Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
Variance Presentation Property Address: 1446 Rockcliff Rd. Case Number: C15-2023-0048 Presenter: Jon Fichter, Aqua Permits Second Hearing ITEM06/1-PRESENTATION 1446 Rockcliff Road ITEM06/2-PRESENTATION Seeking Variance From: LDC 25-2-1176 (A)(5)- The footprint of a dock, including the portion of a cut-in slip, attached access structures, or roof overhang, may not exceed: (a) 1,200 square feet for a dock that is accessory to a principal residential use. -For the permitting and construction of a new 1135 sq ft boat dock which amounts to 2235 sq ft in total To allow: ITEM06/3-PRESENTATION Reason for Seeking Variance The existing boat dock on the property is inaccessible due to vegetation and sedimentation accumulation in the narrow channel where it resides. Our client cannot use the existing boat dock or channel leading to the existing boat dock without subjecting their boat to running aground or hitting tree roots and damaging their boat in the process. ITEM06/4-PRESENTATION First Variance Hearing Recap: The BOA were amenable to the location/square footage of the proposed boat dock. However, more information was requested regarding the existing boat dock, its current use, and the pros/cons of removal vs. repurposing the structure. Important Items to consider: ● ● ● ● The existing dock, it’s permitting history, and its location on the property. The footprint of the dock over water vs. over land. The current (permitted) use of the dock as dry storage. The impact of removing the dock to the surrounding ecosystem. ITEM06/5-PRESENTATION 1446 Rockcliff Road ● ● Location of existing boat dock shown in blue Existing boat dock sits at the end of a 150 foot channel shown in red ITEM06/6-PRESENTATION 1446 Rockcliff Road ● ● ● ● The existing boat dock lies tucked away at the end of this channel. Navigating the channel is challenging with the natural boundaries; adding in years of sediment buildup coupled with the advancement of wetland environments has made it increasingly impassible. Additionally, the canopy of the trees along the channel poses a risk to harming the tree or the boat. These trees often drop branches into the channel as well. ITEM06/7-PRESENTATION 1446 Rockcliff Road ● ● ● ● The existing boat dock situated at the end of the channel Note the tree canopy overhanging the boat dock. Removal of the boat dock would pose disturbance to the canopy. The prior variance hearing for this property dealt primarily with the ecological effects of removing the boat dock. …
BOA Monthly Report July 2023-June 2024 1 0 5 4 December 11, 2023 Granted 1. 25-2-492 (Site Development Regulations) from: a) setback requirements to decrease the minimum front yard setback and b) impervious coverage requirements to increase I.C. 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 3. 25-2-492 (Site Development Regulations) from a) setback requirements to decrease the minimum front yard setback and b) Section 25-2-1604 (Garage Placement) (C) (1) parking structure 4. 25-2-492 (Site Development Regulations) from two setback requirements: to decrease the front yard setback and to decrease the minimum interior side yards setbacks (BAAP Special Exception) Postponed 1. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (5) (a) to increase the footprint of a boat dock Withdrawn 0 Denied Discussion Items Dec 11 Interpretations Dec 11 Special Exceptions cases Dec 11 BAAP Special Exceptions cases Dec 11 BAAP cases The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: NONE; 2 vacant positions (D2 and Alternate) November 13, 2023 Granted 1. 25-2-814 (Service Station Use) (3) to increase the maximum number of vehicle queue lanes 2. 25-2-492 (Site Development Regulations) to decrease the minimum lot width Postponed 1. 25-2-492 (Site Development Regulations) from two setback requirements, to decrease the front yard setback and to decrease the minimum interior side yards setbacks (BAAP Special Exception) 0 0 1 (Appvd Dec11) 0 (Added Dec11# 2023) 20 7 0 0 29 2 1 0 3 1 16 6 0 2 24 (Added Nov13# 2023) 0 0 1 (PP to Dec 11-due to Life safety report) 0 Withdrawn 0 Denied Discussion Items Nov 13 Interpretations Nov 13 Special Exceptions cases Nov 13 BAAP Special Exceptions cases Nov 13 BAAP cases The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Janel Venzant; 2 vacant positions (D2 and Alternate) October 9, 2023 Granted 1. 25-2-492 (Site Development Regulations) from Impervious Cover Postponed Withdrawn 0 Denied 1 Reconsideration 1. Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R Discussion Items Oct 9 Interpretations Oct 9 Special Exceptions cases Oct 9 BAAP Special Exceptions cases Oct 9 BAAP cases The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Michael Von Ohlen, Marcel Gutierrez-Garza and Thomas Ates; …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday January 8, 2024 CASE NUMBER: C15-2023-0051 ___Y____Thomas Ates (D1) ___-____VACANT (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Marcel Gutierrez-Garza (M) ___-____Kelly Blume (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Linda Sullivan OWNER: Suzanne McFayden-Smith (Lotus Management Trust) ADDRESS: 4400 WATERFORD PL VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2- 551 (Lake Austin District Regulations) (C) (2); (a) increase the maximum impervious cover on a slope with a gradient of 25 percent or less from 20 percent (maximum allowed) to 47.4 percent (requested) and (b) increase the maximum impervious cover on a slope with a gradient of 25 percent and not more than 35 percent from 10 percent (maximum allowed) to 17.8 percent (requested), in order to remodel an uncovered wood deck in a “LA” and “DR”, Lake Austin and Development Reserve zoning district. Note: 25-2-551 Lake Austin (LA) District Regulations (C) This subsection specifies lot width and impervious cover restrictions in a Lake Austin (LA) district. (2)For a lot included in a subdivision plat recorded after April 22, 1982, impervious cover may not exceed: (a) 20 percent, on a slope with a gradient of 25 percent or less; (b) 10 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (c) if impervious cover is transferred under Subsection (D), 30 percent. For the above address the Subdivision Plat was recorded on January 27, 1986 BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen motions to approve to increase the maximum impervious cover on a slope with a gradient of 25 percent or less to 38.6 percent and approve no increase but to allow the removal and replacement of the current impervious cover that is on a slope with the gradient of 25 percent and not more than 35 percent and tie to the presentation documentation Item03/8; Board member Micheal Von Ohlen seconds on 10-0 votes; GRANTED TO INCREASE THE MAXIMUM IMPERVIOUS COVER ON A SLOPE WITH A GRADIENT OF 25 PERCENT OR LESS TO 38.6 PERCENT AND APPROVE NO INCREASE BUT TO ALLOW THE REMOVAL AND REPLACEMENT OF THE CURRENT IMPERVIOUS COVER THAT IS ON …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday January 8, 2024 CASE NUMBER: C15-2024-0001 ___Y___Thomas Ates (D1) ___-____VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) -- ABSTAINED ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-____Kelly Blume (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Rodney Bennett OWNER: Asim Dhital ADDRESS: 8315 BURRELL DR 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 front yard setback from 25 feet (required) to 14 feet (requested), in order to erect a Carport to an existing 1 story Single-Family residence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Wooten Neighborhood Plan). BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with conditions that carport remain open on all 3 sides and provide gutters on the interior yard side setback of the carport; Board member Melissa Hawthorne seconds on 9-0-1 votes (Board member Jeffery Bowen abstained); GRANTED WITH CONDITIONS THAT CARPORT REMAIN OPEN ON ALL 3 SIDES AND PROVIDE GUTTERS ON THE INTERIOR SIDE YARD SETBACK OF THE CARPORT. FINDING: 1. The Zoning regulations applicable to the property do not allow for reasonable use because: it does not take into consideration the character of the neighborhood, specifically the amount of non-conforming carports in the setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: if a carport were to be built any place else, it would require the driveway to be relocated over the critical root zone of a heritage tree and also has irregular shape of the lot that limits their ability to located it elsewhere. (b) The hardship is not general to the area in which the property is located because: there are other carports that are in the front setback on Burrell Drive. 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: there are at minimum 3 carports on Burrell that are in same situation, and therefore the area of character will remain …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday January 8, 2024 CASE NUMBER: C15-2024-0003 ___Y___Thomas Ates (D1) ___-____VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) -- ABSTAINED ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-____Kelly Blume (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Richard Suttle OWNER: DC-2422, LLC ADDRESS: 2408, 2410, 2414, 2418, 2422, 2428 E 7TH Street VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites): (a) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and 30 feet (maximum allowed) to three (3) stories and 35 feet (requested), (b) (C) (2) (a) from height limitations to increase the height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 45 feet (requested) and (c) (C) (3) (a) from height limitations to increase the height limit from 40 feet plus one foot for each 10 feet of distance (maximum allowed) to 58 feet (requested), in order to erect an Office building in a “CS-CO-NP”, General Commercial Services-Conditional Overlay-Neighborhood Plan zoning district (Govalle Neighborhood Plan). Note: The Land Development Code Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) The height limitations for a structure are (1) two stories and 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district. (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (a) in an SF-5 or more restrictive zoning district. (3) for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve; Board member Michael Von Ohlen seconds on 9-0-1 (Board member Jeffery Bowen abstained) votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the subject property is uniquely shaped as …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday January 8, 2023 CASE NUMBER: C15-2023-0048 ___Y___Thomas Ates (D1) ___-____VACANT (D2) ___Y___Jessica Cohen (D3) ___Y___Yung-ju Kim (D4) ___Y___Melissa Hawthorne (D5) ___Y___Jeffery Bowen (D6) ___Y___Janel Venzant (D7) ___Y___Margaret Shahrestani (D8) ___Y___Brian Poteet (D9) ___Y___Michael Von Ohlen (D10) ___Y___Marcel Gutierrez-Garza (M) ___-____Kelly Blume (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Stephen Hawkins OWNER: Willow Beach, LLC ADDRESS: 1446 ROCKCLIFF RD VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (5) (a) to increase the footprint of a boat dock from 1,200 square feet (maximum allowed) to 2,235 square feet (requested), in order to erect a second boat dock in a “LA”, Lake Austin zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and other Lakefront Uses (A) (5) The footprint of a dock, including the portion of a cut-in slip, attached access structures, or roof overhang, may not exceed: (a) 1,200 square feet for a dock that is accessory to a principal residential use A dock or similar structure must comply with the requirements of this subsection. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Maggie Shahrestani motions to postpone to January 8, 2024; Board member Jeffery Bowen seconds on 10-0 votes; POSTPONED TO JANUARY 8, 2024, Jan 8, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Maggie Shahrestani motions to Deny; Board member Micheal Von Ohlen seconds on a NO vote; Board member Micheal Von Ohlen pulled his 2nd to Deny and a substitute motion was made by Board member Melissa Hawthorne to postpone to August 12, 2024, Board member Michael Von Ohlen seconds on 10-0 votes; POSTPONED TO AUGUST 12, 2024. 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: …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, January 8, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, January 8, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:44 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Brian Poteet, Maggie Shahrestani, Michael Von Ohlen, Janel Venzant Board Members/Commissioners in Attendance Remotely: Thomas Ates, Marcel Gutierrez-Garza, Yung-ji Kim 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 December 11, 2023. On-Line Link: DRAFT MINUTES December 11, 2023 Vice-Chair Melissa Hawthorne motions to approve the minutes for December 11, 2023, Board member Michael Von Ohlen seconds on 10-0; APPROVED MINUTES FOR December 11, 2023. PUBLIC HEARINGS Discussion and action on the following cases. New Variance cases: C15-2023-0051 Linda Sullivan for Suzanne McFayden-Smith – Lotus Management 3. Trust 4400 Waterford Place On-Line Link: ITEM03 ADV PACKET; PRESENTATION; AE APPROVAL The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations): 25-2-551(C)(2)(a) increase the maximum impervious cover on a slope with a gradient of 25 percent or less from 20 percent (maximum allowed) to 47.4 percent (requested), and 25-2-551(C)(2)(b) increase the maximum impervious cover on a slope with a gradient of 25 percent and not more than 35 percent from 10 percent (maximum allowed) to 17.8 percent (requested), in order to remodel an uncovered wood deck in a “LA” and “DR”, Lake Austin and Development Reserve zoning district. Note: 25-2-551 Lake Austin (LA) District Regulations (C) This subsection specifies lot width and impervious cover restrictions in a Lake Austin (LA) district. (2) For a lot included in a subdivision plat recorded after April 22, 1982, impervious cover may not exceed: (a) 20 percent, on a slope with a gradient of 25 percent or less; (b) 10 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (c) if impervious cover is transferred under Subsection (D), 30 percent. For the above address the Subdivision …
BOA Monthly Report July 2022-June 2023 November 14, 2022 5 Granted 1. 25-10-101 (General On-Premise Signs), a) (B)(1)(b) to exceed sign area and b) (B) (1)(c)(ii) to exceed sign height of building façade 2. 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback 4. 25-2-774 (Two-Family Residential Use) a) (C) (2) (a) for a Two-Family Residential use location and b) (C) (5) (a) to increase the total square footage of a Secondary Dwelling unit 5. 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (B) (1) from setback requirements to decrease the setback and b) (C) (1) (a) from height limitations to increase the height limit 0 1 3 Postponed Denied 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback Withdrawn 2 1. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 2. 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback Discussion Items Nov 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Vacant position Agustina Rodriguez, Richard Smith and Nicholl Wade (Added NOV14# 2022) 18 19 3 3 19 October 10, 2022 5 3 Granted 1. 25-2-1063 (Height Limitations and Setbacks for Large Sites)- 1.For triggering property at 608 Baylor St: a)(B) (1) from setback requirements to decrease the setback and b)(C) (1) (a) from height limitations to increase the height limit and c)(C) (2) (a) from height limitations to increase the height and d)(C) (3) (a) to increase allowed height -2.For triggering property at 611 Blanco St a)(C) (2) (a) from height limitations to increase the height limit and b)(C) (3) to increase the height -3.For triggering property at 612 Blanco St (C) (3) to increase allowed height 2. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) from: (A) (2) to extend the dock length 3. 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) (C) (1) (a) from height limitations to increase the height limit from two (2) stories and Section 25-2-1064 (Front Setback): c) (1) (a) to decrease the front setback Postponed 1. 25-10-123 (Expressway Corridor Sign District Regulations): a)(B) (2) (b) (i) to exceed sign area and b) (B) (3) …
1. BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, November 14, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, November 14, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:51 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) and Kelly Blume (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates, Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Carrie Waller (Alternate) Board Member/Commissioners absent: Agustina Rodriguez, Richard Smith, Nicholl Wade PUBLIC COMMUNICATION: GENERAL None PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES Approve the minutes of the Board of Adjustment Regular meeting on October 10, 2022. On-Line Link: Draft minutes October 10, 2022 Board Member Brooke Bailey motions to approve the minutes for October 10, 2022, Board member Marcel Gutierrez-Garza seconds on a 9-0 votes (Board member Thomas Ates technical issues); APPROVED MINUTES FOR OCTOBER 10, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting Withdrawals for Item 4 and Item 7. Sign New case: 3. C16-2022-0011 Ezzi Signs for Michael Mann 7309 Lazy Creek Drive (B)(1)(b) to exceed sign area of 12 square feet (maximum allowed) to 80 square (B) (1)(c)(ii) to exceed sign height of building façade, 30 feet (maximum allowed) On-Line Link: Item-3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10 Sign Regulations, Article 5 Regulations applicable to all Sign Districts, Section 25- 10-101 (General On-Premise Signs), requesting a total of 1 sign(s) on the property a) feet (requested) and b) to 36 feet (requested) in order to attach a wall sign on a two-story school building in a “SF-3”, Single-Family zoning district. Note: The Land Development Code Sign Regulations 25-10-101 General On-Premise signs (B) Signs for Commercial, Multi-Family, Civic and Industrial Uses. Unless specifically limited to a particular use, the following signs are allowed on a site containing any lawfully permitted commercial, multi-family, civic, or industrial use; (1) A freestanding or wall sign, such as those typically used to direct the …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-3 DATE: October 10, 2022 CASE NUMBER: C16-2022-0004 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) 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. ITEM3/1 (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); JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY BOARD (AE DENIAL); Aug 8, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Brooke Bailey motions to postpone to October 10, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO OCTOBER 10, 2022. Oct 10, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to December 12, 2022; Board member Brooke Bailey second on 9-0 vote; POSTPONED TO DECEMBER 12, 2022. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide …
ITEM3/169 ITEM3/170 ITEM3/171 From: To: Subject: Date: Clare Glinka Ramirez, Elaine Code Variance Request C16-2022-0004 Monday, October 10, 2022 8:50:46 AM *** External Email - Exercise Caution *** I am a resident of Delwood 2 and writing to oppose the code variance request to increase the size and height of the billboard. and turn it into a digital sign. Digital signs are a source of light pollution, and digital signs that change their content are a dangerous distraction for highway drivers. Increasing the size and height of the board will increase the light pollution in the neighborhood, and act as an unsightly and distracting advertisement on the highway. thanks, Clare Glinka 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.
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0086 BOA DATE: December 12th, 2022 ADDRESS: 5212 Evans Ave OWNER: Ryan McElroy COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-NP (North Loop) LEGAL DESCRIPTION: LOT 19-20 BLK 22 HIGHLANDS THE VARIANCE REQUEST: disaggregate aggregated lots into two lots SUMMARY: disaggregate two lots that were aggregated ISSUES: original house was built over lot lines ZONING LAND USES Site North South East SF-3-NP SF-3-NP SF-3-NP LR-MU-CO-NP; SF-3-NP West GR-CO-NP Single-Family Single-Family Single Family Neighborhood Commercial-Mixed Use; Single- Family Community Commercial 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 ITEM4/1 November 29, 2022 Ryan McElroy P.O. Box 30104 Austin TX, 78755 Re: C15-2022-0086 Dear Ryan, Property Description: LOT 19-20 BLK 22 HIGHLANDS THE 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 25-2-1406(5)(d) at 5212 Evans 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 reach out to the Austin Energy Call center at 512-494- 9400 to request termination of service and removal of the electric meter and service drop prior to proceeding with demolition. 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 ITEM4/2 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 …
1. REGULAR MEETING of the BOARD OF ADJUSTMENT December 12, 2022 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote email by elaine.ramirez@austintexas.gov or call 512-974-2202. telephone. To participation remotely, register speak to CURRENT BOARD MEMBERS: ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES Approve the minutes of the Board of Adjustment Regular meeting on November 14, 2022. On-Line Link: Draft minutes November 14, 2022 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. PUBLIC HEARINGS Previous postponement Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item03 PART1; PART2; PART3; PART4; NO PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in 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 …
5212 EVANS AVENUE - BOA VARIANCE REQUEST I am seeking a variance from City Code Section 25-2-1406 - Ordinance Requirements (5)(d) ‘a lot that is aggregated with another property to form a site may not be disaggregated to satisfy this subsection’. As well as a variance from City Code Section 25-2-943 - Substandard Lot (D) ‘a substandard lot that is aggregated with other property to form a site may not be dissagregated after August 6, 2007 to form a site that is smaller than the minimum lot area requirement.‘ Lots 19 & 20 were legally platted in 1917. These lots are adjacent to commercial, mixed use, multi family, two family, and single family residential. And are uniquely designated for Mixed Use in the North Loop Future Land Use Map. These lots back up to an active commercial property, Home Slice Pizza. Detached single family residential fronting Evans Avenue is aligned with the North Loop Neighborhood Plan and would add families and activate the residential streetscape while buffering towards the denser commercial corridor. This variance request has unanimous support from the North Loop Neighborhood Association as well as the adjacent next door neighbor at 5214 Evans Avenue. 5212 Evans Avenue - BOA Variance Request Supporting Documentation - Variance Request December 12, 2022 - Page 1 ITEM04/1-PRESENTATION North Loop Adopted Future Land Use Map AVE H A D LV B R A M A L N O L D K O E NIG L N M M A C K D R RFIELD D E N S O N D R E T S E H C WILL DAVIS DR J O N A T H A N D R HAGE DR H I G H L A N D C A M P U S D R CLAYTON LN W I L H E L M I N A DE L C O DR Airport Boulevard West Neighborhood Urban Center Special Use A mix of residential, commercial, office & community open space. D R E L VIL K FIS E L D MID LA POS A D ADR TIR A D O S T Airport Boulevard East Neighborhood Urban Center Special Use A mix of residential, commercial, office & E U S 290 HWY SVRD WB community open space. E US 290 HWY WB E U S 290 HWY EB E U S 2 9 0 HWY SVRD EB E K …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0087 BOA DATE: December 12th, 2022 ADDRESS: 1303 Harvey St OWNER: Samuel Berniard COUNCIL DISTRICT: 1 AGENT: N/A ZONING: SF-3-NP (Rosewood NP) LEGAL DESCRIPTION: LOT 5 BLK 4 OLT 26 DIV B MCKINLEY HEIGHTS VARIANCE REQUEST: decrease the minimum Front Yard Setback from 25 ft to 10 feet 4 inches SUMMARY: remodel a front porch deck ISSUES: original construction of property was done under previous code ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP GO-MU-CO-NP Single-Family Single-Family Single-Family Single-Family General Office-Mixed Use NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition East Austin Conservancy Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin Rosewood Neighborhood Plan Contact Team SELTexas Sierra Club, Austin Regional Group ITEM5/1 November 29, 2022 Samuel Berniard 1303 Harvey St Austin TX, 78702 Re: C15-2022-0087 Property Description: LOT 5 BLK 4 OLT 26 DIV B MCKINLEY HEIGHTS Dear Samuel, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 at 1303 Harvey 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 ITEM5/2 CITY OF AUSTIN Development Services Department (cid:51)(cid:72)(cid:85)(cid:80)(cid:76)(cid:87)(cid:87)(cid:76)(cid:81)(cid:74)(cid:3)(cid:9)(cid:3)(cid:39)(cid:72)(cid:89)(cid:72)(cid:79)(cid:82)(cid:83)(cid:80)(cid:72)(cid:81)(cid:87)(cid:3)(cid:38)(cid:72)(cid:81)(cid:87)(cid:72)(cid:85) (cid:51)(cid:75)(cid:82)(cid:81)(cid:72)(cid:29)(cid:3)512(cid:17)(cid:28)(cid:26)(cid:27)(cid:17)4(cid:19)(cid:19)(cid:19)(cid:3) 6(cid:22)1(cid:19)(cid:3)(cid:58)(cid:76)(cid:79)(cid:75)(cid:72)(cid:79)(cid:80)(cid:76)(cid:81)(cid:68)(cid:3)(cid:39)(cid:72)(cid:79)(cid:70)(cid:82)(cid:3)(cid:39)(cid:85)(cid:15)(cid:3)(cid:36)(cid:88)(cid:86)(cid:87)(cid:76)(cid:81)(cid:15)(cid:3)(cid:55)(cid:72)(cid:91)(cid:68)(cid:86)(cid:3)(cid:26)(cid:27)(cid:26)52 Board of Adjustment General/Parking Variance Application 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 + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to …
Variance Request 1303 Harvey St C15-2022-0087 Board of Adjustment – Dec. 12th 2022 Samuel Berniard - Homeowner ITEM05/1-PRESENTATION Overview • Seeking variance for front yard setback of 25’ to 10.4’ • Completed Front Porch deck remodel (pictured on right) • Working with COA Residential Review on retroactive permit approval • New deck was built in same footprint as previous deck (pictured on left), with the exception of front steps / access ITEM05/2-PRESENTATION Overview (continued) • Home originally built in 1947 and original structure exists within the current 25’ setback • Red line in picture shown is location of current 25’ setback • Remodeled in 2011, original 1947 structure and porch were kept in place during remodel • Setback code was adopted in 1985 to current 25’ setback ITEM05/3-PRESENTATION Requested Variance • Site development regulations for a Front Yard setback of 25ft • Seeking Front Yard setback of 10.4ft due to added steps for access to existing deck remodel ITEM05/4-PRESENTATION Zoning Regulations do not allow for a reasonable use because: • They do not allow for any front-porch to obtain permit approval with an access modification only such as the front-facing steps added • Current 25’ setback exists ~5’ into the existing interior of the home creating an unreasonable situation for a structure grandfathered into current code ITEM05/5-PRESENTATION Hardship is unique to the property because: • Home was built in 1947 much closer to the street than the majority of homes in the neighborhood • Front of house was not changed in 2011 remodel, existing porch from 1947 is what the current porch and remodel were both built on (same footprint) • Only modification are the front-steps for access that are similar to the existing roof line from the front-porch awning ITEM05/6-PRESENTATION Hardship is not general to the area because: • Setbacks in McKinley Heights have no consistency based on most structures being built in the 1940s and not a part of City of Austin front-yard setback code when built ITEM05/7-PRESENTATION Approval would not alter area character because: • Footprint of deck has not increased, only change are front steps for access • Front-step design is consistent with both immediate neighbors on Harvey St (pictured) and homes throughout the neighborhood ITEM05/8-PRESENTATION
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0088 BOA DATE: December 12th, 2022 ADDRESS: 705 E 50th St OWNER: Homebound Texas Propco COUNCIL DISTRICT: AGENT: Drew Padgett ZONING: SF-3-NCCD-NP (North Hyde Park) LEGAL DESCRIPTION: ABS 789 SUR 57 WALLACE J P 0.2200 ACRES VARIANCE REQUEST: increase the maximum setback from 30 feet to 40 feet 10 inches SUMMARY: erect Single-Family home and ADU ZONING LAND USES ISSUES: Tree CRZ 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 ITEM6/1 November 29, 2022 Drew Padgett 1511 Shore Rd Middle River, MD 21220 Re: C15-2022-0088 Dear Drew, Property Description: ABS 789 SUR 57 WALLACE J P 0.2200 ACRES Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from the North Hyde Park NCCD Ord. #20050818-064, PART 7(2)(b) at 705 E 50th 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 ITEM6/2 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone(cid:29) 512(cid:17)(cid:28)(cid:26)(cid:27)(cid:17)4000 6310 Wilhelmina Delco Dr(cid:15) (cid:36)(cid:88)(cid:86)tin(cid:15) (cid:55)e(cid:91)a(cid:86) (cid:26)(cid:27)(cid:26)52 Board of Adjustment General/Parking Variance Application 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 + Tab moves to the previous field. The …
