CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: March 14, 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 ___-____Michael Von Ohlen OUT ___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. 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
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday March 14, 2022 CASE NUMBER: C15-2022-0020 ___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 ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Valerie and John Meddaugh ADDRESS: 800 BOULDIN AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-531 (Height Limit Exceptions)(C) (1) in order to increase the height limit of an elevator shaft from 15%, 36.8 feet (maximum allowed) to 22%, 39 feet (requested) in order to erect an elevator for a Single Family Residence in a SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). Note: Per LDC 25-2-531 (Height Limit Exceptions) (A) This section provides exceptions to zoning district height limits. (B) Subsection (C) applies to: (1)parapet walls, chimneys, vents, and mechanical or safety features including fire towers, stairways, elevator penthouses, heating or cooling equipment, solar installations, and protective covers; and (2) ornamental towers, cupolas, domes, and spires that are not designed for occupancy. (C) A structure described in Subsection (B) may exceed a zoning district height limit by the greater of: (1) 15 percent BOARD’S DECISION: March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Richard Smith motions to approve; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the slope of the log dictates an average adjacent grade that is more restrictive and does not allow for the elevator shaft to protrude 2.2’ beyond the required tent which make the uppermost living area not accessible by residents with disabilities 2. (a) The hardship for which the variance is requested is unique to the property in that: the topography of the lot creates challenges as well as having an existing house with an average grade which makes it more non-consistent with other lots in the neighborhood, the lot slopes and makes it hard to get an elevator into the home. (b) The hardship is not general to the area in which the property is located because: the lot’s topography is more sloped that the adjacent lots, the slope falls diagonally across from corner to corner creating an additional challenge. 3. The variance will not alter …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday March 14, 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 ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___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): 1. decrease the minimum Front Yard Setback from 40 feet (required) to 15 feet (requested) and 2. (a) percent or less from 35 percent (allowed) to 48 percent (requested), (58% existing) (c) than 25 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. increase the maximum impervious cover on a slope with a gradient of 15 25-2-492 (Site Development Regulations) from setback requirements to increase the maximum impervious cover on a slope with a gradient of more 25-2-551 (Lake Austin District Regulations) (C) (3) 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. 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
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday March 14, 2022 CASE NUMBER: C15-2022-0022 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___-____Barbara Mcarthur OUT ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___A____Richard Smith ABSTAINED ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) ) APPLICANT: Claudia De La Vega OWNER: Luis Jauregui ADDRESS: 4901 MIRADOR 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 front yard setback from 40 feet (required) to 30 feet (requested) in order to erect a Single-Family residence in a “RR”, Rural Residence. BOARD’S DECISION: March 14, 2022, The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve as per site plan E- 3/11; Board Member Brooke Bailey seconds on a 9-0-1 vote (Board members Richard Smith abstained); GRANTED AS PER SITE PLAN E-3/11. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: lot is split between Austin jurisdictions full purpose and ETJ Travis county, as well as homeowners association guidelines, align with rest of houses in the subdivision. 2. (a) The hardship for which the variance is requested is unique to the property in that: all other houses don’t have the jurisdictional split between them. (b) The hardship is not general to the area in which the property is located because: because of the jurisdictional split gives that conflicting rules 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: surrounding homes all follow the homeowner association and guidelines and have same setbacks. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday March 14, 2022 CASE NUMBER: C15-2022-0024 ___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 ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Michael Linehan OWNER: Christian Merritt ADDRESS: 2206 S 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) to decrease the minimum lot width from 50 feet (required) to 43.02 feet (requested) in order to erect a Single-Family Residence and Accessory structure in a SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Brooke Bailey motions to approve with condition limited to .4 FAR; Board Member Melissa Hawthorne seconds on a 10-0 vote; GRANTED WITH CONDITION LIMITED TO .4 FAR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the property is zoned SF-3, subdivided in 1893, received a land status determination in 2003, property is currently developed with an old single family residence, propose use is to remain the same, asking for lot width only. 2. (a) The hardship for which the variance is requested is unique to the property in that: the subject property was platted in 1893 at 43 feet in width several lots in this subdivision are the same. (b) The hardship is not general to the area in which the property is located because: Other lots in adjacent subdivisions have a width of greater than 50 feet in width 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 applicant seeks to construct a single family residence with a back structure which is common in the area, will fit with current code and design and not out of scale with area of character. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet F-1 DATE: Monday March 14, 2022 CASE NUMBER: C15-2021-0097 ___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 ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home 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 Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the 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 Thomas Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021; Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 BY APPLICANT; 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; POSTPONED TO MARCH 14, 2022 BY APPLICANT; March 14, 2022 APPLICANT NO SHOW -Board Member Melissa Hawthorne motions to postpone to June 13, 2022; Board Member Darryl Pruett seconds on a 10-0 vote; POSTPONED TO JUNE 13, 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
CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 CASE NUMBER: C15-2021-0100 DATE: Monday March 14, 2022 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur OUT _______Rahm McDaniel OUT _______Darryl Pruett ABSTAINED _______Agustina Rodriguez ABSTAINED _______Richard Smith _______Michael Von Ohlen OUT _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) N/A _______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 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday March 14, 2022 CASE NUMBER: C15-2022-0001 ___Y____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___N____Melissa Hawthorne ___-____Barbara McarthurOUT ___-____Rahm McDaniel OUT ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ____-___Michael Von Ohlen OUT ____Y___Nicholl Wade ____Y___Kelly Blume (Alternate) ____-___Carrie Waller (Alternate) N/A ____A___Marcel Gutierrez-Garza (Alternate) ABSTAINED APPLICANT: Stephen Hawkins OWNER: Morgan and Lydia Mills ADDRESS: 3002 RIVERCREST 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 front yard setback from 40 feet (required) to 25 feet (requested) in order to erect a Single Family residence in a “LA”, Lake Austin zoning district. BOARD’S DECISION: BOA meeting Jan 10 2022-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, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Brooke Bailey motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 10-1 vote (Board member Darryl Pruett nay); POSTPONED TO MARCH 14, 2022; March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Brooke Bailey motions to deny; Board Member Darryl Pruett seconds on a 7-2-1 vote (Board members Jessica Cohen, Melissa Hawthorne nay and Marcel Gutierrez-Garza abstained); DENIED. 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
CITY OF AUSTIN Board of Adjustment Decision Sheet F-4 DATE: Monday March 14, 2022 CASE NUMBER: C15-2022-0010 ___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 ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) N/A ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Christopher Paladino OWNER: Christopher Paladino ADDRESS: 4013 CLAWSON RD VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2 492 (D) (Site Development Regulations) to decrease the minimum lot width from 50 feet (required) to 34.8 feet (requested) for front lot and 49.82 feet (requested) for rear lot in order to subdivide the current lot into 2 lots and build 2 new single family homes and 2 new second dwelling units on each lot in a “SF-3”, Single-Family Residence zoning district. 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 Melissa Hawthorne motions to approve with conditions as per previously approved case C15-2020-0016 dated June 8, 2020 ( F-4/10 and F-4/11) and limited to .4 FAR- conditions approved on June 8, 2020: 1) garage on both units stay as one story with no habitable space, and that 2) subdivision be compliant with the south lamar flood mitigation plan (10% capture) even though single family use is proposed and this would not otherwise be required, and that 3) a screened area for all trash receptacles behind the propery line be planned for at subdivision and added at construction; Board Member Brooke Bailey seconds on a 10-0 vote; GRANTED WITH CONDITIONS AS PER PREVIOUSLY APPROVED CASE C15-2020-0016 DATED JUNE 8, 2020 ( F-4/10 AND F-4/11) AND LIMITED TO .4 FAR – CONDITIONS APPROVED ON JUNE 8, 2020: 1) GARAGE ON BOTH UNITS STAY AS ONE STORY WITH NO HABITABLE SPACE, AND THAT 2) SUBDIVISION BE COMPLIANT WITH THE SOUTH LAMAR FLOOD MITIGATION PLAN (10% CAPTURE) EVEN THOUGH SINGLE FAMILY USE IS PROPOSED AND THIS WOULD NOT OTHERWISE BE REQUIRED, AND THAT 3) A SCREENED AREA FOR ALL TRASH RECEPTACLES BEHIND THE PROPERY LINE BE PLANNED FOR AT SUBDIVISION AND ADDED AT CONSTRUCTION. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: SF-3 zoning contemplates a density of eight primary residences and eight secondary residences per acre, subject property is 19,602 SF …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-5 DATE: Monday March14, 2022 CASE NUMBER: C15-2022-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Jonathan Kaplan OWNER: David Scott Kosch ADDRESS: 2715 LONG BOW TRL VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 40 percent (requested) (b) more than 25 percent from 10 percent (allowed) to 40 percent (requested) (c) percent and not more than 35 percent from 5 percent (allowed) to 40 percent (requested) (d) percent (requested), in order to complete a Single-Family residence in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on November 17, 1969 (E) This subsection specifies additional development standards based on slope gradient in a Lake Austin (LA) district. (2) On a slope with a gradient of more than 35 percent, development is prohibited except for the construction of a fence, driveway, road or utility that cannot be increase the maximum impervious cover on a slope gradient greater than 35 percent to 40 increase the maximum impervious cover on a slope with a gradient of 15 percent and not increase the maximum impervious cover on a slope with a gradient of 15 percent or less increase the maximum impervious cover on a slope with a gradient of more than 25 reasonably placed elsewhere, or a non-mechanized pedestrian facility, such as a foot path, sidewalk, or stairs. BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to postpone to March 14, 2022; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO MARCH 14, 2022; March 14, 2022 POSTPONED TO APRIL 11, 2022 BY APPLICANT 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-6 DATE: Monday March 14, 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 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. 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 increase the maximum impervious cover on a slope gradient greater than 35 percent 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 more than 25 increase the maximum impervious cover on a slope with a gradient of 15 percent 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 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-7 CASE NUMBER: C15-2022-0018 DATE: Monday March 14, 2022 ___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 ___-____Michael Von Ohlen OUT ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) N/A ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Jason McNair OWNER: Paul Smith ADDRESS: 54 ANTHONY STREET 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) b) Section 25-2-943 (Substandard Lot) (B) (1) (a) to decrease the minimum Lot Size 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. Section 25-2-492 (Site Development Regulations) from setback requirements to decrease 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. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-8 DATE: Monday March 14, 2022 CASE NUMBER: C15-2022-0019 _______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) OWNER/APPLICANT: Andrew Ryan Thompson ADDRESS: 607 E 49TH ST 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 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 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 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 …
AGENDA MEETING MINUTES March 14, 2022 The Board of Adjustment meeting convened on Monday, March 14, 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 5:37 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Marcel Gutierrez- Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Brooke Bailey, Melissa Hawthorne (Vice Chair), Darryl Pruett, Agustina Rodriguez, Richard Smith, Nicholl Wade, Kelly Blume (Alternate) Board Members Absent: Barbara Mcarthur, Rahm McDaniel, Michael Von Ohlen 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 February 14, 2022 draft minutes A-1 On-Line Link: Item A-1 A-1/1 Board Member Melissa Hawthorne motions to approve the minutes for February 14, 2022 with corrections for Items D-1 and F-3, Board member Brooke Bailey seconds on a 10-0 votes; APPROVED MINUTES FOR FEBRUARY 14, 2022 WITH CORRECTIONS FOR ITEMS D-1 AND F-3. B. 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 Items F-2, F-5, F-6, F-8 Board member Melissa Hawthorne motions to approve postpone requests for Items F-2, F-5, F-6, F-8 to April 11, 2022, Board member Brooke Bailey seconds on a 10-0 vote; APPROVED POSTPONED REQUESTS FOR ITEMS F-2, F-5, F-6, F-8 TO APRIL 11, 2022 AS REQUESTED. C. SIGNS NEW PUBLIC HEARINGS C-1 C16-2022-0002 Clay Hardman for Campus Investors Austin, LP 2323 San Antonio Street On-Line Link: Item C-1; NO PRESENTATION The applicant is requesting a sign variance(s) from the …
ADDENDUM MEETING MINUTES March 14, 2022 The Board of Adjustment meeting convened on Monday, March 14, 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 5:37 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Marcel Gutierrez- Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Brooke Bailey, Melissa Hawthorne (Vice Chair), Darryl Pruett, Agustina Rodriguez, Richard Smith, Nicholl Wade, Kelly Blume (Alternate) Board Members Absent: Barbara Mcarthur, Rahm McDaniel, Michael Von Ohlen City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and Diana Ramirez (Board Secretary) G. NEW BUSINESS G-6 Discussion and possible action regarding the budget memo email distributed by the City Clerk’s office DISCUSSED; CONTINUE TO April 11, 2022 H. ADJOURNMENT 9:13 PM The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days before the meeting date. Please call or email Board Liaison Elaine Ramirez, Development Services, at 512-974-2202 / elaine.ramirez@austintexas.gov or Board Secretary Diana Ramirez, Development Services, at 512-974-2241 / diana.ramirez@austintexas.gov , for additional information; TTY users route through Relay Texas at 711. For more information on the Board of Adjustment, please contact Board Liaison, Elaine Ramirez, Development Services, at 512-974-2202 / elaine.ramirez@austintexas.gov A-1/1
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: December 13, 2021 CASE NUMBER: C16-2021-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (abstained) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Renee Bornn OWNER: Villas Rio, LP ADDRESS: 2111 RIO GRANDE 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 1 sign(s) on the property: a) (F) to allow one (1) wall signs above the second floor (maximum allowed) to the eight floor (requested) b) (H) to allow for the one (1) sign(s) to all be illuminated in order to provide signage for the Villas on Rio Grande in a “GO-MU, LO-NP, MF-4-NP”, General Office- Mixed Use, Limited Office, Multi-Family– 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. D-1/1 (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Oct 11, 2021 BOA MEETING POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (AS REQUESTED BY APPLICANT); Nov 8, 2021 POSTPONED TO DEC 13, 2021 (per applicant); Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 BY APPLICANT FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________ forD-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: November 8, 2021 CASE NUMBER: C16-2021-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (abstained) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0001 BOA DATE: January 10th, 2022 ADDRESS: 3002 Rivercrest Dr OWNER: Morgan & Lydia Mills COUNCIL DISTRICT: 10 AGENT: Stephen Hawkins ZONING: LA LEGAL DESCRIPTION: LOT 12A BLK A RIVERCREST ADDN SEC 1 AMENDED PLAT OF LOTS 11&12 VARIANCE REQUEST: decrease the minimum front yard setback from 40 feet (required) to 25 feet (requested) SUMMARY: erect a Single-Family residence with attached garage ISSUES: configuration of lot, critical root zone of protected trees on neighboring property ZONING LAND USES Site LA North LA South LA LA East LA West Single-Family Single-Family Single-Family Single-Family Lake Austin NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets BRNA ASSOCIATION INC. City of Rollingwood Friends of Austin Neighborhoods Glenlake Neighborhood Association Neighborhood Empowerment Foundation SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources The Creek at Riverbend Neighborhood Association E-1/1 December 6, 2021 Stephen Hawkins 3002 Rivercrest Dr Austin TX, 78746 Re: C15-2022-0001 Dear Stephen, Property Description: LOT 12A BLK A RIVERCREST ADDN SEC 1 AMENDED PLAT OF LOTS 11&12 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance from LDC Section 25-2-551 to allow construction of a garage up to a 25’ setback line. 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 Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 E-1/2 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone: 512.978.4000 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. 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 …
