Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
August 5, 2022 Tony Nguyen 4507 N Ih 35 Svrd Nb Austin TX, 78722 Re: C16-2022-0004 Dear Tony, Property Description: LOT 1 TERRY ROSS ADDN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Sections 25-10- 123(B)(2)(a)(i) and 25-10-123(B)(3)(a) at 4507 N Interstate 35. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM3/1-LATE BACKUP
August 5, 2022 Board of Adjustment 301 W. 2nd Street Austin, Texas 78701 RE: Case #C15-2022-0043, 509 E. 38th Street Dear Chair Cohen, Vice Chair Hawthorne, and Members of the Board of Adjustment, Preservation Austin exists to empower Austinites to shape a more inclusive, resilient, and meaningful community culture through preservation. We write to you today to respectfully support the owner’s request for a variance to subdivide 509 E. 38th Street with a reduced setback requirement in order to retain the existing historic-age home on the lot. The current code requires a setback of 10 feet and the owner requests a reduction to 9 feet and 4 inches. This variance will allow the owners to keep the existing house while creating density in a Central Austin neighborhood through subdivision and infill. If the variance is not granted, the owners of the property will be required to demolish the existing structure before finalizing the subdivision. The residence at 509 E. 38th Street was built in 1958 and sits on an oversized lot of 14,027 SF. It is an example of a Mid-century Ranch house that is characteristic of post-war American development and exhibits distinctive architectural features such as low-pitch roof lines, limestone veneer, and an oversized chimney. The house is in excellent condition and there is no reason why it cannot continue to serve as a home for future families. Too often our land development code incentivizes the demolition of existing, more affordable housing stock throughout Central Austin - in this case, because of a mere eight-inch discrepancy. This practice has environmental implications as well. We know based on our research that construction and demolition debris accounted for 25% of the waste found in Travis County’s three municipal solid waste landfills in 2020. If preserved, we believe this property is well suited to serve as an example of best practices in promoting preservation, sustainability, and density by balancing preservation and thoughtful new infill development. In a development climate that incentivizes preservation over demolition, we applaud the owner’s efforts to preserve older housing stock, add new housing, and divert landfill waste. It is for these reasons that Preservation Austin encourages the Board of Adjustment to grant this variance and allow the owners of 509 E. 39th Street to subdivide the lot with a reduced setback of 9 feet and 4 inches. Thank you for your service to the community, Linda Y. Jackson, …
From: To: Cc: Subject: Date: Attachments: Victoria Ramirez, Elaine Ramirez, Diana RE: REMINDER: August 8, 2022 PRESENTATION & Virtual Speaker Registration deadlines Monday, August 01, 2022 1:17:20 PM image004.png image006.png image007.png *** External Email - Exercise Caution *** We would like to request a postponement of this case to the September BOA hearing. More time is needed to produce renderings, as requested by Board Members. Please advise if I should submit a formal request on letterhead (electronically) or if this will suffice. Elaine – Thank you, Victoria Haase www.throwerdesign.com 512-998-5900 Cell 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78745 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Monday, August 1, 2022 12:31 PM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: RE: REMINDER: August 8, 2022 PRESENTATION & Virtual Speaker Registration deadlines Good afternoon Applicants on the Mon. August 8th, 2022 BOA mtg. Agenda, If you are receiving this e-mail, I have not received your Presentation. Please read this entire e-mail and note all deadlines The deadline to submit the Presentation (must be submitted in PDF format or PowerPoint) is TODAY, Monday, August 1st, before 3p.m. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) Presentation: If you would like the Board to follow along with you as you are giving your presentation (You will have 5 minutes to hone in on the main aspects of the case as you are presenting the case to the Board), you will need to have your Presentation completed and sent to me in PDF format or PowerPoint to give to our City Technician as well as our BOA Board will have access to view this the week prior to the meeting (DO NOT send in a drop box, link, etc. as our systems do not support these formats). The Deadline for this is Monday, August 1st, before 3p.m. No late Presentations or updated Presentations will be accepted after 3p.m. on Mon. Aug. 1st. The Presentation will need to be labeled with the following information: case #, address of project and name of Applicant speaking at the meeting. You will need to submit a Presentation each month you go before the Board, even if you have gone the previous month(s) The deadline for Applicants participating virtually (must be by deadline, no late virtual applicant/additional speakers will be able to register) is TODAY, Monday, August 1st, before …
TO: FROM: DATE: SUBJECT: M E M O R A N D U M Mayor and Council July 27, 2022 Denise Lucas, Director, Development Services Department Board of Adjustment Applicant Assistance Program - Staff Response to Resolution No. 20211014-045 On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. Staff have explored the creation of BAAP as well as a funding source. The staff focus for Board of Adjustment variance requests was narrowed to Residential Homestead Variances under a Zoning Variance or a Special Exception Variance. These are the two types of variance requests which cover the Council’s intended area of support. Based on previous variance request applications, staff anticipates 9 variance requests could be 100% financially supported each year at an approximate cost of $10,000 per year. The funding source for BAAP Fund for the financial support would come from the General Fund and would be budgeted each year. In addition, staff has identified an existing contract, managed by Austin Public Health, which will allow applicants access to pro-bono legal services. Collectively, the BAAP Fund will support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. Staff recommends creation of the BAAP Fund, which includes a recommended start date of October 1, 2022. Staff will await further direction from the City Council. If the Council adopts an action to create the BAAP Fund, staff will create the BAAP Fund program guidelines and will track program participants and outcomes for one year and report that information back to Council. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. xc: Spencer Cronk, City Manager Anne Morgan, Acting City Manager J. Rodney Gonzales, Assistant City Manager
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-3 DATE: August 8, 2022 CASE NUMBER: C16-2022-0004 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Apple Tree Holdings LLC-Tony Nguyen ADDRESS: 4507 IH 35 SVRD NB VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square a) feet (requested) and (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in b) order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office- Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a)on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot width more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (B) This subsection prescribes regulations for freestanding signs. (3)The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. BOARD’S DECISION: BOA MEETING JUNE 13, 2022 POSTPONED TO JULY 11, 2022 (AE DENIAL); JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY BOARD (AE DENIAL); Aug 8, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Brooke Bailey motions to postpone to October 10, 2022; Board member Melissa Hawthorne second on 9-0 vote; POSTPONED TO OCTOBER 10, 2022. FINDING: because: OR, OR, AND, 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: 2. The granting of this variance will not have a substantially adverse impact upon …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-4 DATE: Monday August 08, 2022 CASE NUMBER: C15-2022-0046 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___A____Richard Smith ABSTAINED ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Ricca Keepers OWNER: Leslie Socha ADDRESS: 1101 QUAKER RIDGE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Street Side Yard Setback from 15 feet (required) to 10 feet (requested), in order to erect an addition above the garage in a “SF-2”, Single-Family zoning district. BOARD’S DECISION: BOA meeting Aug 8, 2022 Due to lack of board members applicant requests to postpone, Chair Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne second on 8-0-1 vote (Board member Richard Smith abstained); 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 ___________________________ Madam Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-5 DATE: Monday August 08, 2022 CASE NUMBER: C15-2022-0064 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Mark Vornberg OWNER: Nickie and Eric Froiland ADDRESS: 1014 AVONDALE RD 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 12 feet 3 inches (requested), in order to erect a Carport in a “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (South River City Neighborhood Plan). BOARD’S DECISION: BOA MEETING AUG 8, 2022 the public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve; Board member Brooke Bailey second on 9-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot configuration is somewhat turned from what you would see in the traditional lot configuration along with the existing topography and depth of lot, existing home being close 12.3 ft in setback with elevation change is incredibly difficult. 2. (a) The hardship for which the variance is requested is unique to the property in that: the irregular lot shape along with topography and depth is tough (b) The hardship is not general to the area in which the property is located because: this lot is the steepest lot on Avondale and only property that has 20’depth grade change from front to back. 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: most structures on Avondale have either enclosed garages or carports, there is a takeout of impervious cover and redo and not to increase of impervious cover, carport is proposed same location and current driveway in alignment with same front setback as house. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Madam Jessica Cohen Madam Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-6 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0043 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____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; Aug 8, 2022 Due to lack of board members applicant requests to postpone, Chair Jessica Cohen motions to postpone to September 12, 2022; Board member Melissa Hawthorne second on 9-0 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 Item-7 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0048 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Rodney Bennett OWNER: Diana Patterson ADDRESS: 2500 SPRING LN VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height of six (6) feet or a maximum height of seven (7) feet (required) for a solid fence along the property line in order to construct a ten (10) feet (requested) tall masonry wall/fence along Bowman Avenue in a SF-3-NP”, Single-Family-Neighborhood Plan zoning district (WANG Neighborhood Plan). Note: The Land Development Code 25-2-899 (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. Homeowner was Granted a fence variance in 2010 from 6 ft. to 8 ft., C15-2010-0034. BOARD’S DECISION: BOA MEETING JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT; Aug 8, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve with condition that this is tied only to the area highlighted (on Bowman Ave.) as shown in the advance packet drawing Item-7/3, only side of the shopping center; Board member Barbara Mcarthur second on 9-0 vote; GRANTED WITH CONDITION THAT THIS IS TIED ONLY TO THE AREA HIGHLIGHTED (ON BOWMAN AVE.) AS SHOWN IN THE ADVANCE PACKET DRAWING ITEM-7/3, ONLY SIDE OF THE SHOPPING CENTER. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: most residential properties do not adjoin a public Street that has back of shopping center and back end is the delivery portion and truck traffic make it difficult to have a reasonable enjoyment of the property. 2. (a) The hardship for which the variance is requested is unique to the property in that: the obnoxiously loud of semi-trucks making deliveries at all hours of the day make it difficult to deal with commercial delivery and scheduling of dumpster pickup and have enjoyment of the property (b) The hardship is not general to the area in which the property …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-8 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0060 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______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; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 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 …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, AUGUST 8, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 8, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:33 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Ryan Nill, Agustina Rodriguez, Richard Smith Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Marcel Gutierrez-Garza (Alternate) PUBLIC COMMUNICATION: GENERAL None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on July 11, 2022 and Board of Adjustment Special called meeting on July 13, 2022. On-Line Link: Draft minutes July 11, 2022 The minutes from the meeting of (7/11/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (8-0-1) vote. (Board member Richard Smith abstained) On-Line Link: Draft minutes July 13, 2022 The minutes from the Special called meeting of (7/13/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (7-0-2) vote. (Board members Melissa Hawthorne and Barbara Mcarthur abstained) PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement by applicant for Item 8 to September 12, 2022. Chair Jessica Cohen motions to approve the postponement requests (by applicant) for Item 8 to September 12, 2022, Board member Brooke Bailey second on 9-0 vote, ITEM 8 POSTPONED TO SEPTEMBER 12, 2022 Previous Postponements Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not …
INTERPRETATION APPEAL REVIEW COVERSHEET CASE: C15-2022-0051 BOA DATE: July 13th, 2022 ADDRESS: 5900 Westminster Dr OWNER: TDC Griffin Windsor LLC COUNCIL DISTRICT: 4 APPELLANT: Larry Abraham ZONING: GR-V-CO-NP (Windsor Park) LEGAL DESCRIPTION: LOT 2 BLK C GASTON PLACE RESUB OF BLK C THE Appellant Interpretation: the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 SUMMARY: approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development ISSUES: VMU is not being applied equitably on the Windsor Village Site Plan. ZONING LAND USES GR-V-CO-NP Site North GR-MU-CO-NP South LO-MU-CO-NP; SF-3-NP East West SF-3-NP P-NP Community Commercial-Vertical Mixed Use Community Commercial-Vertical Mixed Use Limited Office; Single-Family Single-Family Public NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition Friends of Austin Neighborhoods Friends of Northeast Austin Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin Responsible Growth for Windsor Park SELTexas Sierra Club, Austin Regional Group Windsor Park Neighborhood Association Windsor Park Neighborhood Plan Contact Team Windsor Park-Pecan Springs Heritage NA A-1/1 CITY OF AUSTIN Development Services Department One Texas Center | Phone: 512.978.4000 505 Barton Springs Road, Austin, Texas 78704 Board of Adjustment Interpretations Application Appeal of an Administrative Decision AMENDED This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ C15-2022-0051 12938545 0222170914 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ I/We ________________________________________________ on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month , Day , Year , hereby apply for an interpretation hearing before the Board of Adjustment. City of Austin | Board …
AGENDA BOARD OF ADJUSTMENT Special Called Meeting July 13, 2022 at 5:00PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Tuesday, July 12, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Ryan Nill 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 ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) CALL TO ORDER A. INTERPRETATION NEW PUBLIC HEARINGS A-1 C15-2022-0051 Stuart Hersh (Appellant) TDC Griffin Windsor Owner, LLC 5900 Westminster Drive On-Line Link: Item A-1 The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: • • Article 2 – Site Development Standards • • • Article 3 – Building Design Standards • Article …
July 1, 2022 Lawrence D. Abraham (for Austin Mennonite Church) 5900 Westminster Dr Austin TX, 78723 Property Description: LOT 2 BLK C GASTON PLACE RESUB OF BLK C THE Re: C15-2022-0051 Dear Lawrence, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider an appeal of an administrative decision at 5900 Westminster Drive. 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
To: Chair Cohen Board of Adjustment Members From: Brent D. Lloyd Development Officer, DSD Date: July 8, 2022 Subject: Windsor Village Site Plan (Case No. Case No. SP-2020-093520) Appeal of Staff Interpretation of Subchapter E Requirements ________________________________________________________________________________________ The matter before the Board of Adjustment (“BOA”) is an administrative appeal of a decision by the Development Services Department (“DSD”) to approve the Windsor Village Site Plan (Case No. SP-2020- 093520), which Appellants contend is inconsistent with applicable zoning regulations. In particular, the issue of code interpretation before the Board is whether the site plan application complies with the requirements of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code (“LDC”). To assist the Board in understanding the issues, this report is laid out as follows: (1) General background on the development, at pp. 1-2; (2) Procedural requirements for the appeal, at p.2; (3) A summary of the issues before the Board, at pp. 2-3; and (4) DSD’s response to the issues raised by Appellants, at pp. 3-6. 1. Summary of Site Plan Application Subchapter E authorizes the construction of Vertical Mixed Use (“VMU”) development to facilitate a mix of commercial and residential uses on properties with “V” zoning. The site plan approval at issue in this is appeal is for a VMU development located at 5900 Westminster Drive, which is located in the University Hills/Windsor Park Neighborhood Plan between Westminster Drive and Berkman Drive. (For reference, a location map of the site is provided on the following page.) The site plan application consists of three VMU buildings located on Lot 1 and a 1.17-acre park dedicated to the City of Austin on Lot 3, with Westminster Drive serving as the principal street frontage for the development. Lots 2 and 4 are not proposed for development as part of this application. Building A is a 261,842 square foot building comprised of multi-family residential and retail. Building B is a 78,223 square foot building comprised of multi-family residential. Building B is connected to Building A via a structural awning and is therefore considered one structure. Building C is a 43,200 square foot building comprised of multi-family residential, personal services, and retail. 1 A-1/1-Staff report 2. Procedural Requirements for Appeal Appellants own the property located at 5801 Westminster Drive, which is occupied by Austin Mennonite Church and located within 200 feet of the development at issue. They filed their …
Windsor Village: Appeal of Interpretation Board of Adjustment – Item A-1 July 13, 2022 1 A-1/1-PRESENTATION (PH) Project Details • Address: 5900 Westminster Drive • Project Area: 4.97 acres • Required Parkland Dedication: 1.17 acres • Zoning: GR-V-CO-NP • Affordable Housing: SMART Housing and VMU Certified • SDP Submittal: June 24, 2020 (SP-2020-0257C.SH) • SDP Approval: May 2, 2022 2 A-1/2-PRESENTATION (PH) 3 A-1/3-PRESENTATION (PH) Appeal of Interpretation Subchapter E §1.1.5: To provide for and encourage development and redevelopment contains a compatible mix of residential and nonresidential uses than within close proximity to each other, separating uses. rather that Response: Public parkland and east-west connection dedicated during SDP process. Project buildings situated to line and complement new park space. 4 A-1/4-PRESENTATION (PH) Parkland Exhibit 5 A-1/5-PRESENTATION (PH) Appeal of Interpretation Subchapter E §2.1.7: Ensure that building entranceways are convenient to and easily accessible from the roadside pedestrian and bicycle system. Response: Commercial building entrances are located along Westminster Drive and pedestrian pathway along required parkland. 6 A-1/6-PRESENTATION (PH) Building Entrances Exhibit 7 A-1/7-PRESENTATION (PH) Appeal of Interpretation Subchapter E §2.1.10: Ensure that large sites are developed in a manner that supports and encourages connectivity and creates a cohesive visual identity and attractive street scene. In addition to parkland trail easements, Response: public pathways from Westminster Drive to Berkman Drive and improved sidewalks along Westminster Drive with street trees will be provided. A walkway along the north side connecting Westminster to Berkman is proposed as part of a future phase of the development. 8 A-1/8-PRESENTATION (PH) Appeal of Interpretation Subchapter E §3.1.3: Ensure that buildings contribute to the creation of a pedestrian-friendly environment through the provision of glazing, shading, and shelter at the pedestrian level. Response: Street trees on Westminster and shade elements at building entrances proposed. Pedestrian walkways through new park provide connectivity to commercial spaces. 9 A-1/9-PRESENTATION (PH) Trees Exhibit 10 A-1/10-PRESENTATION (PH) Appeal of Interpretation Subchapter E §4.3.3: Mix of Uses. A use on the ground floor must be different from a use on an upper floor. The second floor may be designed to have the same use as the ground floor so long as there is at least one more floor above the second floor that has a different use from the first two floors. At least one of the floors shall contain residential dwelling units. Pedestrian-Oriented Commercial Spaces. Along at least 75 percent of the building …
Ricardo Villalobos Ramirez, Elaine From: To: Cc: Subject: Date: C15-2022-0051 - Notice of Public Hearing Appeal Friday, July 01, 2022 3:59:18 PM *** External Email - Exercise Caution *** Good afternoon Elaine, My name is Ricardo Villalobos, P.E. and I am a resident in the Windsor Park Neighborhood. Copied on this email is my husband, Clayton Robbins, who also shares my views on this hearing as stated below. Our address is 2005 Northridge Dr, Austin, TX 78723 and we reside within 500 ft of the proposed development at 5900 Westminster Drive. We received a Notice of Public Hearing Land Development Code Variance - Interpretation Appeal and we wanted to submit our comments to the board. We have been following the proposed development of the 5900 Westminster Drive property and have been seeing a concerning chain of events. We would like to raise two comments of concern on the development and object to the current site plan application as follows: Item one, the first iteration of the design started with a 12+ acre development plan. The developer has now split the property into a number of smaller lots for the purposes of curtailing the requirements of the LDC to perform proper reviews and designs, meeting the needs of a large phased development. For instance, Section 2.2.5 of the LDC requires an Internal Circulation Route (ICR) for development of a site five acres or larger with frontage on a core transit corridor or urban roadway. If the developer intends to develop the entirety of the 12+ acre land, the site plan should follow all of the requirements of a master plan in a phased approach, not as less-than-5 acre individual site plans. The second item of concern is that the zoning requirements are also being skirted. First off, the zoning as shown on the plans is GR-V-CO-NP (a community commercial zone with vertical mixed use, following the neighborhood plan combining district) Vertical mixed use allows for inclusion of residential and commercial space combined. However, 49,980 SF of commercial space will be demolished and according to the C200 sheet of the Civil and Environmental Consultants, Inc. (CEC) reviewed by Jaime Cardenas on April 18, 2022, no replacement of commercial space has been designed in. I believe the removal of that amount of commercial property defies the overall intent of the community commercial zoning requirements. It has been over a year now that all …
Amanda Swor direct dial: (512) 807-2904 Board of Adjustment City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 July 11, 2022 Via Electronic Delivery Appeal Response: Windsor Village – Response to the Appeal of Interpretation filed for Re: the site development permit application for Windsor Village, the 4.97-acre and 1.17-acre pieces of property located at 5900 Westminster Drive in the City of Austin, Travis County, Texas (the “Property”). Chair Cohen and Board Members: As representatives of the owners of the Property, we respectfully submit the below and enclosed correspondence to the Appeal of Interpretation, case number C15-2022-0051, associated with site development permit for Windsor Village, case number SP-2020-0257C.SH (the “Project”). The Property owners have been working with City staff for over two years on the site development permit for this project. The Site Development Permit was issued from the City of Austin for the project on May 2, 2022. Subsequently the Austin Mennonite Church (the “Appellant”) filed an appeal on May 19, 2022 to specific staff interpretations associated with the Site Development Permit. The below information is intended to provide additional information for the items that were specifically appealed by the appealing party. 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map. a. Subchapter E §1.1.5: To provide for and encourage development and redevelopment that contains a compatible mix of residential and nonresidential uses within close proximity to each other, rather than separating uses. Appellant Argument: The project “does not relate well to adjoining public streets, open spaces or the neighborhood.” 2607 Bee Caves Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com A-1/1-PERMIT HOLDER RESPONSE P a g e | 2 • Response: The Project is dedicating public parkland to the City of Austin as part of the Site Development Permit review process. The Property Owner worked extensively with the Austin Parks and Recreation Department to determine the size, location and park program elements associated with the required parkland. The land dedicated provides both an east-west connection on the south side of the project as well as a destination along the southeastern portion of the Property. The vast majority of the parkland is situated along Westminster Drive, providing a community space across the street from the existing Austin Public library. Additionally, the buildings for the Project were situated to front and complement the new public …
