1308 West 9 ½ Street C15-2021-0081 Board of Adjustment September 13, 2021 E-4/1-PRESENTATION Request - Chapter 25-2, Subchapter F, Article 2, § 2.1 Allow an increased floor-to-area ratio from 0.4:1 to 0.45:1. (An increase of 400 square feet.) (Note, the request included in the application was an increased floor-to-area ratio from 0.4:1 to 0.46:1, an increase of 500 square feet.) E-4/2-PRESENTATION Site Location E-4/3-PRESENTATION E-4/4-PRESENTATION E-4/5-PRESENTATION BOA Guidebook - Findings From the BOA Guidebook (pg. 7) • The regulation deprives the property of a “reasonable use” that is fundamental to its use and enjoyment and is allowed by zoning ordinance. • The property is zoned SF-3 which is intended for use a single-family residential use. The regulations that exist do not allow for the existing family to continue to reside in the structure. A four-bedroom home is a reasonable single-family use. • A hardship that is unique to the property and not common to the area. • The 156 square foot ADU is utilized as a on-call room. The area counts toward the FAR but is space that cannot be allocated toward a child’s bedroom. • The existing structure is designed in such a way that an additional bedroom cannot be remodeled into the space. • Granting the variance would not change the character of the neighborhood, impair the use of adjacent property, or impair the purpose of the regulations. • With the proposed addition, the building footprint will not expand, and the addition is going on top of an existing flat roof, therefore there is no additional impervious cover or building coverage. The addition would also fully comply with the McMansion building envelope. E-4/6-PRESENTATION BOA Comments • Applicability of the cabana / options to remodel or demo the pool house? • This is not a cabana. This on-call room allows the doctor a place to sleep and not wake the entire household during very late night or very early morning shifts. E-4/7-PRESENTATION BOA Comments (cont.) • Don’t understand how splitting a bedroom is infeasible. • See attached drawings showing a full-sized bed, and how it is not possible to split either room, add a doorway, or provide additional closet-space. E-4/8-PRESENTATION BOA Comments • When was home purchased? 2019, prior to the pandemic. • How many kids? One, pre-teen and one on the way. E-4/9-PRESENTATION Findings • A four-bedroom home is a reasonable single-family use. • The hardship is cannot …
Lake Austin (LA) Zoning - City of Austin Susan Barr Board of Adjustment Board Meeting – September 13, 2021 Building a Better Austin Together F-2/1-PRESENTATION PURPOSE • The purpose of the Lake Austin (LA) Zoning and the Lake Austin (LA) Overlay District: is to protect the scenic, recreational, and environmental benefits of Lake Austin by restricting the scale and intensity of development near the lake Building a Better Austin Together F-2/2-PRESENTATION PURPOSE § 25-2-551 LAKE AUSTIN (LA) DISTRICT REGULATIONS. (A) In this section: (1)SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. (2)SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the shoreline that is prescribed in this section. (3)SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. (B)This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1)The shoreline setback is: (a)75 feet; or (b)25 feet, if: (i)the lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the requirement to plat; and (ii)the distance between the shoreline and the front lot line, or the property line of a legal tract, is 200 feet or less. (2)A shoreline setback area is excluded from impervious cover calculations. (3)No structures are allowed in a shoreline setback area, except that: (3)For a lot included in a subdivision plat recorded before April 22, 1982, or a tract that is not required to be platted, impervious cover may not exceed: (a)a chord width of not less than 33 feet at the front lot line; (b)a width of not less than 60 feet at the front yard setback line; and (c)a width of not less than 100 feet at all points 100 feet or more behind the front lot line. (2)For a lot included in a subdivision plat recorded after April 22, 1982, impervious cover may not exceed: (a)20 percent, on a slope with a gradient of 25 percent or less; (b)10 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (c)if impervious cover is transferred under Subsection (D), 30 percent. (a)35 percent, on a slope with a gradient of 15 percent or less; (b)10 percent, on a slope with a gradient of more than 15 percent and not more than 25 percent; (c)5 percent, on a slope with a gradient of …
AGENDA BOARD OF ADJUSTMENT September 13, 2021at 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Vacant (Alternate) ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Rahm McDaniel ___Darryl Pruett 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 CALL TO ORDER CITIZEN 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 August 9, 2021 draft minutes A-1 On-Line Link: Item A-1 B. C. D. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2021-0008 Leah M. Bojo for The Standard at Austin, LLC 715 W. 23rd Street On-Line Link: Item C-1 PART1; PART2; PART3; PART4; NO PRESENTATION The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. WITHDRAWN BY APPLICANT VARIANCES NEW PUBLIC HEARINGS D-1 C15-2021-0083 Victoria Haase for 1207 Taylor Series, LLC-Les Canter 1207 Taylor Street 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the On-Line Link: Item D-1; PRESENTATION …
From: To: Cc: Subject: Date: Attachments: Charley Dorsaneo Ramirez, Elaine Ramirez, Diana; RE: C16-2021-0008/715 W 23rd Street Wednesday, September 01, 2021 9:24:37 AM image001.png image003.png Good morning, Elaine, We would like to withdraw our variance application in the matter of C16-2021-0008/715 W 23rd Street. Sincerely, Charley Dorsaneo, Land Use Attorney Drenner Group, PC | 200 Lee Barton Drive | Suite 100 | Austin, TX 78704 Office: 512.807.2900 | Cell: 214.500.1949 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Tuesday, August 3, 2021 11:35 AM To: Charley Dorsaneo < Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov>; Leah Bojo Subject: RE: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Thank you Charley! I have Leah Bojo, registered as the Primary Speaker along with Charley Dorsaneo listed as an additional speaker(s) for the PostPonement request of case C16-2021-0008/ 715 W 23rd St If you are registered to speak you will receive an e-mail from me Monday, 8/9 before 12p.m., with call in information for our virtual BOA mtg. You will only be available via phone and only the registered speakers will receive the call in information. Once the Board has made the decision of Granting, Denying or Postponing the variance you all can disconnect from the call. Please keep in mind that if you are not the Primary Speaker the Board may or may not call on you. If you are not registered to speak you cannot call in. The Primary Speaker gets a total of 5 minutes to speak for each case(s). If the Board has questions they can call on any of the Speakers signed up on the Speaker Registration List who have signed up to speak. You cannot speak just because you want to, the Board will have to call on you to speak, again this is up to the Board. Please note: Any late support that will be accepted after this deadline date of July 23rd, 2021 will only be for Opposition and Support letters for this case. Support and Opposition Letters can be received up to Monday, August 9th, before 9a.m. in order for the Board to have access to them during the meeting. Anything after the deadline will not be viewed by the Board but will be added to the BCIC website. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 C-1/1
From: To: Subject: Date: Dan Byler Ramirez, Elaine Case# C15-2021-0083 Friday, September 10, 2021 8:06:39 AM Thanks for listening. Hi Elaine – I’m a property owner close to the subject property, 1207 Taylor. There’s plenty of room for them to build 1 large single family house here. I would like to vote to deny this variance. It’s not like they are 5 ft short needed for 2 units. They are over 100 sq ft short. They knew the size of the lot when the bought the land. If COA is going to allow this variance here, it should be done for the entire city, not just this 1 exception. *** External Email - Exercise Caution *** Here for you, Dan Byler 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. D-1/1
From: To: Subject: Date: Jim L Upshaw Ramirez, Elaine Case Number C15-2021-0085, Board of Adjustment, Sept. 13,2021 Wednesday, September 08, 2021 12:38:36 PM *** External Email - Exercise Caution *** Elaine Ramirez, Jim and Caren Upshaw 1715 Channel Rd Austin, TX 78746 Legal: ABS 329 SUR 2 GRAY T ACR .390 512 706-5553 We are property owners of land that shares a common boundary line with the property at 1717 Channel Rd. We are in favor of the requested variance. Sincerely, Jim and Caren Upshaw 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. From: To: Subject: Date: Ashley Knight Ramirez, Elaine FW: Addition to Late Backup for Item D-2, Board of Adjustment, Sept. 13,2021 Friday, September 10, 2021 9:51:37 AM *** External Email - Exercise Caution *** > From: Felix Erbring Sent: Friday, September 10, 2021 9:23 AM To: david cancialosi <d Subject: Re: Addition to Late Backup for Item D-2, Board of Adjustment, Sept. 13,2021 To the city of Austin I am the owner of 1714 Channel Rd, a property that is directly across the street for the property requesting the 25ft setback variance. I am in favor of granting the requested variance. Felix Erbring 1714 Channel Rd Austin TX 78746 Tel 713 304-2211 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.
Old West Austin Neighborhood Association Post Office Box 2724 Austin, Texas 78768 September 2, 2021 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services Re: Variance Case No. C15-2021-0081 - Letter of Opposition of Variance for 1308 9 ½ Street, Austin, Texas (the “Property”) Dear Members of the Board of Adjustment: The Old West Austin Neighborhood Association (“OWANA”) opposes a variance for additional FAR to add a second story addition at the above-referenced Property. There is no hardship in this case. The owners purchased the property knowing the limitations. By granting a variance the Board would be setting a precedent that a mere change in living situation would be a justification for obtaining a variance to increase FAR, impervious cover, building envelope and any number of other code regulations. Sincerely, Adrienne Goldsberry, Chair Old West Austin Neighborhood Association E-4/1
111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 micah king@huschblackwell.com Micah J. King Senior Associate September 12, 2021 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department Dear Board Members: Re: Item E-3; New Letter of Support from Owner of Property to the Rear At our last hearing, a board member asked whether the neighbor immediately to the rear of my client’s property was in support of the variance. As explained in the attached email, Mrs. Lupe Martinez, who is listed as having owned the property to the rear since 1989, is sadly now deceased, but her daughter, the new owner and current resident, supports the variance. Sincerely, Micah King HB: 4810-6824-6266.1
From: To: Subject: Date: mb@gte.net Ramirez, Elaine FW: C15-2021-0081 1308 W 9 1/2 Street - Opposition Letter Friday, September 10, 2021 3:58:16 PM *** External Email - Exercise Caution *** September 10, 2021 RE: C15-2021-0081 Dear Board of Adjustment Commissioners, I still strongly oppose this variance request, for these additional reasons: The variance for 1308 W 9 ½ Street sites the property has an unusual hardship because it is zoned SF-3. This hardship states that 608 Blanco, zoned MF-4, which was granted a variance: “was allowed by the Board of Adjustment an increased floor-area-ratio, despite having to comply with single-family requirements” in 2012. While the original use of 608 Blanco was single family, it was converted to 3 apartments by the time it was purchased in 2012. (See property details listed in Realtor.com below.) The 2012 variance also states: “The hardship for which the variance is requested is unique to the prop erty in that: this structure is an older home that has been converted to three units and to restore and modernize the building to convert it back to a single family requires compliance with current requirements for single familyuse and proposed changes in conversion to 3 units to 1 uni t will also include in compliance with the McMansion requirement and will allow thestructure to be up graded to c urrent acceptable living standards. The hardship is not general to the area in which the property is locate d because: not many of the structures in the area are reducing density and imper vious cover in order to restore older building to original uses and maintain the appeal of the original construction while converting 3 units to one.” In addition, MF-4 properties over 8000 SF are entitled to FAR OF .75:1 and the variance request in 2012 only asked for an increase of .48.2:1. In 2015, the City of Austin Plan Review approved change of use to a triplex for 608 Blanco. Comparing a single family home zoned SF-3 to a 3 unit apartment zoned MF-4 is not a reasonable argument. 608 Blanco is also in close proximity to W 6th Street and 1308 w 9 ½ Street is in the heart of the OWANA neighborhood. While the OWANA neighborhood does have properties with multi-family use, there are many single family homes. Thus allowing the request for increased FAR for 1308 W 9 ½ Street, would set a …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: September 13, 2021 CASE NUMBER: C16-2021-0008 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. August 9, 2021 POSTPONED TO September 13, 2021 BY APPLICANT; Sept 13, 2021 WITHDRAWN 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: 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: because: OR, OR, AND, ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chairman
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0083 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Victoria Haase OWNER: 1207 Taylor Series, LLC, Les Canter ADDRESS: 1207 TAYLOR ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section(s) a) 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,676 square feet (requested) (see Note 1) and b) minimum rear yard setback from 25 feet (required) to 19.25 feet (requested) in order to erect a Two-Family Residential use (see Note 2) in an “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the Note(s): a) Per LDC 25-2-774 (Two-Family Residential Use) (B) For a two-family residential use the minimum lot area is equivalent to a standard lot. b) Per LDC 25-2-515 (Rear Yard of a Through Lot) a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: BOA MEETING SEPT 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant; 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 East Cesar Chavez NP demonstrates clear preference for residential development that includes secondary apartment and two family uses, this lot has SF-3-NP zoning, which allows for Secondary Apartment Special Use and two Family use, however the lot was platted at 5,663 sq ft, just under the minimum standard lot size requirement of 5,750 sq ft for an SF-3 lot. 2. (a) The hardship for which the variance is requested is unique to the property in that: the property has three protected trees of which two are heritage and must be preserved and protected, no construction can occur in the ½ critical root zone, thereby reducing the buildable area. (b) The hardship is not general to the area in which the property is located because: many of the lots in this area have structures built decades ago and therefore were not constrained by tree root systems …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0085 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Estates at Lake Austin, LP ADDRESS: 1717 CHANNEL RD VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback from 75 feet (required) to 25 feet (requested) along a man-made inlet in order to erect a Single-Family + associated improvements in a “LA”, Lake Austin zoning district. BOARD’S DECISION: BOA MEETING SEPT 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to October 11, 2021; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO OCTOBER 11, 2021. 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 Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0027 _______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) _______Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase from 45% (maximum allowed) to 50% (requested), in order to construct a swimming pool to an existing Single-Family residence in an “SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021; POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; JUNE 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 POSTPONED TO AUGUST 9, 2021; Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO September 13, 2021 (APPLICANT NO SHOW); SEPT 13, 2021 WITHDRAWN 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 Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0055 _______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) _______Vacant (Alternate) OWNER/APPLICANT: Ruben Valdez ADDRESS: 1206 W OLTORF 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 Front Yard Setback from 25 feet (required) to 0 feet (requested) in order to maintain a Carport and Covered Entry in a “SF-6-NP”, Single-Family-Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO AUGUST 9, 2021. Aug 9, 2021 POSTPONED TO September 13, 2021 BY APPLICANT; SEPT 13, 2021 WITHDRAWN 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 Chairman for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0080 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Micah King OWNER: Darius Fisher ADDRESS: 74 SAN SABA ST Unit 2 VARIANCE REQUESTED: ): The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from: a) setback requirements to decrease the minimum Rear Yard Setback from 10 feet (required) to 2.1 feet (requested) b) setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet(required) to 3.9 feet (requested) and from 25-2-735 (Festival Beach Subdistrict Regulations) from c) impervious cover requirements to increase from 40% (maximum allowed) to 41.38% (requested), (existing 47.8%), in order to maintain a 2nd FL deck on rear accessory structure in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). Note: 25-2-735 (Festival Beach Subdistrict Regulations) (A) This section applies in the Festival Beach subdistrict of the WO combining district. (D) For an area not included in a primary setback area or a secondary setback area, the maximum impervious cover is: 1) 40 percent BOARD’S DECISION: Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Thomas Ates seconds on a 10-0 vote; POSTPONED TO September 13, 2021. Sept 13, 2021 the public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant as per drawing E-3/17 and Impervious cover as proposed; Board Member Melissa Hawthorne seconds on a 11-0 vote; GRANTED AS PER DRAWING E-3/17 AND IMPERVIOUS COVER AS PROPOSED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: would preclude being able to preserve an existing deck for upstairs rear residential unit, which increases the fire safety for residents by providing a secondary point of egress in case of emergency and which increases the quality of life for residents, the deck is set back approx. 10 ft from the originally platted lot line of the property to the rear, and the side of the deck is in line with the side of the existing structure from circa 1930 which it serves 2. (a) The hardship for …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0081 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___N____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___N____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Amanda Swor OWNER: Maryelaine Sotos & Bill Shurtz ADDRESS: 1308 9TH HALF ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from .4 to 1.0 (required) to .46 to 1.0 (requested) in order to add an addition/remodel to an existing single family residence in an “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) Note: 25-2 Subchapter F RESIDENTIAL DESIGN AND COMPATIBILITY STANDARDS, Article 2 Development Standards Section 2.1. - MAXIMUM DEVELOPMENT PERMITTED. The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured using gross floor area as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of Section 25-1-22 (Measurements). BOARD’S DECISION: BOA AUG 9 MEETING The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Chair Jessica Cohen nay); POSTPONED TO September 13, 2021. Sept 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant; Board Member Michael Von Ohlen seconds on an 8-3 vote (Board members Rahm McDaniel, Richard Smith and Kelly Blume nay); DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the proposed variance doesn’t place any square footage on ground and additional volume will be aligned with existing roof height and will fit under the McMansion tent and therefore it’s not unreasonable. 2. (a) The hardship for which the variance is requested is unique to the property in that: the existing structure utilized the maximum FAR allowed under 25-2, F, 2.1 however floor area ratio requirements of this section limit development for less than what is allowed by …
AGENDA MEETING MINUTES September 13, 2021 The Board of Adjustment meeting convened on Monday, September 13, 2021. 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. Jessica Cohen (Chair) called the Board Meeting to order at 5:35 p.m. Board Members in Attendance (in person): Jessica Cohen (Chair), Rahm McDaniel, Richard Smith, Nicholl Wade, Kelly Blume (Alternate), Carrie Waller (Alternate) Board Members in Attendance (virtually via teleconference): Melissa Hawthorne (Vice Chair), Barbara Mcarthur, Darryl Pruett, Agustina Rodriguez, Michael Von Ohlen, Board Members Absent: Thomas Ates, Brooke Bailey City Staff in Attendance: Elaine Ramirez (Board Liaison) Lee Simmons (Board Attorney) City Staff Absent: 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 CITIZEN 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.NONE A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval August 9, 2021 draft minutes A-1 On-Line Link: Item A-1 A-1/1 Board Member Melissa Hawthorne motions to approve the minutes for August 9, 2021, Board member Richard Smith seconds on a 10-0-1 vote (Board member Melissa Hawthorne abstained for Items C-1, C-2); APPROVED MINUTES FOR August 9, 2021. B. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Items C-1, E-1 and E-2 applicant requests to withdraw C. SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2021-0008 Leah M. Bojo for The Standard at Austin, LLC 715 W. 23rd Street On-Line Link: Item C-1 PART1; PART2; PART3; PART4; NO PRESENTATION The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet …
Board of Adjustment Meeting August 17, 2021 (Versión en español a continuación) Board of Adjustment to be held August 17, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (Aug 16, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the August 17, 2021 Board of Adjustment Meeting, members of the public must: Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (Aug 16, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. Speakers will be placed in a queue until their time to speak. Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Board of Adjustment - FECHA de la reunion (August 17, 2021) La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (Aug 16, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion August 17, 2021, los miembros del público deben: Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (August 16, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de …
Board of Adjustment Deep Dive: Key Topics & Issues Development Services Department August 17, 2021 1 Agenda ● General Background & History of BOA ● Core BOA functions & requirements: Variances Special Exceptions Appeals BOA Process Issues ● Boat Dock Regulations ● Environmental & Lake/Shoreline Regulations ● Residential Review 2 …..but first, introductions: BOA Members Michael Von Ohlen Kelly Blume Melissa Hawthorne Brooke Bailey Jessica Cohen Barbara McArthur Richard Smith Daryl Pruett Agustina Rodriguez Carrie Waller Rahm McDaniel Nicholl Wade Thomas Ates City Staff Jennifer Verhulst Chris Johnson Elaine Ramirez Diana Ramirez Lyndi Garwood Susan Barr Liz Johnston Keith Mars Lee Simmons 3 • • Zoning Boards of Adjustment Included in the 1929 model “state zoning enabling act,” promulgated by U.S. Dept. of Commerce. Intended to provide greater flexibility by authorizing “variation” of zoning regulations and provide administrative oversight. • Unlike municipal planning/zoning commissions, which performs a mix of advisory and decision-making functions, all BOA functions are quasi-judicial. 4 Austin’s Board of Adjustment • Austin’s BOA established by 1931 zoning ordinance: 5 Zoning Variances 6 Variance Criteria per Land Development Code Findings for Approval Guidelines No Reasonable Use The requirement does not allow for a reasonable use of property. Determined by context. Landowner needn’t prove a “taking” (i.e., loss of all economically viable use), but desire for “highest & best” use is insufficient. Harship Area Character Harship is unique to the property and is not generally characteristic of the area in which the property is located. Typically involves features of the property itself, but overall context of development may also be considered. Development under the variance does not: (a) alter the character of the area adjacent to the property; (b) impair the use of adjacent property; or (c) impair the purposes of the applicable zoning district regulations. Considers how development allowed by variance would impact properties differently than development without a variance, as well as well as development patterns in the surround area and goals of the regulations 7 Variance Standard per State Law Per Chapter 211 of the Local Government Code, a board of adjustment may: “[A]uthorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is …
Site Plan Review for Boat Docks What Site Plan reviews… • Site information - Zoning and use - Plat - Size of the lot • Setbacks - 10’ from adjacent property line - 75’ or 25’ if platted prior to April 22, 1982 or lot less than 200’ deep. Structure Information • Square footage - A maximum of 1,200 sq. ft. • Dock height – 30 ft. • Extension into the lake – 30 ft. • Navigational safety light at furthest extension • Maximum of 20% of the shoreline in width • Allowed up to 2 motorboats • Must be at least 66% open on all sides. • Allowed 48 sq. ft. of storage space. • Cluster docks allowed 600 sq. ft. for each unit Non-complying Structures • Removal of no more than 50% of walls and • Replacement or repair of structural elements supporting structures including framing. • Damaged or destroyed structures may be restored to its original footprint within 12 months. - Evidence of original foot print - Insurance claim for structure Thank You! Clarissa Davis Clarissa.Davis@austinrtexas.gov (512)974-1423
Environmental Considerations for Austin’s Lakes Presented to: Board of Adjustment August 17, 2021 Liz Johnston, Deputy Environmental Officer LAKE AUSTIN - Finding the Balance • Drinking Water • Residential • Commercial • Boating/Marina • Parkland • Fishing • Passive Recreation Environmental Issues Zebra Mussels Bank Erosion Shoreline Erosion Poor Shoreline Habitat Non-Complying Structures Compliance/Work Without Permits Wave Impacts Riparian Zone Functions A robust shoreline vegetative community improves water quality, prevents erosion, and aids in flood control. Trees & deep-rooted plants prevent erosion. Dense shoreline development degrades shoreline health. Poor Riparian Function VS Good Riparian Function Poor Functioning Good Functioning Costs of Degraded Water Quality ▪ Water treatment costs due to suspended sediment ▪ Algae proliferations ▪ Poor fishery ▪ Lowered Austin Lake Index scores in ▪ Habitat ▪ Invertebrates ▪ Vegetation Environmental Review • Site plan & Subdivision compliance with LDC 25-8 Subchapter A • Boat docks/shoreline modifications/shoreline access require site plans • DSD environmental review staff • CWQZ compliance • Erosion controls • Restoration • Cut/Fill • WPD environmental review staff • CEF setbacks • Bulkheads • Dredging • Land capture/fill in the lake • Floodplain modifications & restoration (riparian functioning) § 25-8-261 Critical Water Quality Zone Trams Stairs CWQZ on all Lakes: - 75’ from shoreline (492.8 msl) for single family - 100’ for all other uses (1) A dock, bulkhead or marina, and necessary access and appurtenances, are permitted in a critical water quality zone subject to compliance with Chapter 25-2, Subchapter C, Article 12 (Docks, Bulkheads, and Shoreline Access) Gangways § 25-8-281(C) Critical Environmental Features Canyon Rimrock and 150’ CEF Buffer Canyon Rimrock Wetland Seep Spring § 25-8-652 – Restrictions on Development Impacting Lakes Unpermitted fill in Lake (A) The requirements of this section apply to development on or adjacent to Lake Austin, Lady Bird Lake, or Lake Walter E. Long. (B) Except as otherwise provided by this section, placing fill or dredging in a lake is prohibited. (C) A retaining wall, bulkhead, or other erosion protection device may not capture or recapture land from a lake unless doing so is required to restore the shoreline to whichever of the following boundaries would encroach the least into the lake: (1) the shoreline as it existed 10 years prior to the date of application, with documentation as prescribed by the Environmental Criteria Manual; or (2) the lakeside boundary of the subdivided lot line. (D) A bulkhead may …
Residential Review at the City of Austin Susan Barr Board of Adjustment Board Members – August 17, 2021 Building a Better Austin Together TOPICS • Overview • Zoning Review • Technical Review • Community Outreach o What Can be built o Red Flags o o o o o Helpful Tips Permit History Search Expired Permits Exempt Work Permit Requirements Building a Better Austin Together OVERVIEW We permit residential building types that fall under the International Residential Code (IRC) and their accessory structures. a. One and two family dwelling units no more than (3) stories above grade b. Townhouses that are no more than (3) stories above grade and don’t have overlapping units c. Pools d. Garages & carports Building a Better Austin Together Zoning Review 1. Zoning a. Common classifications i. ii. iii. iv. v. LA RR DR SF-1, SF-2, SF-3, SF-4A, SF-5, SF-6 MF b. (+/- 60) neighborhood plans c. (6) NCCD’s d. Conditional Overlays e. Subchapter F f. PUDs g. Driveway & Sidewalk h. Parking i. Use i. ii. iii. iv. Single family Secondary apartments Two family Accessory Uses Building a Better Austin Together Technical Review 1. International Residential Code - Chapters 1-3, 5, 6, 8 2. Fire Resistance Rated Construction 3. Visitability Ordinance Building a Better Austin Together Community Outreach – What can be built? • • • Depends on the zoning classification and the existing conditions a. Impervious cover b. Building cover c. Floor to Area Ratio (FAR) How to find a property’s zoning: http://www.austintexas.gov/gis/ propertyprofile/ Building a Better Austin Together Community Outreach – Red Flags 1. Converted garage 2. Windows &/or the interior does not match the age of the house 3. No permit found for date on equipment Unpermitted work needs to be permitted and is to be included with the proposed scope of work. Building a Better Austin Together Community Outreach - Permit History Search https://abc.austintexas.gov/web/permit/public-search-other BACK DATE TO 1980 Building a Better Austin Together Community Outreach – Expired Permits • • • • If solely a remodel or stand alone trade permit before March 2007, the permits can be voided Can be reactivated if they have not been reactivated in the past If previously received a reactivation, a review of the project will need to be conducted before reactivation Age of permit might qualify for a life safety inspection once reactivated Building a Better Austin Together Community Outreach – Exempt Work City …
Board of Adjustment Meeting MINUTES July 12, 2021 (Versión en español a continuación) Board of Adjustment to be held July 12, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (July 11, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the July 12, 2021 Board of Adjustment Meeting, members of the public must: Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (July 11, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. Speakers will be placed in a queue until their time to speak. Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live A-1/1 Minutos del Reunión del Board of Adjustment - FECHA de la reunion (July 12, 2021) La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (July 11, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion July 12, 2021, los miembros del público deben: Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (July 11, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: June 14, 2021 CASE NUMBER: C16-2021-0008 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne Abstain ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. FINDING: C-1/1 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 ____________________________ Chairman Diana Ramirez for C-1/2 Advanced Packet Table of Contents Ordinance No. 20070726‐132………………………………………………………………………………………………………..Tab 1 Permits wall signs of building names without limitation on illumination or height (page 2 of 2). Ordinance No. 20170817‐072…………………………………………………………………………………………………………Tab 2 Prohibits all signs above second floor of a building, except for non‐electric signs that are “engraved, cut into the building surface, or otherwise inlaid to become part of the building.” (page 14 of 17). Sign Variance Decision Sheet – C16‐2018‐0002 (507 W 23rd …
C-1/69 MEMORANDUM TO: Members of the Planning Commission FROM: Jerry Rusthoven, Assistant Director/Interim Lead Planning and Zoning Department DATE: May 22, 2020 SUBJECT: UNO Sign Regulations The Planning and Zoning Department is requesting the Commission initiate an amendment to the UNO ordinance to correct an inadvertent change made to the sign regulations in the ordinance. In November 2019 the City Council approved changes to the UNO ordinance. One of those changes was intended to address signs above the second story of a building. Those signs were required to be cut in or engraved into the structure of the building. If the name of a building were placed on the facade this made it physically difficult to change the name in the future. It was agreed by the stakeholders to remove this requirement. In making this change to the ordinance a mistake was made and the result is all illuminated signs were prohibited in the UNO area. This is not what was intended or agreed to by the stakeholders. Also, because the UNO sign regulations are also used in TODs and the North Burnet/Gateway Plan this mistake carries over to other areas. Staff is asking for the opportunity to correct the ordinance. We will be working with the same stakeholders involved in the November revisions. If you need additional information, please contact me by email or 512- . Cc: Andy Linseisen, Assistant Director, DSD C-1/70 C-1/71 C-1/72 C-1/73 C-1/74 C-1/75 C-1/76 C-1/77 C-1/78 C-1/79 C-1/80 C-1/81 C-1/82 C-1/83 C-1/84 C-1/85 C-1/86 C-1/87 C-1/88 C-1/89 C-1/90 C-1/91 C-1/92 C-1/93 C-1/94
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 CASE NUMBER: C16-2021-0003 DATE: June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne ABSTAINING ___-____Don Leighton-Burwell (no vote/late) ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building.(G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. C-2/1 BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Veronica Rivera motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO APRIL 12, 2021. (RENOTICE) VARIANCE REQUESTED: RENOTICE The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, (H) to allow for all twelve (12) signs, nine (9) …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0078 BOA DATE: August 9th, 2021 ADDRESS: 1305 W 42nd St OWNER: Malicca Homes LLC COUNCIL DISTRICT: 10 AGENT: William Hodge ZONING: SF-3 LEGAL DESCRIPTION: .1543 AC OF BLK 8 HANCOCK LEWIS SUBD VARIANCE REQUEST: decrease the minimum lot width from 50 feet to 48 feet SUMMARY: erect a Single-Family home ISSUES: unplatted tract Site North South East West SF-3 CS SF-3 SF-3 SF-3 ZONING LAND USES Single-Family General Commercial Service 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 Central Austin Urbanists Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin Rosedale Neighborhood Assn. SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group D-1/1 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS C15-2021-0078 CASE#: LOCATION: 1305 W 42ND 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 " = 292 ' 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. D-1/2 Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 1305 West 42nd Street 78731 ____________________________________________________________________________ 0.1543 acres of Lewis Hancock Subdivision (per TCAD); West 48 feet of east 144 feet of north ____________________________________________________________________________ 140 feet of Block 8 of the Lewis Hancock 20 Acre Tract Subdivision (per deed) _________________________________ n/a _____________________________ 8 _________________________________ _____________________________ ___________________________________________________________________ SF-3 ________________________________________________ William Hodge AIA ________________________________________________ Martha-Cary Sadler, Malicca Homes LLC June 10 2021 ______________________________________________________________ single-family residence ____________ | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 4 of 8 D-1/3 25-2-492, Site Development Regulations. I am seeking a variance to reduce the minimum lot ____________________________________________________________________________ width requirement for the subject property from 50' (per 25-2-492, Table [D]) to 48' (as ____________________________________________________________________________ surveyed) so as to construct a single-family residence. ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings the property does not meet minimum lot width requirements for its zoning district and the ____________________________________________________________________________ property is not a legal lot but rather the result …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0079 BOA DATE: August 9th, 2021 ADDRESS: 6506 Hergotz Ln OWNER: Paul Le COUNCIL DISTRICT: 3 AGENT: Daniel Dugan ZONING: SF-3 LEGAL DESCRIPTION: ABS 24 DELVALLE S ACR .0959 VARIANCE REQUEST: decrease the minimum Front Yard Setback from 25 feet to 10 feet SUMMARY: erect a Single-Family home ISSUES: topography ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition Del Valle Independent School District Dog’s Head Neighborhood Association Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation SELTexas Sierra Club, Austin Regional Group D-2/1 H E R G O T Z K I M B L E H E R G O T Z ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0079 6506 HERGOTZ LANE 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 " = 292 ' 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. D-2/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment 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 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 # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0080 BOA DATE: August 9th, 2021 ADDRESS: 74 San Saba St –Unit 2 OWNER: Darius Fisher COUNCIL DISTRICT: 3 AGENT: Micah King ZONING: SF-3-NP (Holly) LEGAL DESCRIPTION: LOT 3 BLK 7 & 8FT ADJ ALLEY OLT 41-42&53 DIV O RILEYS SUBD VARIANCE REQUEST: a) decrease rear yard setback from 10 ft. to 2.1 ft. b) decrease interior yard setback from 5 ft. to 3.9 ft. c) increase impervious cover from 45% to 47.8% SUMMARY: maintain 2nd FL wood deck ISSUES: size and configuration of lot ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition East Austin Conservancy East Town Lake Citizens Neighborhood Association El Concilio Mexican-American Neighborhoods Friends of Austin Neighborhoods Greater East Austin Neighborhood Association Guadalupe Neighborhood Development Corporation Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group Tejano Town D-3/1 D E R D MIL CESAR CHAVEZ A R A L C CANTERBURY S E L A N R E D E P S LIU U J WILLOW A B A N S A S O N A L L 3RD 2ND Y E L L A V T N A S A E L P ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0080 74 SAN SABA 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 " = 292 ' 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. D-3/2 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 Micah J. King Senior Associate June 29, 2021 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department Re: Request for Variance to Preserve Existing Deck at 74 San Saba Street (the “Property”) On behalf of the owner of the above-referenced Property, please accept the enclosed request for a variance to preserve an existing wooden deck at …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0081 BOA DATE: August 9th, 2021 ADDRESS: 1308 W 9th Half St OWNER: Maryelaine Sotos COUNCIL DISTRICT: 9 AGENT: Amanda Swor ZONING: SF-3-NP (Old West Austin) LEGAL DESCRIPTION: LOT 4 BLK 2 OLT 4 DIV Z HANCOCK SUBD VARIANCE REQUEST: increase the F.A.R from .4 to 1.0 (required) to .46 to 1.0 SUMMARY: addition/remodel existing Single-Family home ISSUES: small house maxed out 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 Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Old West Austin Neighborhood Association Old West Austin Neighborhood Plan Contact Team Preservation Austin SELTexas Save Historic Muny District Shoal Creek Conservancy Sierra Club, Austin Regional Group D-4/1 ! ! ± SUBJECT TRACT PENDING CASE ! ! ZONING BOUNDARY NOTIFICATIONS C15-2021-0081 CASE#: LOCATION: 1308 W 9TH 1/2 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 " = 292 ' 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. D-4/2 D-4/3 D-4/4 D-4/5 D-4/6 D-4/7 D-4/8 D-4/9 D-4/10 D-4/11 D-4/12 ADVANCED PACKET C15-2021-0081 2021-000067-BA / C15-2021-0081 D-4/13 ARCHITECT'S DRAWINGS 2021-000067-BA / C15-2021-0081 D-4/14 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/15 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/16 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/17 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/18 1 8 0 0 - 1 2 0 2 - 5 1 C / A B - 7 6 0 0 0 0 - 1 2 0 2 D-4/19 1 8 …
E-1/1 CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0027 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase from 45% (maximum allowed) to 50% (requested), in order to construct a swimming pool to an existing Single-Family residence in an “SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021; POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; JUNE 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 POSTPONED TO AUGUST 9, 2021 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: E-1/2 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 Chair E-1/3 E-1/4 E-1/5 E-1/6 E-1/7 E-1/8 E-1/9 E-1/10 E-1/11 E-1/12 E-1/13 E-1/14 E-1/15 E-1/16 E-1/17 E-1/18 E-1/19 E-1/20 E-1/21 CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0027 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___N____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 DATE: Monday June 14, 2021 CASE NUMBER: C15-2021-0055 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Ruben Valdez ADDRESS: 1206 W OLTORF 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 Front Yard Setback from 25 feet (required) to 0 feet (requested) in -Family-Neighborhood -6- Plan zoning district (Bouldin Creek Neighborhood Plan). Cohen, Board Member Melissa Hawthorne motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO AUGUST 9, 2021. June 14, 2021 The public hearing was closed by Chair Jessica 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 ____________________________ Diana Ramirez for Jessica Cohen Chairman E-2/1 E-2/2 E-2/3 E-2/4 BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0055 BOA DATE: June 14th, 2021 ADDRESS: 1206 W Oltorf St OWNER: Ruben Valdez COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-6-NP (Bouldin Creek) LEGAL DESCRIPTION: LOT 5 BLK A SOUTHWOOD SEC 1 VARIANCE REQUEST: decrease minimum front yard setback from 25 ft. to 0 ft. SUMMARY: maintain a carport and covered entry ISSUES: heritage tree, crime on the rise in the area ZONING LAND USES Site SF-6-NP North MF-3-NP South East West SF-3 SF-6-NP SF-6-NP Single-Family Multi-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bouldin Creek Neighborhood Association Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition E-2/5 June 3, 2021 RUBEN VALDES 1206 W Oltorf St Austin TX, 78704 Re: C15-2021-0055 Dear Ruben, Property Description: LOT 5 BLK A SOUTHWOOD SEC …
