image001.png image002.png image003.png *** External Email - Exercise Caution *** Yes, thank you for all of your help. From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Monday, June 6, 2022 2:42 PM Subject: RE: REMINDER: June 13, 2022 PRESENTATION deadline & Virtual Registration deadline Ok Nathan so it sounds like you will be withdrawing your variance request, correct? 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: Nathan Hobbs [ Sent: Monday, June 06, 2022 10:28 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Re: REMINDER: June 13, 2022 PRESENTATION deadline & Virtual Registration deadline *** External Email - Exercise Caution *** Elaine, great news I meet with them on Friday and they informed me I will not need a variance. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android G-1/1-LATE BACKUP From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Monday, June 6, 2022 8:27:37 AM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: REMINDER: June 13, 2022 PRESENTATION deadline & Virtual Registration deadline Good morning Applicants on the Mon. June 13th, 2022 BOA mtg. Agenda, Please read this entire e-mail and note all deadlines The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is TODAY, Monday, June 6th, before 3p.m. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) The deadline for Applicants participating virtually (must be by deadline, no late virtual applicant/additional speakers will be able to register) is TODAY, Monday, June 6th, before 3p.m. Presentation: If you would like the Board to follow along with you as you are giving your presentation (You will have 5 minutes to hone in on the main aspects of the case as you are presenting the case to the Board), you will need to have …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: June 13, 2022 CASE NUMBER: C16-2022-0004 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne OUT _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Apple Tree Holdings LLC-Tony Nguyen ADDRESS: 4507 IH 35 SVRD NB 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) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square a) feet (requested) and (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in b) order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office- Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a)on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot width more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (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: BOA MEETING JUNE 13, 2022 POSTPONED TO JULY 11, 2022 (AE DENIAL) 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, 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: FINDING: because: OR, OR, AND, ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: June 13, 2022 CASE NUMBER: C16-2022-0001 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne OUT _______Barbara Mcarthur _______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; June 13, 2022 POSTPONED TO JULY 11, 2022 AS PER APPLICANT’S REQUEST 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 ____________________________ for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne OUT ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___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. 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-2 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0044 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne OUT ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jason Fryer OWNER: Lucas Schlager ADDRESS: 1907 9TH ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (C) (2) (a) for 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) in order to erect a principle Single Family Residence to the rear of existing Secondary Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Central East Austin Neighborhood Plan) Note: Per LDC (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 Applicant is proposing to change use of Principal structure (front) to the Two-Family Residential Use and construct a detached Principal Structure to the rear. BOARD’S DECISION: BOA MEETING JUNE 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with conditions that the city approves a root mitigation plan to the city arborist for approval in which tree the critical root zone is being impacted, no STR and limited to 0.4 FAR; Board member Darryl Pruett seconds on a 11-0, vote; GRANTED WITH CONDITIONS THAT THE CITY APPROVES A ROOT MITIGATION PLAN TO THE CITY ARBORIST FOR APPROVAL IN WHICH TREE THE CRITICAL ROOT ZONE IS BEING IMPACTED, NO STR AND LIMIT TO 0.4 FAR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: LDC 25-2-774 c.2.c require significant modification/demolition of the existing structure in order to add an ADU to the rear of the structure and increase the size of the primary structure, building a new primary structure in the front and a new ADU to the rear would eliminate an excellent example of 1940s architecture. 2. (a) The hardship for which the variance is requested is unique to the property in that: the property …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0047 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne OUT ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______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. 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
