BOA SIGN IN SHEET FOR SPEAKERS APR 11 — original pdf
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C-1 C16-2021-0003 DS PP INDEF — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: April 11, 2022 CASE NUMBER: C16-2021-0003 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne (ABSTAINING) ___-___Barbara Mcarthur (out) ___-____Rahm McDaniel (out) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Vacant (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE 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), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non- electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building. (G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Veronica Rivera motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO APRIL 12, 2021. (RENOTICE) VARIANCE REQUESTED: RENOTICE The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: a) b) c) (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) …
C-2 C16-2022-0001 PP DS TO 5-9-22 — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 DATE: April 11, 2022 CASE NUMBER: C16-2022-0001 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____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. 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
C-3 C16-2022-0002 GRANTED DS W CONDS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet C-3 DATE: April 11, 2022 CASE NUMBER: C16-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Clay Hardman OWNER: Campus Investors Austin, LP ADDRESS: 2323 SAN ANTONIO 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 a blade sign in order to provide signage for The Castilian in a “CS-1-NP & CS-NP”, General Commercial Services - Neighborhood Plan zoning district. (West University 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: March 14, 2022 APPLICANT NO SHOW -Board Member Brooke Bailey 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 Michael Von Ohlen motions to approve with conditions to dim the lights from 11PM to 7AM; Board Member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITIONS TO DIM THE LIGHTS FROM 11PM TO 7AM. 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: applicant would like to add internal illumination to an existing blade sign that has been installed for years OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: N/A OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: N/A 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 should not be considered a special privilege as many of the neighbors have internally illuminated signage similar to what is being asked for. ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ for
D-1 C15-2022-0025 GRANTED W CONDS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0025 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Karen McGraw OWNER: Suzannah Covx ADDRESS: 3709 CEDAR ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the North University NCCD Ord. #040826-058, PART 7(Residential District) from: a) b) c) d) lot width requirements to decrease the minimum lot width from 50 feet (required) to 41 feet (requested) in order to allow a Two-Family residential use and setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 3 feet (requested) in order to erect a detached garage in an “SF-3- NCCD-NP”, Single-Family Residence-Neighborhood Conservation Combining District Neighborhood Plan zoning district. (North University NCCD Neighborhood Plan). Note: (1st variance request) Ordinance No. 20110804-040 Part 3 (5) (b) Allows TwoFamily use on a lot at least 5,750 square feet. The existing lot is 41 feet wide and contains 6,636 square feet. (2nd variance request) North University NCCD No. 040826-058 Part 7 (3) (d) a noncomplying accessory building may be reconstructed at its existing location, but may not be less than 3 feet from the rear and interior side property lines. The owner requests to remove the existing garage and replace it with a new garage 3 feet from the south property line – not on its existing location. BOARD’S DECISION: BOA MEETING APRIL 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to approve with conditions no STR, limited to .4 FAR, and as per Site plan D-1/8 in Presentation and 3 foot setback only length of garage; Board Member Brooke Bailey seconds on a 11-0 vote; GRANTED WITH CONDITIONS NO STR, LIMITED TO .4 FAR, AND AS PER SITE PLAN D-1/8 IN PRESENTATION AND 3 FOOT SETBACK ONLY LENGTH OF GARAGE. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: this site has a 41’front width which is the narrowest on the block except for 3711 which has the same and a new home is being constructed there now, the owner wishes to maintain the existing 854 sf home and add a second dwelling of 850 …
D-2 C15-2022-0026 GRANTED DS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0026 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___N____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Michele Rogerson Lynch OWNER: Lennar- Kevin Pape ADDRESS: 7236 & 7240 DANCING WIND LN 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 16.5 feet (requested) for each lot in order to erect a Single-Family attached residence in a “MF- 2”, Multi-Family zoning district. BOARD’S DECISION: BOA MEETING APRIL 11, 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 10-1 vote (Board member Darryl Pruett nay); GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the property is located in the city limited purpose jurisdiction and is subject to both 25-2-492 for MF-2 site development regulations as well as 30-2-233 for single family attached use in the ETJ per approved plant 2. (a) The hardship for which the variance is requested is unique to the property in that: the site property is irregular shape, curve in the front, shape of the lot. (b) The hardship is not general to the area in which the property is located because: the entire subdivision of 94 single family attached dwelling units and 47 lots is nearly completed and this is one of only two single family attached dwellings that will have slightly less than the 25 foot setback for MF-2 site development regulations 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: as noted the subdivision is nearly completed and this is only one of two single family attached dwellings that will have a slight deviation from the MF-2 setback regulations. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
D-3 C15-2022-0028 GRANTED DS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0028 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___N____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Michele Rogerson Lynch OWNER: Lennar-Kevin Pape ADDRESS: 7129 DANCING WIND LN 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 20.5 feet (requested) for each lot in order to erect a Single-Family attached residence in a “MF- 2”, Multi-Family zoning district. BOARD’S DECISION: BOA MEETING APRIL 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to approve; Board Member Brooke Bailey seconds on a 10-1 vote (Board member Darryl Pruett nay); GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the property is located in the city limited purpose jurisdiction and is subject to both 25-2-492 for MF-2 site development regulations as well as 30-2-233 for single family attached use in the ETJ per approved plant 2. (a) The hardship for which the variance is requested is unique to the property in that: the site property is irregular shape, curve in the front, shape of the lot. (b) The hardship is not general to the area in which the property is located because: the entire subdivision of 94 single family attached dwelling units and 47 lots is nearly completed and this is one of only two single family attached dwellings that will have slightly less than the 25 foot setback for MF-2 site development regulations 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: as noted the subdivision is nearly completed and this is only one of two single family attached dwellings that will have a slight deviation from the MF-2 setback regulations. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
D-4 C15-2022-0032 PP DS TO 5-9 — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0032 _______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: David Cancialosi OWNER: Cody Stavig ADDRESS: 2904 RIVERCREST DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s): a) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 25 feet (requested) and b) 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height from 23 feet 8 inches (allowed) to 24 feet 1 inch (requested) in order to remodel an existing non-complying Single-Family residence in a “LA”, Lake Austin zoning district. Note: Land Development Code, Section 25-2-963 (E) A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if: (1) the increase is made to a portion of the building that: (b) complies with the yard setback requirements of this title. BOARD’S DECISION: BOA MEETING APRIL 11, 2022 POSTPONED TO MAY 9, 2022 DUE TO 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
E-1 C15-2021-0100 GRANTED W CONDS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday April 11, 2022 CASE NUMBER: C15-2021-0100 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___-____Darryl Pruett ABSTAINED ___-____Agustina Rodriguez ABSTAINED ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Ian Ellis ADDRESS: 1003 KINNEY AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Section 25-2-943 (B) (2) (a) (Substandard Lot) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,464 square feet (requested), (TCAD records show 5,740 sq. ft.) in order to erect a Single-Family residence with a Pool in a “SF-3”, Single-Family zoning district. Note: 25-2-943 SUBSTANDARD LOT (B) A substandard lot may be used for a single-family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (2) A substandard lot recorded in the county real property records after March 14, 1946 must: (a) have an area of not less than 5,750 square feet. BOARD’S DECISION: BOA MEETING NOV 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to December 13, 2021; Board Member Darryl Pruett seconds on a 9-0-2 vote (Board members Agustina Rodriguez and Carrie Waller Abstained); POSTPONED TO DECEMBER 13, 2021. Dec 13, 2021 Madam Chair Jessica Cohen motions to Postpone the remaining cases to January 10, 2022 at City Hall due to technical difficulties –internet issues; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO JANUARY 10, 2022 DUE TO TECHNICAL DIFFICULTIES-INTERNET ISSUES; Jan 10, 2022 BOA meeting cancelled due to not having a quorum present at meeting, case will auto be scheduled and re-notified to February 14, 2021; Feb 14 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Brooke Bailey seconds on an 8-1-2 vote (Board members Darryl Pruett nay, Agustina Rodriguez and Carrie Waller abstained); POSTPONED TO MARCH 14, 2022, March 14, 2022 POSTPONED TO APRIL 11, 2022 BY BOARD MEMBERS DUE TO TWO ABSTENTIONS AND NOT ENOUGH BOARD MEMBERS PRESENT ; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve with …
E-2 C15-2022-0011 DENIED DS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0011 ___Y____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___N____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___N____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___N____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___N____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL 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 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. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 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 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. FINDING: …
E-3 C15-2022-0012 DENIED DS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0012 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___N____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2717 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent or increase the maximum impervious cover on a slope with a gradient of 15 percent VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) less from 35 percent (allowed) to 40 percent (requested) (b) and not more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) to 27 percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny; Board Member Nicholl Wade seconds on a 10-1 vote (Board member Kelly Blume nay); DENIED. FINDING: 1. The Zoning regulations applicable to the …
E-4 C15-2022-0018 GRANTED DS W CONDS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0018 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___-____Nicholl Wade (OFF THE DAIS) ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jason McNair OWNER: Paul Smith ADDRESS: 54 ANTHONY STREET Section 25-2-492 (Site Development Regulations) from setback requirements to decrease VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, a) the minimum front yard setback from 25 feet (required) to 10.3 feet (requested) Section 25-2-943 (Substandard Lot) (B) (1) (a) to decrease the minimum Lot Size b) requirements from 4,000 square feet (required) to 3,380 square feet (requested) in order to erect a Single-Family residence with an attached garage in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan) Note: 25-2-943 SUBSTANDARD LOT (B) A substandard lot may be used for a single-family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (1) A substandard lot recorded in the county real property records before March 14, 1946 must: (a) have an area of not less than 4,000 square feet; and (b) be not less than 33 feet wide at the street or at the building line, or have access to a street by an easement that is: (i) not less than ten feet wide if it serves one lot, or not less than 18 feet wide if it serves more than one lot; (ii) not more than 150 feet in length; and (iii) maintained for access by the property owner. BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Madam Chair Jessica Cohen 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 Michael Von Ohlen motions to approve with condition limited to .4 FAR; Board Member Brooke Bailey seconds on a 10-0 vote (Board member Nicholl Wade no vote off the dais); GRANTED WITH CONDITIONS LIMITED TO .4 FAR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a …
E-5 C15-2022-0019 GRANTED DS W CONDS — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet E-5 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0019 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___-____Nicholl Wade (OFF THE DAIS) ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Andrew Ryan Thompson ADDRESS: 607 E 49TH ST Section 25-2-774 (Two-Family Residential Use) (C) (5) (b) from 550 square feet on the Subchapter F: Residential Design and Compatibility Standards, Article 2, Development VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, a) second story (maximum allowed), to 864 square feet (requested) b) Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 45.7% (requested) in order to remodel an existing detached Two-Family residential structure in an “SF-3-NCCD-NP”, Single-Family Residence-Neighborhood Conservation Combining District Neighborhood Plan zoning district. (North Hyde Park NCCD Neighborhood Plan) Note: Per LDC 25-2-774 TWO FAMILY RESIDENTIAL USE (C) The second dwelling unit: (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any; and (6) may not be used as a short term rental for more than 30 days in a calendar year if the second dwelling unit was constructed after October 1, 2015. Per Subchapter F: The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured using gross floor area as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of Section 25-1-22 (Measurements). BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); MARCH 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to approve with conditions no STR’s; Chair Jessica Cohen seconds on a 10-0 vote (Board member Nicholl Wade no vote off the dais); GRANTED WITH CONDITIONS NO STR’S. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the existing accessory unit (which is a garage with a room above it separates from the main …
E-6 C15-2022-0021 PP DS TO 5-9-22 RENOTICE — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet E-6 DATE: Monday April 11, 2022 CASE NUMBER: C15-2022-0021 ___Y___Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur (OUT) ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___-____Nicholl Wade (OFF THE DAIS) ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Bhavani Singal OWNER: Heidi Lew ADDRESS: 3701 ROBBINS RD 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 1. minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 2. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope with a gradient of 15 percent or (a) less from 35 percent (allowed) to 48 percent (requested), (58% existing) increase the maximum impervious cover on a slope with a gradient of more than 25 (c) percent and not more than 35 percent from 5 percent (allowed) to 14 percent (requested), (4% existing) in order to erect a new two story 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. BOARD’S DECISION: March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to April 11, 2022; Board Member Brooke Bailey 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 Michael Von Ohlen motions to postpone to May 9, 2022; Chair Jessica Cohen seconds on a 10-0 vote (Board member Nicholl Wade no vote off the dais); POSTPONED TO MAY 9, 2022. (RE-NOTIFICATION) 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 …
Approved Minutes — original pdf
AGENDA MEETING MINUTES April 11, 2022 The Board of Adjustment meeting convened on Monday, April 11, 2022. 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. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:43 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Agustina Rodriguez, Richard Smith, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Melissa Hawthorne (Vice Chair), Darryl Pruett, Nicholl Wade, Kelly Blume (Alternate) Board Members Absent: Barbara Mcarthur and Rahm McDaniel City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval March 14, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes; Item A-1 addendum Board Member Melissa Hawthorne motions to approve the minutes for March 14, 2022, Board member Brooke Bailey seconds on a 9-1 votes (Board members Michael B. C. Von Ohlen abstained and Thomas Ates no vote due to technical issues); APPROVED MINUTES FOR MARCH 14, 2022. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant/staff for Item C-1 and D-4 Board member Michael Von Ohlen motions to NOT approve postpone request for Item C-1 to October 10, 2022, Board member Jessica Cohen seconds on a 9-0-1 vote (Board member Melissa Hawthorne abstained and Thomas Ates no vote due to technical issues); Substitute Motion: Board member Brooke Bailey motions to table indefinitely for Item C-1; Board member Michael Von Ohlen seconds on a 10-0 1, vote (Board member Melissa Hawthorne abstained); Item …
BOA ATTENDANCE SHEET APRIL 11, 2022 — original pdf
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C-1 C16-2022-0002 ADV PACKET — original pdf
BOA SIGN REVIEW COVERSHEET CASE: C16-2022-0002 BOA DATE: March 14th, 2022 ADDRESS: 2323 San Antonio St OWNER: Campus Investors Austin, LP COUNCIL DISTRICT: 9 AGENT: Clay Hardman ZONING: CS-1-NP, CS-NP (West University) LEGAL DESCRIPTION: LOT 25-28 *LESS N5 FT OLT 36 DIV D HORSTS LOUIS SUBD VARIANCE REQUEST: illumination of a blade sign in order to provide signage for The Castilian SUMMARY: illuminated signage ISSUES: existing signage; recent code change ZONING CS-1-NP; CS-NP Site North CS-NP South CS-NP East West CS-CO-NP CS-NP ; MF-4-NP LAND USES Commercial Services Commercial Services Commercial Services Commercial Services Commercial Services; Multi-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council CANPAC (Central Austin Neigh Plan Area Committee) Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association My Guadalupe Neighborhood Empowerment Foundation Preservation Austin SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group University Area Partners West Campus Neighborhood Association C-1/1 C-1/2 C-1/3 C-1/4 e • ' ' ' 1 0 o i ' , ' ! 1 ! ' ' - ' ~ § c i ~ ! ~ 6 i i r d 6 ~ l . r ~ ! i : 8 z < - - ' " ' ' " ~ ~ ~ i 1 1 6 ' " ' " F ~ ' " ' " ' ~ ~ ~ ~ ~ " o I < - - ; , u - j i ; ~ g : : : ' f l 2 ~ 8 ~ ~ ~ ~ ; ; ~ c ~ = ~ ~ ~ l j M ~ ~ ~ " ' ~ z < - ~ ~ ! 1 : ~ ~ c § ~ ~ 5 i ' f ~ l 2 ~ > < = = · R ; > ) ~ d ~ ~ E 8 ' " " ' - ~ ! ~ ~ ~ ~ ; ! 0 . < c ~ ~ " < i c , : i c t ' ! ~ £ j ! : J G l § ~ ~ ~ - ~ ~ " 0 ~ ~ M O _ 0 " , l ~ j , , § . " ' ' " g ~ i a . J ' t : ; l ~ o o l j § ~ ' - : …
D-1 C16-2022-0001 ADV PACKET — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: February 14, 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) 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: FINDING: OR, D-1/1 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 Chair forD-1/2 February 15, 2022 Esteban Vilchez 10107 Research Blvd Svrd Nb Austin TX, 78759 Re: C16-2022-0001 Property Description: LOT 1 BLK A 183/ GREAT HILLS TRAIL SUBD Dear Esteban, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from City Code Chapter 25-10. 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 …
D-1 C16-2022-0001 PRESENTATION — original pdf
S I G N V A R I A N C E T A R G E T P Y L O N B O A M E E T I N G Walton Signage Esteban Vilchez D-1/1-PRESENTATION V A R I A N C E F A C T O R S • Existing Code: According to code, the max over all height is 35’ from “grade”. The Target parking lot is escalated above grade by 4’ so we were allowed an over all height of 31’ for this new pylon. • Location Issues: We had a location for the pylon however, when we went to dig the hole, there was an underground pipe that was not detected as it was on Targets property and not part of the underground utilities that is marked by the underground utility locator. • Variance Request: I would like to see if we can get an additional 10’ – 12’ of height approved. The location that would require this are within the tree line and would therefore need the height increase for the sign to be seen. D-1/2-PRESENTATION D-1/3-PRESENTATION E X A M P L E S O F S I G N W I T H E X I S T I N G C O D E A P P L I E D • As you can see from this flag test, the proposed location of the pylon would not clear the tree line as well as not provide any visibility whatsoever if you are looking westbound or eastbound down Great Hills Rd. The proposed request would not only provide us with the opportunity to save the landscaping on the property, but also provide traffic markers on the Great Hills Rd. D-1/4-PRESENTATION D-1/5-PRESENTATION D-1/6-PRESENTATION D-1/7-PRESENTATION D-1/8-PRESENTATION E X A M P L E S O F S I G N W I T H V A R I A N C E A P P L I E D • As you can see the proposed drawings depict the pylon around 10’-12’ taller which would clear the tree line as well as provide all the necessary markers for traffic. D-1/9-PRESENTATION D-1/10-PRESENTATION D-1/11-PRESENTATION D-1/12-PRESENTATION D-1/13-PRESENTATION H A R D S H I P • We believe that the proposed request should be approved because according to code chapter 25-10 which states: “The Board may grant a variance only if it finds …
E-1 C15-2022-0020 ADV PACKET PART1 — original pdf
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0020 BOA DATE: March 14th, 2022 ADDRESS: 800 Bouldin Ave OWNER: Valerie & John Meddaugh COUNCIL DISTRICT: 9 AGENT: Linda Sullivan ZONING: SF-3-NP (Bouldin Creek) LEGAL DESCRIPTION: LOT 7-8 *& N 21 FT OF LOT 6 BLK 3 ARBOLES ESTATE SEC 3 VARIANCE REQUEST: increase the height limit of an elevator shaft from 15%, 36.8 feet (maximum allowed) to 22%, 39 feet (requested) SUMMARY: expand elevator height ISSUES: topography of lot 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 Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bouldin Creek Neighborhood Association Bouldin Creek Neighborhood Plan Contact Team Bouldin Creek Zoning Committee Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition E-1/1 February 9, 2022 Linda Sullivan 800 Bouldin Ave Austin TX, 78704 Re: C15-2022-0020 Dear Linda, Property Description: LOT 7-8 *& N 21 FT OF LOT 6 BLK 3 ARBOLES ESTATE SEC 3 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC - 25-2-531. 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 E-1/2 E-1/3 E-1/4 E-1/5 E-1/6 E-1/7 E-1/8 E-1/9 E-1/10 E-1/11 E-1/12 E-1/13 E-1/14 E-1/15 E-1/16 E-1/17