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
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, October 10, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 10, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:39 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) and Carrie Waller (Alternate) Board Member/Commissioners absent: Thomas Ates, 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 1. Approve the minutes of the Board of Adjustment Regular meeting on September 12, 2022. On-Line Link: Draft minutes September 12, 2022 Board Member Brooke Bailey motions to approve the minutes for September 12, 2022, Board member Melissa Hawthorne seconds on a 8-0-1 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR SEPTEMBER 12, 2022. PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement for Items 9 and 11 to November 14, 2022. Madam Chair Jessica Cohen motions to approve the postponement requests for Items 9 and 11 to November 14, 2022, Board member Michael Von Ohlen second on 9-0 vote, ITEMS 9 AND 11 POSTPONED TO NOVEMBER 14, 2022 Previous postponement Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 9 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0060 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____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) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN 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) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line (C) (1) (a) from height limitations to increase the height limit from two (2) stories b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more ITEM10/1 restrictive zoning district; (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; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 2022 BY APPLICANT; Sept 12, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to Approve with condition that it’s tied to site plan Item 8/3 as shown in the advance packet; Board member Melissa Hawthorne second on 8-3 vote (Board members Barbara Mcarthur, Darryl Pruett, Richard Smith nay); Motion fails; DENIED. RECONSIDERATION REQUEST: 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 …
ITEM10/77 From: To: Subject: Date: Attachments: Absolute Stornlok Ramirez, Elaine Re: Question about Case Number C15-2022-0060 Thursday, July 07, 2022 4:05:03 PM image001.png *** External Email - Exercise Caution *** Hello, my name is Kevin Chrane, I am the owner of the property at 1607 Matthews Lane, which is next door to the property at 1609 Matthews Lane that is the subject of case number C15-2022-0060. I am writing to express my opposition to Variance Request A. This variance is asking to lessen the amount of distance that may be built upon, in relation to the edge of the property lines. The code is currently set at 25 feet. The applicant wants to lessen this distance to only 7 feet from the eastern property line, and 13 feet from the southern one. I fell that the requested distances are too close to the property border for building, especially the one requesting only 7 feet! I would like to express my opposition to those items, am fine with the requests from Variance B. Thank you for taking my opinion as the next door landowner into consideration, On Thursday, July 7, 2022 at 03:25:22 PM CDT, Ramirez, Elaine <elaine.ramirez@austintexas.gov> wrote: Kevin Chrane (512) 694-2046 Yes! 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 ITEM10/78 From: To: Subject: Date: Ruth Lauer Ramirez, Elaine Written comments C15-2022-0060 for Board of Adjustment meeting Friday, July 08, 2022 3:26:53 PM *** External Email - Exercise Caution *** Ms. Ramirez, Does the Board of Adjustment accept emailed objections? If so, here’s mine. Thanks. Case Number C15-2022-0060. 1609 Matthews Lane, 78745 BoA July 11, 2022 Name. Ruth Lauer Addresses affected. 7309 Forest Wood Rd, 1504A and B Matthews Lane, 78745 Signature Ruth Lauer Date 7/8/22 Daytime telephone 512-228-8523 Comments: I object to the variance requested for 1609 Matthews Lane (C15-20200-00060). Remember as a kid asking for something from your parents but trying to ask them separately? I think CMBH2 is doing that. They didn’t get what they wanted from the ZAP so now they are asking the Board of Adjustment. This property was purchased in March 2021 by CMCBH2 Company LLC. Their initial zoning change request (C14-2021-0056) was opposed by the Matthews Lane Neighborhood Association (MLNA). With the assistance of Ann Kitchen’s office the MF-3 (and 14 homes) request was reduced …
BOA Monthly Report July 2022-June 2023 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) (a) to exceed sign height 2. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 3. 25-2-774 (Two-Family Residential Use) for a Two-Family Residential a) (C) (5) (a) to increase the total square footage of a Secondary Dwelling unit and b) (C) (5) (b) to increase the second floor square footage 4. 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 5. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback Denied 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback Withdrawn 0 Discussion Items Oct 2022. Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Denied Withdrawn Discussion Items Board members absent: Vacant position Thomas Ates, Agustina Rodriguez, Richard Smith and Nicholl Wade (Added OCT10# 2022) 13 19 2 1 16 5 1 September 12, 2022 4 1 2 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback Postponed 1. 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height 2. Section 25-2-5 …
M E M O R A N D U M TO: Mayor and Council DATE: January 14, 2022 FROM: Denise Lucas, Director, Development Services Department SUBJECT: Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council July 27, 2022 Denise Lucas, Director, Development Services Department Board of Adjustment Applicant Assistance Program - Staff Response to Resolution No. 20211014-045 On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. Staff have explored the creation of BAAP as well as a funding source. The staff focus for Board of Adjustment variance requests was narrowed to Residential Homestead Variances under a Zoning Variance or a Special Exception Variance. These are the two types of variance requests which cover the Council’s intended area of support. Based on previous variance request applications, staff anticipates 9 variance requests could be 100% financially supported each year at an approximate cost of $10,000 per year. The funding source for BAAP Fund for the financial support would come from the General Fund and would be budgeted each year. In addition, staff has identified an existing contract, managed by Austin Public Health, which will allow applicants access to pro-bono legal services. Collectively, the BAAP Fund will support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. Staff recommends creation of the BAAP Fund, which includes a recommended start date of October 1, 2022. Staff will await further direction from the City Council. If the Council adopts an action to create the BAAP Fund, staff will create the BAAP Fund program guidelines and will track program participants and outcomes for one year and report that information back to Council. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. xc: Spencer Cronk, City Manager Anne Morgan, Acting City Manager J. Rodney Gonzales, Assistant City Manager
§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. ARTICLE 3. - PROCEDURES FOR APPEALS Division 1. - Reserved.[2] Footnotes: --- (2) --- §§ 2-5-41—2-5-45. - RESERVED. Division 2. - Appeals. § 2-5-61 - GENERAL PROVISIONS FOR APPEALS. Editor's note— Ord. No. 20170518-014 >, Pt. 4, effective May 29, 2017, repealed §§ 2-5-41—2-5-45, …
BOA SIGN REVIEW COVERSHEET CASE: C16-2022-0011 BOA DATE: November 14th, 2022 ADDRESS: 7309 Lazy Creek Dr OWNER: AISD –Michael Mann (rep) COUNCIL DISTRICT: 1 AGENT: Ezzi Signs –Belem Macedo ZONING: SF-3 LEGAL DESCRIPTION: ABS 22 SUR 29 TANNEHILL J C ACR 42.345 VARIANCE REQUEST: a) exceed sign area of 12 square feet to 80 square feet and b) exceed sign height of building façade, 30 feet to 36 feet SUMMARY: attach a wall sign ISSUES: location of school building ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Colony Park/Lakeside Community Development Corp Del Valle Community Coalition Friends of Austin Neighborhoods Friends of Northeast Austin Homeless Neighborhood Association LBJ Neighborhood Assn Neighborhood Empowerment Foundation Neighbors United for Progress SELTexas Sierra Club, Austin Regional Group ITEM3/1 October 10, 2022 Ezzi Signs 16611 West Little York Rd Houston, TX 77084 Re: C16-2022-0011 Dear Hussain, Property Description: ABS 22 SUR 29 TANNEHILL J C ACR 42.345 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 25-10-101(B)(1) at 7309 Lazy Creek 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 Cody.Shook@austinenergy.com ITEM3/2 C16-2022-0011 13031480 0222280201 Council District: 1 ITEM3/3 ITEM3/4 ITEM3/5 PBX F H F H R D K E E R C Y Z A L F H F H ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV ICV EXISTING BUILDING ICV ICV PBX ICV ICV F H F H ICV ICV ICV ICV L A Z Y C R E E K D R F HF H PECAN BROOK DR PECAN BROOK DR PBX F H F H SITE …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 4 DATE: October 10, 2022 CASE NUMBER: C16-2022-0005 ___-____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) APPLICANT: Jaden Rodriguez OWNER: Leo Garcia ADDRESS: 7712 ELROY RD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-130 (Commercial Sign District Regulations) (G) (1) from sign height of 30 feet above frontage street pavement grade (maximum allowed) to 40 feet (requested) above frontage street pavement grade in order to provide signage for The Circuit of the Americas in a “PUD”, Planned Unit Development zoning district. Note: The Land Development Code sign regulations 25-10-130 Commercial Sign District Regulations. (A) This section applies to a commercial sign district. (B) One Freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (G) The sign height may not exceed the greater of: (1) 30 feet above frontage street pavement grade; or (2) 6 feet above grade at the base of the sign. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to postpone to October 10, 2022; Board member Michael Von Ohlen second on 11-0 vote; POSTPONED TO OCTOBER 10, 2022. Oct 10, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair ITEM4/1 Jessica Cohen motions to postpone to November 14, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO NOVEMBER 14, 2022. 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 ____________________________ forITEM4/2 CITY OF AUSTIN Board of Adjustment Decision Sheet Item 3 DATE: September 12, 2022 CASE NUMBER: …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0082 BOA DATE: November 14th, 2022 ADDRESS: 2406 Sweetbrush Dr OWNER: Justin & Joy Hirsch COUNCIL DISTRICT: 10 AGENT: Brian Wills ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: LOT 13 SWEETBRUSH SEC 2 ABS 313 SUR 8 GILBERT D J ACR .044 VARIANCE REQUEST: decrease the minimum rear yard setback from 25 feet to 10 feet SUMMARY: erect a Garage/Guest House ISSUES: irregularly shaped lot, steep topography, and protected trees ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Save Historic Muny District Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group ITEM5/1 Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ C15-2022-0082 0119080330 13031889 Section 1: Applicant Statement Street Address: __________________________________________________________________ 2406 Sweetbrush Dr, Austin, Texas 78703 Tract I: Lot 13, Sweetbrush Section Two, a subdivision in Travis County, Texas, according to the map or play thereof, ____________________________________________________________________________ recorded in Volume 38, Page 30 of the Plat Records of Travis County, Texas. Tract II: Being all of that certain tract or ____________________________________________________________________________ parcel of land containing 0.44 acres, more or less, situated in the Daniel J. Gilbert Survey No. 8, Travis County, Texas. 13 _________________________________ _____________________________ _________________________________ _____________________________ ___________________________________________________________________ SF-3-NP Council District: 10 (WANG) ________________________________________________ Brian Wills, Project Manager for Cuppett Kilpatrick Architects Justin Hirsch and Joy Kerveillant-Hirsch ________________________________________________ October 6 2022 ______________________________________________________________ Garage/Guest House ____________ | Board of Adjustment General/Parking Variance Application | Page 4 of 8 ITEM5/2 City of Austin, Land Development Code, Section 25-2-515 (Rear Yard of Through Lot) to decrease the rear yard ____________________________________________________________________________ setback (along Matthews Dr) from 25 feet to 10 feet. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings Property was planned with restrictive covenant in 1955 that requires residence to front Sweetbrush Dr and ____________________________________________________________________________ specifically calls out a 25ft front building line setback (on Sweetbrush Dr) and a 10ft rear building setback (on ____________________________________________________________________________ Matthews Dr); Matthews Drive ROW was decreases and acts more like an alley; the lot contains steep topography, ____________________________________________________________________________ several protected trees, and existing residence all of which constrain …
November 8, 2022 Brian Wills 3904 Medical Pkwy, Suite C Austin TX, 78756 Re: C15-2022-0082 Property Description: LOT 13 SWEETBRUSH SEC 2 ABS 313 SUR 8 GILBERT D J ACR .044 Dear Brian, 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 25-2-515 to reduce the rear yard setback from 25’ to 10’ at 2406 Sweetbrush 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 Cody.Shook@austinenergy.com
CITY OF AUSTIN Board of Adjustment Decision Sheet Item 11 DATE: Monday October 10, 2022 CASE NUMBER: C15-2022-0061 _______Thomas Ates OUT _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade OUT _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 E 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 2022. POSTPONED TO OCTOBER 10, 2022 BY APPLICANT VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum street side yard setback from 15 feet (required) to 10 feet (requested) in order to complete a Single-Family residence and accessory dwelling ITEM6/1 unit in a “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: POSTPONED TO NOVEMBER 14, 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 forITEM6/2 October 28, 2022 Nikelle Meade 111 Congress Ave., Suite 1400 Austin TX, 78701 Re: C15-2022-0061 Dear Nikelle, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from …
ITEM6/19 CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0061 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___-____Agustina Rodriguez OUT ___-____Richard Smith OUT ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Kelly Blume (Alternate) N/A ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Nikelle Meade OWNER: Cortlandt Chalfant ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in a “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) BOARD’S DECISION: JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 10-1 vote (Board member Barbara Mcarthur nay); POSTPONED TO SEPTEMBER 12, 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: ITEM6/20 (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 ITEM6/21 August 26, 2022 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr Austin, Texas 78752 Re. Request for Second Postponement: Case No. C15-2022-0061; Request for Side Yard Setback Variance to Preserve Existing Single-Family Home with Accessory Apartment at 1401 E. 3rd Street, Austin, 78702 On behalf of the owner of the above referenced Property, we respectfully request an additional postponement of the case to October 10th to allow additional time to continue our discussions with the neighboring property owner and the East Cesar Chavez Neighborhood Plan Contact Team. We have begun discussions with them regarding a workable resolution of this matter and need some additional time to complete those discussions and …
REGULAR MEETING of the BOARD OF ADJUSTMENT November 14, 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 email elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To 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 1. Approve the minutes of the Board of Adjustment Regular meeting on October 10, 2022. On-Line Link: Draft minutes October 10, 2022 PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Sign New case: 3. C16-2022-0011 Ezzi Signs for Michael Mann 7309 Lazy Creek Drive (B) (1)(c)(ii) to exceed sign height of building façade, 30 feet (maximum allowed) (B)(1)(b) to exceed sign area of 12 square feet (maximum allowed) to 80 square 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 …
ITEM6/61 ITEM6/62 ITEM6/63 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: Does not meet the accessibility and visitability requirements defined in section R320.7; Fails to ensure emergency fire egress via the Restricts fi ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. accessible ground-floor exits; As you consider this variance request, please keep these measurements in mind: 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street official side-lot setbacks call - -built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43 properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street . Note that the existing sidewalk straddles over the lot line by approximately 10 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA compliant width of . Consider also the explanation in th letter: [Durham Partners used] an incorrect version of development guidelines do not allow for this type of error. Per t The Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. more than reasonable to expect a professional developer to do so. development process successfully. It is While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley ITEM6/64 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
ITEM6/61 ITEM6/62 ITEM6/63 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: Does not meet the accessibility and visitability requirements defined in section R320.7; Fails to ensure emergency fire egress via the Restricts fi ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. accessible ground-floor exits; As you consider this variance request, please keep these measurements in mind: 82 inches. At the northeast corner of the structure, the as-built clearance between 1401 E 3rd Street and the abutting historic structure at 1403 E 3rd Street official side-lot setbacks call - -built clearance is 68% of what is required. 43 inches. As currently built, the width of the first-floor entrance sidewalk is 43 properties is not on the lot line, this clearance is not guaranteed going forward. 18 inches. The approximate distance that the exiting fence built by Durham Trading Partners encroaches on the abutting property at 1403 E 3rd Street . Note that the existing sidewalk straddles over the lot line by approximately 10 33 inches. If the abutting property owner ever moves the fence to the lot line, the width of the first-floor entrance sidewalk will be reduced to a non-ADA compliant width of . Consider also the explanation in th letter: [Durham Partners used] an incorrect version of development guidelines do not allow for this type of error. Per t The Inspections flowchart, all pre-foundation development activities are predicated upon the completion a third-party form survey. more than reasonable to expect a professional developer to do so. development process successfully. It is While I am sympathetic to the fact that Durham Trading Partners has invested a lot of time and money in this Approving this variance request retroactively will effectively permit an inexcusable life safety hazard to persist for decades. This not only sets a poor precedent but also exposes the City to increased risk and liability. Sincerely, David Brearley ITEM6/64 EXHIBITS In practice, the as-built clearance is already quite tight and restricted. If the abutting property …
