CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0057 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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) OWNER/APPLICANT: Aaron Seifert ADDRESS: 8114 CACHE DR 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 street side yard setback from 15 feet (required) to 5 feet (requested) in order to complete a shed in a “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with condition that the variance only applies to the proposed structure (new shed) Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITION THAT THE VARIANCE ONLY APPLIES TO THE PROPOSED STRUCTURE (NEW SHED). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: other properties have a 5 foot setback on the side of their property, however the street side setback is 15 feet because of homes location which limits the buildable area in this lot, also unique to the property is the 40 foot easement. 2. (a) The hardship for which the variance is requested is unique to the property in that: a 40 foot easement on the back of this property, a tree with a critical root zone that don’t want to infringe upon, a retaining wall that would cause structural issues if built across it, for that reason need to be able to build within 15 foot setback that has been set by the city. (b) The hardship is not general to the area in which the property is located because: the drainage/utility easement is not in every backyard, it is specific to the property. 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: the structure will still be setback 5 feet from out property line, which is 15 feet from the street. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0058 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Ada Corral OWNER: Elizabeth Schaub/Karl Richichi ADDRESS: 2202 LONGVIEW ST decrease the minimum rear yard setback from 10 feet (required) to 5 feet 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: 1. (requested) for the existing non-complying primary residence to complete a remodel/addition and decrease the minimum front yard setback from 25 feet (required) to 16 feet 2. (requested) and decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) for a detached 2-car garage accessory structure with washroom and 2nd FL Living room in a “SF-3-CO-NP”, Single-Family-Combined Overlay-Neighborhood Plan zoning district (West University Neighborhood Plan). BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve; Board member Brooke Bailey seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the existing house is on small lot, most configurations short side of lot is the front, most cases long side is street or side street, alley side would be rear, approving this as a regular lot short side in the front. 2. (a) The hardship for which the variance is requested is unique to the property in that: lot is set from a typical view and 23” diameter live oak tree reduces the buildable area, an existing house and accessory unit would be built as it would be considered side street setback which would be in alignment with other structures. (b) The hardship is not general to the area in which the property is located because: the majority of area lots ae standard lots that have not been re-platted and doesn’t have this odd configuration or heritage tree in the middle of the lot. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-5 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0059 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Christina Contros OWNER: Gregory A Okorn ADDRESS: 1703 CEDAR BEND DR lot size requirements to decrease the minimum lot size of 43,564 square feet setback requirements to decrease the minimum front yard setback from 40 feet VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2- 492 (Site Development Regulations) from: a) (required) to 19,934 square feet (requested) b) (required) to 19 feet 5 inches (requested) c) (requested) and d) 34.5% (requested) in order to erect a one story addition to an existing Single-Family residence in a “RR”, Rural Residential zoning district. building coverage requirements to increase from 20% (maximum allowed) to 21.6% impervious coverage requirements to increase I.C. from 25% (maximum allowed) to BOARD’S DECISION: BOA meeting July 11,2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Ryan Nill motions to approve; Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot was subdivided from Tract 2 Tanglewild Estates in September 1974, the existing single story residence was constructed in 1977, the COA annexed the area in 1984, full annexation was 1992. 2. (a) The hardship for which the variance is requested is unique to the property in that: this substandard lot was created in 1974 with the resubdivision of Tract 2 Tanglewild Estates not allowing for zoning requirements for RR zone to be met, annexation by the city placed a zoning overlay on a property not able to comply. (b) The hardship is not general to the area in which the property is located because: several of the original lots in Tanglewild Estates remain intact and are larger and therefore comply with RR zoning, most original lots have been re-subdivided and are smaller and are zoned differently, there lots have been rezoned for higher density. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-6 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0060 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: 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 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. (C) (1) (a) from height limitations to increase the height limit from two (2) stories 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 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. 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 …
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: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday July 11, 2022 CASE NUMBER: C15-2020-0038 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Jim Wittliff OWNER: Braden Crockett ADDRESS: 1409 POSSUM TROT VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) in order to maintain an existing Duplex in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (West Austin Neighborhood Plan). BOARD’S DECISION: July 12, 2021 POSTPONED TO JAN 10, 2022 -AE DENIAL July 11, 2022 -RENOTICE: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) in order to maintain an existing Duplex in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (West Austin 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 approve with condition that this variance only applies to the existing duplex structure located at 1409 Possum Trot, if structure is demolished the variance is rescinded; Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITION THAT THIS VARIANCE ONLY APPLIES TO THE EXISTING DUPLEX STRUCTURE LOCATED AT 1409 POSSUM TROT, IF STRUCTURE IS DEMOLISHED THE VARIANCE IS RESCINDED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the property was built in 1942 as a duplex and a single family residence on the same property 2. (a) The hardship for which the variance is requested is unique to the property in that: the tract was then annexed into the City of Austin four years later, on March 14, 1946, the property is not platted lot, but the COA issued a Land Status Determination on Sept. 27, 2002, the new property owner wishes to plat the property as two lots in order to bring it into conformance with the existing SF-3 zoning. (b) The hardship is not general to the area in which the property is located because: …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Rao Vasamsetti OWNER: 5413 Guadalupe LLC ADDRESS: 5413 GUADALUPE STREET VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet (required) to 4 feet (requested), in order to erect a three story condominium in a “MF-4-CO-NP”, Multi-Family-Conditional Overlay-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 APPLICANT NO SHOW - The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on a 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne seconds on a 11-0 vote; 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: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0043 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez OUT _______Richard Smith OUT _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) OUT _______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; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY 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 E-4 DATE: Monday July 11, 2022 CASE NUMBER: C15-2022-0047 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____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: Christian Gutierrez OWNER: Steven Walker ADDRESS: 4522 CASWELL AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested), in order to remodel a Garage/Studio in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Michael Von Ohlen seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. JULY 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to approve with condition no STR (Short-term rental); Board member Melissa Hawthorne seconds on a 11-0 vote; GRANTED WITH CONDITION NO STR (SHORT-TERM RENTAL). FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the existing building (original 1920’s garage) is encroaching over the rear yard setback. 2. (a) The hardship for which the variance is requested is unique to the property in that: the protected trees (5 trees) critical root zone would be impacted by the renovation process if we were to move the structure outside the rear yard setback to comply with current setback restriction. (b) The hardship is not general to the area in which the property is located because: it applies to the specific locations of the protected tree critical root zones in that particular lot and location. 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: they will renovate the structure with the same architectural features present in the existing structure to preserve its historic value. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
AGENDA MEETING MINUTES July 11, 2022 The Board of Adjustment meeting convened on Monday, July 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 5:39 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Ryan Nill, Michael Von Ohlen, Marcel Gutierrez-Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Melissa Hawthorne (Vice Chair), Barbara Mcarthur, Darryl Pruett, Nicholl Wade, Carrie Waller (Alternate) Board Members Absent: Agustina Rodriguez and Richard Smith 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 June 13, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. Board Member Melissa Hawthorne motions to approve the minutes for June 13, 2022, Board member Brooke Bailey seconds on a 10-1-0 votes (Board member Marcel Gutierrez-Garza abstained); APPROVED MINUTES FOR June 13, 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/neighborhood/staff for Items C- 2 AE Denial; Items D-1, E-3 requesting postponement to August 8, 2022 by applicant, Item C-1 requesting withdrawal by applicant. Board member Melissa Hawthorne motions to approve postponement requests (by applicant) for Items D-1 and E-3 and Item C-2 (AE denial) postponement request (by board) to August 8, 2022, Board member Thomas Ates seconds on an 11-0 vote, ITEMS D-1, E-3 and C-2 POSTPONED TO AUGUST 8, 2022 AND C-1 WITHDRAWN BY APPLICANT. SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2022-0001 Esteban Arrieta for Eames Gilmore 10107 Research Boulevard …
AGENDA MEETING MINUTES May 9, 2022 The Board of Adjustment meeting convened on Monday, May 9, 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 5:35 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Melissa Hawthorne (Vice Chair), Agustina Rodriguez, Michael Von Ohlen Board Members in Attendance (virtually via teleconference): Thomas Ates, Barbara Mcarthur, Darryl Pruett, Kelly Blume (Alternate) Marcel Gutierrez-Garza (Alternate), Carrie Waller (Alternate) Board Members Absent: Brooke Bailey, Richard Smith, Nicholl Wade 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 April 11, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. D. Board Member Melissa Hawthorne motions to approve the minutes for April 11, 2022, Board member Michael Von Ohlen seconds on a 9-0-1 votes (Board member Barbara Mcarthur abstained); APPROVED MINUTES FOR APRIL 11, 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/neighborhood/staff for Items D- 1, G-1, G-2, F-3; AE Denial for Items F-1 and F-3 Board member Melissa Hawthorne motions to add Items F-1 and F-3 to the Postponement requests to June 13, 2022 due to AE denials, Board member Agustina Rodriguez seconds on a 10-0 vote, ADDED ITEMS F-1 AND F-3 TO JUNE 13, 2022 POSTPONEMENT REQUESTS. Board member Melissa Hawthorne motions to approve the postponement requests for Items D-1, G-1, G-2, F-1 and F-3 to June 13, 2022, Board member Michael Von Ohlen …
BOA SIGN REVIEW COVERSHEET CASE: C16-2022-0004 BOA DATE: June 13th, 2022 ADDRESS: 4507 N IH 35 SVRD NB OWNER: Tony Nguyen COUNCIL DISTRICT: 9 AGENT: N/A ZONING: LO-NP (Upper Boggy Creek) LEGAL DESCRIPTION: LOT 1 TERRY ROSS ADDN VARIANCE REQUEST: exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) SUMMARY: provide signage for a multi-tenant office ISSUES: large trees over 35 feet high ZONING LAND USES LO-NP SF-3-NP Site North South LO-CO-NP East West SF-3-NP CS-CO-NP Limited Office Single-Family Limited Office; General Commercial Services Single-Family General Commercial Services NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition Delwood II Neighborhood Organization Friends of Austin Neighborhoods Homeless Neighborhood Association Mueller Community Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Upper Boggy Creek Neighborhood Planning Team C-1/1 T T E N N E B T R O P R A I N O M R A H T R O P O AIR B T 5 S N IH 3 T S 5 3 O 51 B T 5 N N IH 3 LY L E N N O C 46T H 35 5 3 O P T R 5 3 O A I R B T 5 S N I H 3 D O O ELW F AIR W O O D F E R N W O O D 45 T H N O S K R A L C B S D U 5 3 H I O T B S T R O P R A I B S D R V S 5 3 H I O T T R O P R A B S D U 5 3 H I O T T R O P R A I 44TH 43 R D R T O P I K C E R D E P P 5 U 3 K C E R D E P P 5 U 3 N IH 3 5 U B T O A IR D N C R E S T W O O D ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C16-2022-0004 4507 N IH 35 SERVICE RD NB This product is for informational …
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 D-1/1 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 ____________________________ forD-1/2 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) …
BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: decrease the minimum Interior Side Yard Setback from 5 feet to 4 feet CASE: C15-2022-0002 BOA DATE: June 13th, 2022 ADDRESS: 5413 Guadalupe St OWNER: 5413 Guadalupe LLC COUNCIL DISTRICT: 4 AGENT: Rao Vasamsetti ZONING: MF-4-CO-NP (North Loop) LEGAL DESCRIPTION: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 SUMMARY: erect three story condominiums and associated improvements ISSUES: existing adjacent buildings have similar setbacks Site North South East West ZONING MF-4-CO-NP CS-CO-NP SF-3-NP MF-3-NP; SF-3-NP MF-3-NP; SF-3-NP LAND USES Multi-Family General Commercial Services Single-Family Mutli-Family; Single-Family Mutli-Family; Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Loop Neighborhood Association North Loop Neighborhood Plan Contact Team Preservation Austin SELTexas Sierra Club, Austin Regional Group E-1/1 May 25, 2022 Lendy Capital Group 26603 Circle Mill Ln Katy, TX 77494 Re: C15-2022-0002 Dear Rao, Property Description: LOT 16&21 BLK 1 NORTHFIELD ANNEX NO 2 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-492/25-2-65 at 5413 Guadalupe St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com E-1/2 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0002 5413 GUADALUPE STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or …
BOA GENERAL REVIEW COVERSHEET VARIANCE REQUEST: a Two-Family Residential use location at least 10 feet to the rear or side of the principal structure (required) to a Two-Family use location at to the front of the principal structure (requested) CASE: C15-2022-0044 BOA DATE: June 13th, 2022 ADDRESS: 1907 E 9th St OWNER: Lucas I Schlager COUNCIL DISTRICT: 1 AGENT: Jason Fryer ZONING: SF-3-NP (Central East Austin) LEGAL DESCRIPTION: LOT 4 BLK 20 GRANDVIEW PLACE SUMMARY: construct a Primary Structure to the rear ISSUES: this property has one of the few original 1941 bungalows 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 Blackshear-Prospect Hill Central Austin Concerned Architects Del Valle Community Coalition East Austin Conservancy El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Organization of Central East Austin Neighborhoods Preservation Austin SELTexas Sierra Club, Austin Regional Group E-2/1 May 25, 2022 Jason Fryer 1907 E 9th St Austin TX, 78702 Re: C15-2022-0044 Dear Jason, Property Description: LOT 4 BLK 20 GRANDVIEW PLACE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-774(c)(2)(a) at 1907 E 9th St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com E-2/2 S R E M L A H C A LIN A S TILLOTSON N L O C LIN N O HIC C COLLEGE 11TH O H C N O C 10TH 9TH 8TH 10TH L MIL P R O S P E C T 8TH 9TH 7TH 6TH HIDALGO 5TH ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0047 BOA DATE: June 13th, 2022 ADDRESS: 4522 Caswell Ave OWNER: Steven Walker COUNCIL DISTRICT: 9 AGENT: Christian Gutierrez ZONING: SF-3-NCCD-NP (Hyde Park Neighborhood Conservation Combining District Neighborhood Plan) LEGAL DESCRIPTION: LOT 1A LINDEN PLACE VARIANCE REQUEST: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested). SUMMARY: remodel addition to a garage/studio ISSUES: protected trees critical root zones ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group E-3/1 May 25, 2022 Christian Gutierrez 6273 Negley B Kyle, TX 78640 Re: C15-2022-0047 Dear Christian, Property Description: LOT 1A LINDEN PLACE Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Section 25-2, Subchapter F, 2.4 at 4522 Caswell Ave. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please 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 E-3/2 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2022-0047 4522 CASWELL AVENUE This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. E-3/3 E-3/4 E-3/5 E-3/6 …
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 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 F-1/1 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: …
F-1/72 F-1/73 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. F-1/74 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet G-2 DATE: Monday May 9, 2022 CASE NUMBER: C15-2022-0012 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2717 LONG BOW TRL increase the maximum impervious cover on a slope with a gradient of 15 percent or increase the maximum impervious cover on a slope with a gradient of 15 percent VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) less from 35 percent (allowed) to 40 percent (requested) (b) and not more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) to 27 percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. increase the maximum impervious cover on a slope with a gradient of more than 25 increase the maximum impervious cover on a slope gradient greater than 35 percent Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT; April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to deny; Board Member Nicholl Wade seconds on a 10-1 vote (Board member Kelly Blume nay); DENIED. RECONSIDERATION REQUESTED: MAY 9, 2022 POSTPONED TO JUNE 13, 2022 …
