May 2, 2022 Mr. Ned McDaniel 305 E St Elmo Rd #3 Austin TX, 78745 Re: C15-2022-0040 Property Description: 106.98 X 343.67FT AV BLK 5 BLOCKERS ADDN Dear Ned, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-601. 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
May 5, 2022 Lisa Gray 3530 Bee Caves Rd Austin TX, 78746 Re: C15-2022-0043 Property Description: 100X140FT BLK 3 OLT 7-8 DIVISION C Dear Lisa, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC 25-2-492 at 508 E 38th Street. Austin Energy cannot release the rear yard setback at this time due to our existing facilities along the rear of this site. Any permanent structure on this lot is required to meet 10’ clearance from the outside conductor of the overhead electric distribution line along the rear lot line. To approve this variance request, AE will need proof (site plan or survey showing distances, etc.) that this clearance will be met. Also, any proposed or existing improvements must 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 cody.shook@austinenergy.com (512) 322-6881
From: Subject: Date: C15-2022-0043 Wednesday, May 04, 2022 3:12:54 PM *** External Email - Exercise Caution *** CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. F-3/1-LATE BACKUP Sista Irie Easement hearing for May 9 Wednesday, May 04, 2022 4:28:33 PM *** External Email - Exercise Caution *** From: To: Subject: Date: Hi Elaine, I was contacted by a close neighbor regarding a new owner on the block who is requesting an easement change from the City and has a hearing slated for May 9. The owner is Red Door LLC. There are three 'side by side' neighbors who live on this block and have some initial objections. I mistakenly threw out my objection form. We would like to ask for the hearing to be rescheduled so in order to request a meeting with Red Door LLC and ask for more information regarding the project. It is quite possible the meeting will allow us to stop the objections so it is important to everyone that we speak as a group. One of the neighbors who lives right behind them is reaching out to them later today to set up a time. Please let me know how to delay the hearing while we speak with the applicants and make sure we are all comfortable with any changes to the current City guidelines. Thank you, Beverly Shaw 512.619.1239 Beverly "Sista Irie" Shaw Media Professional, Photojournalist, Radio Broadcaster Community Radio Consultant Majesty Media, Island Stage Magazine, United Reggae 502 Texas Ave, Austin, Texas 78705 512.619.1239 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-3/2-LATE BACKUP F-3/3-LATE BACKUP From: To: Subject: Date: Abbey Ames Ramirez, Elaine Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Thursday, May 05, 2022 1:46:14 PM *** External Email - Exercise Caution *** Hi Elaine, I am emailing about the following permit/case: Permit/Case: 2022-000032 BA Reference File Name: C15-2022-0043 Address: 509 E 38th Street I would like to request a delayed hearing. I have tried to contact the applicant with questions I …
From: To: Subject: Date: Paige Pozzi Ramirez, Elaine Opposition case G-1-C15-2022-0011 and G-2 C15-2022-0012 Thursday, May 05, 2022 2:48:48 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez and fellow Board members, I am writing in opposition of the variance on the two properties at 2715 and 2717 Long Bow Trail Austin, TX 78734 (case numbers G-1-C15-2022-0011 and G-2 C15-2022-0012). I am a 13 year resident of Apache Shores, the Lake Austin neighborhood where these two properties are located. Our neighborhood is quickly growing and while I don’t like it, I accept it. I am not opposed to new houses being built (even on these lots, if they are built responsibly!). The growing trend of builders, especially this particular builder, seems to be to push the environmental limits to the extreme. This application for a variance is no exception. These properties are entirely too close to the lake to have so much impervious cover. Please do not approve this variance. This builder is currently building a 4 story home within 10 feet of our neighborhood’s beloved creek. That alone is my evidence for the complete and utter lack of environmental concern. When will it stop? I walk by (near) these lots several times a week on my way to the lake. I am a mom of three young kids. This letter isn’t written well, but it comes from my heart for the concern of the environment which is important to my family. Grateful for your consideration, Paige Pozzi 2503 Geronimo Trail Austin, TX 78734 512-789-7056 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. G-1/1-LATE BACKUP From: To: Subject: Date: B.J. Carpenter Ramirez, Elaine 2715 and 2717 Longbow Trail Variance Request Thursday, May 05, 2022 3:04:46 PM *** External Email - Exercise Caution *** Ms. Ramirez As a property owner in Apache Shores and an active member in the neighborhood I would like to voice my opposition to the variance request for the two following properties. 2715 Longbow Trail, case number G-1 C15-2022-0011 2717 Longbow Trail, case number G-2 C15-2022-0012 As an environmental professional I don't believe it is in the interest of the neighborhood, environment, or City of Austin to allow a variance from the COA …
From: To: Subject: Date: Paige Pozzi Ramirez, Elaine Opposition case G-1-C15-2022-0011 and G-2 C15-2022-0012 Thursday, May 05, 2022 2:48:48 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez and fellow Board members, I am writing in opposition of the variance on the two properties at 2715 and 2717 Long Bow Trail Austin, TX 78734 (case numbers G-1-C15-2022-0011 and G-2 C15-2022-0012). I am a 13 year resident of Apache Shores, the Lake Austin neighborhood where these two properties are located. Our neighborhood is quickly growing and while I don’t like it, I accept it. I am not opposed to new houses being built (even on these lots, if they are built responsibly!). The growing trend of builders, especially this particular builder, seems to be to push the environmental limits to the extreme. This application for a variance is no exception. These properties are entirely too close to the lake to have so much impervious cover. Please do not approve this variance. This builder is currently building a 4 story home within 10 feet of our neighborhood’s beloved creek. That alone is my evidence for the complete and utter lack of environmental concern. When will it stop? I walk by (near) these lots several times a week on my way to the lake. I am a mom of three young kids. This letter isn’t written well, but it comes from my heart for the concern of the environment which is important to my family. Grateful for your consideration, Paige Pozzi 2503 Geronimo Trail Austin, TX 78734 512-789-7056 p 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. G-2/1-LATE BACKUP From: To: Subject: Date: B.J. Carpenter Ramirez, Elaine 2715 and 2717 Longbow Trail Variance Request Thursday, May 05, 2022 3:04:46 PM *** External Email - Exercise Caution *** Ms. Ramirez As a property owner in Apache Shores and an active member in the neighborhood I would like to voice my opposition to the variance request for the two following properties. 2715 Longbow Trail, case number G-1 C15-2022-0011 2717 Longbow Trail, case number G-2 C15-2022-0012 As an environmental professional I don't believe it is in the interest of the neighborhood, environment, or City of Austin to allow a variance from the …
May 2, 2022 David Cancialosi 300 E Highland Mall Blvd Austin, TX 78752 Re: C15-2022-0032 Property Description: LOT 15 BLK A RIVERCREST ADDN SEC 1 Dear David, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider variances from LDC 25-2-492(D) and 25-2-963-E-1-B at 2904 Rivercrest Dr. 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
From: To: Subject: Date: Richard Wambold Ramirez, Elaine Fwd: Case # C15-2022-0032 Friday, April 29, 2022 2:48:24 PM *** External Email - Exercise Caution *** Sorry for not getting this to you earlier. I had sent a message asking for a brief call and then accidentally misspelled your last name when I did send it. If you have any questions do no hesitate to email me. Thank you , Richard L Wambold. Begin forwarded message: From: Richard Wambold Date: April 28, 2022 at 1:36:59 PM CDT To: elaine.ramiez@austintexas.gov Subject: Case # C15-2022-0032 Owner: Cody Stavig Address : 2904 Rivercrest Drive Lot 15 Blk A Rivercrest Addition Sec 1 My name is Richard Wambold and I live next door at 2906 Rivercrest Drive. My wife and have owned the property since 2008. According to this document the property is owned by Mr Stavig. I believe he lives in Portland Oregon and we have not had the opportunity to meet him or discuss any of the issues raised in this notice. We and other neighbors who have spoken out in similar situations just want to protect the character of our neighborhood and the value of our investments. Because of this I am against granting the variances requested. The reasoning is simple and not meant as a criticism to our new neighbor or his architectural plan. We have all had to build within the same constraints as he faces and have found a way to do so. His lot is average size and doesn’t have a unique impairment that I’m aware of. I suspect he wants to add additional space in his home, most of us do. Rivercrest Drive is a beautiful narrow lane which would take on the feel of an alley if we all built out so close to it. As a next door neighbor it would block much our view of the street and block the street view of our home, potentially negatively impacting the value of our home. In closing I would like to add that I am aware of several similar requests that have either been denied or withdrawn by the applicants. Many years ago our own request, while substantially different, was denied. At the time a neighbor shared with me that the neighborhood was not responding to me or my particular H-2/1-LATE BACKUP problem. Rather it was protecting the charm that brought me there and that …
Chair Cohen Board of Adjustment Members From: Brent D. Lloyd Development Officer, DSD To: Eric Thomas Residential Zoning Plans Examiner Supervisor, DSD Date: May 9, 2022 Subject: Appeal of Staff Interpretation of “Habitable Attic” Exemption from Subchapter F’s Gross Floor Area Limitations ________________________________________________________________________ The matter before the Board of Adjustment (“BOA”) is an administrative appeal challenging staff’s disapproval of residential building plans submitted for development proposed at 2212 Trailside Drive. The issue of code interpretation before the Board is whether Development Service Department’s (“DSD”) correctly applied the “habitable attic” exemption from the gross floor area requirements of Chapter 25-2, Subchapter F (Residential Design & Compatibility Standards) of the Land Development Code (“LDC”). Procedural Requirements for Appeal The Appellants represent the applicant for the building permit at issue in this case, and they timely filed their appeal on April 7, 2022. Therefore, staff believes the appeal is properly before the BOA for consideration. In acting on the appeal, the BOA may uphold, modify, or reverse DSD’s decision rejecting the proposed building plans, as provided in City Code Sec. 25-1-192, based on whether they comply with applicable zoning regulations. The burden is on Appellant to show that staff’s disapproval of the proposed plans was based on an incorrect interpretation of the applicable code requirements. Following resolution of the appeal, DSD will abide by the BOA’s interpretation of the applicable regulations both for the application at issue in this case and future applications involving Subchapter F’s gross floor area requirements. Summary of Issues & Subchapter F Provisions The primary issue before the Board can be summarized as follows: In disapproving the proposed building plans, did staff correctly conclude that the proposed attic space is not exempt from calculation of gross floor area under Subchapter F’s exemption for habitable attic space based on measurement of ceiling height? Review History The initial application and plans were accepted by Residential Intake on November 16, 2021. The first master comment report was sent by the coordinating reviewer on December 8, 2021, with rejection comments from the zoning reviewer and technical building code reviewer. City of Austin | Staff Report re: BOA Appeal (2212 Trailside Dr.) 05/09/2022 | Page 1 of 4 The first formal update was received on December 20, 2021. The second master comment report was sent by the coordinating reviewer on January 10, 2022, with rejection comments from the zoning reviewer. The zoning reviewer met …
From: To: Subject: Date: Susan Van Nostrand Ramirez, Elaine 2715 and 2717 Long Bow Trail Variance Request Hearing Tonight May 9th Monday, May 09, 2022 12:00:02 PM *** External Email - Exercise Caution *** Hello Ms. Ramirez, In regards to case number: G-1 C15-2022-0011 & G-2 C15-2022-0012 I live across the street from this property. I attended the last hearing and spoke in opposition to this variance exception. The variance was denied at that time. I am unable to attend tonight due to my son's baseball game. I would say the same thing I did last time. I spoke to the builder and asked for them to build something smaller that fits in the small lot. He said no, he was going to build his 1.2 million dollar three story white houses or he wouldn't make enough money. I have lived here for over 20 years and moved to this neighborhood to enjoy space, light and nature not huge three story white walls built on a tiny lot where he has to clear all the trees and cut out the mountain. I am asking that this builder be denied to increase the impervious cover from 5% to 40%. I would plead to the board that this is wrong and the rules are in place to protect our lakes and he refused to compromise. Respectfully, Susan Van Nostrand 2706 Long Bow Trail CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.
From: To: Subject: Date: Susan Van Nostrand Ramirez, Elaine 2715 and 2717 Long Bow Trail Variance Request Hearing Tonight May 9th Monday, May 09, 2022 12:00:02 PM *** External Email - Exercise Caution *** Hello Ms. Ramirez, In regards to case number: G-1 C15-2022-0011 & G-2 C15-2022-0012 I live across the street from this property. I attended the last hearing and spoke in opposition to this variance exception. The variance was denied at that time. I am unable to attend tonight due to my son's baseball game. I would say the same thing I did last time. I spoke to the builder and asked for them to build something smaller that fits in the small lot. He said no, he was going to build his 1.2 million dollar three story white houses or he wouldn't make enough money. I have lived here for over 20 years and moved to this neighborhood to enjoy space, light and nature not huge three story white walls built on a tiny lot where he has to clear all the trees and cut out the mountain. I am asking that this builder be denied to increase the impervious cover from 5% to 40%. I would plead to the board that this is wrong and the rules are in place to protect our lakes and he refused to compromise. Respectfully, Susan Van Nostrand 2706 Long Bow Trail CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0003 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Shana Gardner OWNER: Joshua Needham ADDRESS: 1401 E 6TH ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade in order to provide signage for mixed use development in a “TOD- NP”, Transit Oriented District–Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (H) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA MEETING MAY 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve; Board member Melissa Hawthorne seconds on a 10-0, vote; GRANTED. 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: N/A OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: This property is not unique in the types of signage requested, the proposed signage is comparable to the existing signage on other mixed use developments in the surrounding area therefore it will not have an adverse impact on the neighboring properties. OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: most businesses in the area have illuminated signage, the type of lighting used for the building signage is understated in nature and matches the existing aesthetic of the sign district. 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: Granting this variance would simply allow this property the same level of privilege enjoyed by the surrounding areas and similar mixed use properties. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0001 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Esteban Arrieta OWNER: Eames Gilmore ADDRESS: 10107 RESEARCH BLVD SVRD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (3) The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Darryl Pruett motions to postpone to April 11, 2022; Board Member Melissa Hawthorne seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to May 9, 2022; Board Member Richard Smith seconds on a 11-0 vote; POSTPONED TO MAY 9, 2022. May 9, 2022 POSTPONED TO JUNE 13, 2022 BY APPLICANT 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 CASE NUMBER: C15-2022-0042 DATE: May 9, 2022 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___-____Nicholl Wade OUT ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Felicia Foster OWNER: Valentin Bohorov ADDRESS: 2212 TRAILSIDE DR VARIANCE REQUESTED: The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter F (Residential Design and Compatibility Standards) of the Land Development Code in connection with disapproval of a permit application for construction of a single-family home at the above-referenced address. The primary basis of the appeal is calculation of gross floor area for a “habitable attic” under the Land Development Code, in particular, requirements in Section 3.3 of Subchapter F. The appellant contends that staff incorrectly applies provisions related to the calculation of ceiling height for exempt space as applied to a two-story residence in an “SF-3”, Single-Family zoning district. Note: Subchapter F: Residential Design and Compatibility Standards, Article 3 Definitions and Measurement, 3.3 Gross Floor Area, 3.3.3 Porches, basements, and attics that meet the following requirements shall be excluded from the calculation of gross floor area: (C) A habitable portion of an attic if: 1. 2. 3. 4. The roof above it is not a flat or mansard roof and has a slope of 3 to 12 or greater; It is fully contained within the roof structure; It has only one floor; It does not extend beyond the footprint of the floors below: Fifty percent or more of the area has a ceiling height of seven feet or less. It is the highest habitable portion of the building, or a section of the building, and adds 5. no additional mass to the structure; and 6. BOARD’S DECISION: BOA MEETING MAY 9, 2022. The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny the appeal request and uphold City staff’s interpretation; Board Member Melissa Hawthorne seconds on a 10-0 vote; APPEAL DENIED AND UPHOLD CITY STAFF’S INTERPRETATION. FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0035 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Mike Mchone OWNER: DC+CJ San Pedro LLC, Cater Joseph ADDRESS: 2609 SAN PEDRO ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Article 3, Division 9 – University Neighborhood Overlay District Requirements, Section 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street (required) to 24 feet from the centerline of adjacent street (requested) in order to erect a Multi-Family SMART Housing Building in an “MF-4- NP”, Multi-Family-Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: Per LDC 25-2-757 SETBACKS; COMPATIBILITY (E) A building must be at least 12 feet from the front face of the curb of the adjacent street and at least 30 feet from the centerline of the adjacent street, 12 ft. from the face of curb for the required UNO Streetscape will be provided. BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) 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 F-2 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0040 ___Y____Thomas Ates ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___A____Barbara Mcarthur ABSTAINED ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____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: Ned McDaniel ADDRESS: 305 E ST ELMO RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-601 (Industrial Park (IP), Major Industry (MI), and Limited Industrial Services (LI) District Regulations) from setback requirements to decrease the minimum Rear Yard Setback from 25 feet (required) to 18 feet (requested), in order to complete an Urban agricultural growing facility in a “LI-NP”, Limited Industrial Services- Neighborhood Plan (East Congress Neighborhood Plan). Note: Per LDC 25-2-601 Industrial Park (IP), Major Industry (MI), and Limited Industrial Service (LI) District Regulations (A) This section applies in an industrial park (IP), major industry (MI), or limited industrial services (LI) district. (2) 25 feet, if adjacent to property zoned as or used for a use permitted in an MF-1, MF-2, MF-3, MF-4, MF-5, MF-6, or MH district BOARD’S DECISION: May 9, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to approve; Board Member Melissa Hawthorne seconds on a 9-0-1 vote (Board member Barbara Mcarthur abstained); GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: LI zoning does allow for reasonable use, the city’s changes to the zoning of the adjacent property has negatively impacted the original zoning use. 2. (a) The hardship for which the variance is requested is unique to the property in that: the city changed the zoning to the adjacent property which negatively impacted original zoning use of no rear setback requirement, there is an implied rear setback restriction of 25ft based on recent change of zoning and city’s storm drain retention wall encroaches on rear property which reduces the land use. (b) The hardship is not general to the area in which the property is located because: my understanding of LI zoning of the property had no rear setback requirements, and that zoning of no rear setback be grandfathered. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 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 G-1 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less increase the maximum impervious cover on a slope with a gradient of more than 25 reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Agustina Rodriguez motions to deny; Board Member Richard Smith seconds on a 6-5 vote (Board members Jessica Cohen, Melissa Hawthorne, Darryl Pruett, Kelly Blume, Marcel Gutierrez-Garza nay); DENIED. RECONSIDERATION REQUESTED: MAY …
