CITY OF AUSTIN Board of Adjustment Decision Sheet F-2 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0062 _______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) APPLICANT: David Cancialosi OWNER: Christen Steen ADDRESS: 3401 RIVERCREST DR VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope with a gradient of 15 percent or less from 35 percent (allowed) to 48 percent (requested), (53% existing) (b) increase the maximum impervious cover on a slope with a gradient of 15 percent and not more than 25 percent from 10 percent (allowed) to 49 percent (requested), (54.25% existing) (c) increase the maximum impervious cover on a slope with a gradient of more than 25 percent and not more than 35 percent from 5 percent (allowed) to 18 percent (requested), (4.41% existing) (d) increase maximum impervious cover on a slope gradient greater than 35 percent to 3 percent (requested), (0.83% existing) in order to erect a Single-Family + associated improvements 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 January 4, 1965 E-2/1 The overall change in IC is from 21.51% to a proposed 20.89% IC, or 8,084 SF IC to 7,883 SF IC, when calculated on a gross lot area basis. BOARD’S DECISION: BOA 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 October 11, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO October 11, 2021; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) 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 …
- i Z 5 L E E R i i i Q v > 9 L e C f i J a ; i E-2/57 Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C15-2021-0062 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearing: Board of Adjustment; July 12th, 2021 Your Name (please print) I am in favor I object Your address(es) affected by this application Signature Date Daytime Telephone: Comments: PUBLIC HEARING INFORMATION Although applicants and/or their agent(s) are expected to attend a public hearing, you are not required to attend. However, if you do attend, you have the opportunity to speak FOR or AGAINST the proposed development or change. You may also contact a neighborhood or environmental organization in an application affecting your neighborhood. that has expressed an interest During a public hearing, the board or commission may postpone or continue an application’s hearing to a later date, or recommend approval or denial of the application. If the board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. A board or commission’s decision may be appealed by a person with standing to appeal, or an interested party that is identified as a person who can appeal the decision. The body holding a public hearing on an appeal will determine whether a person has standing to appeal the decision. An interested party is defined as a person who is the applicant or record owner of the subject property, or who communicates an interest to a board or commission by: delivering a written statement to the board or commission before or during the public hearing that generally identifies the issues of concern (it may be delivered to the contact person listed on a notice); or appearing and speaking for the record at the public hearing; and: occupies a primary residence that is within 500 feet of the subject …
PERMIT PARTNERS, LLC 300 E. Highland Mall Blvd Ste. 207 Austin, Texas 78752 David C. Cancialosi September 1, 2021 City of Austin 301 W. 2nd St. Austin, Texas 78701 City of Austin Board of Adjustment RE: Variance request for site at 3401 Rivercrest Dr. to amend impervious cover – Amended cover letter for October meeting Dear Board of Adjustment Commissioners, Per your request please find a bullet point list containing reasonable use, hardship, adverse impact and other related information. • The site is ~37,000 lot built atop a hill as part of the platted Rivercrest Section 2 subdivision approved in mid- 1960’s. It is comprised of two lots which combined and individually do not meet LA lot size requirements. • The individual platted lots were legally compliant with “A” zoning in mid-1960’s; however, are sub-standard to LA zoning requirements: Individual nor combined, they do not have minimum 1 ac in size and doe not have 100’ along a public right-of-way as required by LA zoning performance standards. • The site was originally zoned “A” when COA asserted control over this area. In 1984, COA changed zoning to LA, which changed “A” zoned, legally compliant lots along the lake to a legal non-compliant lot (re: size) and associated structures (re: IC). • Owner wishes to exercise reasonable use as intended by both the original plat and zoning change approval asserted by local jurisdictions to allow single-family house and associated accessory improvements. • Current home is in need of repair and updating. Main concern is structural integrity of retaining walls surrounding hillside. Please see attached drainage letter per your request at August hearing. Rerouting the retaining walls and placement of new walls is necessary. • This request is to amend impervious coverage calculations to 1) meet the actual LA code requirements and 2) correct erroneous permit issuance and inspection passage occurring in 2006. • • When COA forced LA zoning on this property it made site immediately non-compliant with respect, mostly, to impervious coverage. It was unbuildable by any reasonable standards. The subsequent 2006 permit approval exacerbated this issue. In 2006 COA approved extensive plans for new construction via permit #2006-002550, albeit erroneously. This approval was issued accordingly to SF-2 zoning standards. SF-2 zoning allows one to count the gross lot area of the entire ~37,000 SF lot (which approved 16% IC of gross lot area coverage per said application); however, LA …
CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0085 _______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) 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; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) 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: E-3/1 (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 forE-3/2 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 …
1717 CHANNEL ROAD AUSTIN, TX 78746 Case # 2021-000072 BA E-3/1-PRESENTATION VARIANCE REQUEST I. Seeking BOA Variance to reduce shoreline setback: • LDC 25-2-551(B)(1)(a) to reduce shoreline setback from 75’ to 25’ along a man-made slough that abuts the property via cut in boat slip. • Lake Austin shoreline setback is 75’ per staff’s current interpretation of where a shoreline setback is measured from as it relates to man made sloughs or inlets. • My client is seeking a 25’ Lake Austin shoreline setback from the slough. • The man-made slough has a cut-in slip created sometime between1955 and 1968 per City of Austin zoning profile aerials. • There does not appear to be any natural causation of the inlet. It appears wholly man made using various historical aerials and physical inspections. E-3/2-PRESENTATION AERIAL E-3/3-PRESENTATION MAP AERIAL E-3/4-PRESENTATION CHANNEL RD + ENTRANCE TO SITE Easement to 1717 E-3/5-PRESENTATION VARIOUS INLET ANGLES E-3/6-PRESENTATION VARIOUS INLET AND CHANNEL ANGLES E-3/7-PRESENTATION VARIOUS PROPERTY ANGLES FROM INLET E-3/8-PRESENTATION VARIOUS PROPERTY ANGLES AROUND INLET E-3/9-PRESENTATION EASEMENT THAT SPLITS PROPERTY E-3/10-PRESENTATION CHANNEL TO / FROM LAGOON – LAKE AUSTIN E-3/11-PRESENTATION REASONABLE USE The zoning regulations applicable to the property do not allow for a reasonable use because: • The zoning regulations combined with unique hardships prevent a reasonable use of this site as prescribed by the applicable zoning district. • The existing 1.72-acre tract is vacant and zoned Lake Austin, LA, as part of the City-wide effort to apply LA zoning to lake properties in 1984. The site was annexed June 15, 1968, and zoned “A” zoning which is the equivalent of today’s SF-2 zoning. The site does not front the main body of Lake Austin. It is only accessible to the water via a small inlet that connects to a lagoon. From that lagoon a straight line was dredged to the site. On the other side of the lagoon, it connects to the main body of Lake Austin via separate canal (from the lagoon). That canal travels under a bridge (Channel Road), then it connects to the main body. (please see aerial maps for quick reference). We believe the cut-in slip was created during the same time period as the actual inlet because the 1955 – 1968 aerials reflect the inlet being dredged from the lagoon during this time and not in any aerials before 1955. It shows the inlet in the same location between …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0093 _______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) APPLICANT: Janis Smith PE OWNER: Jeff and Ally Davidson ADDRESS: 8818 BIG VIEW DR Bldg 4 VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 30 feet (required) to 50 feet (requested) in order to erect a boat dock in an “LA” Lake Austin Residence zoning district. 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) 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: E-4/1 ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-4/2 October 5, 2021 Janis Smith PE 8818 Big View Dr Bldg 4 Austin TX, 78730 Re: C15-2021-0093 Property Description: LOT 4 BLK A PANTHER HOLLOW CREEK PHS II Dear Janis, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LCD 25-2- 1176(A)(1) – to allow for construction of a boat dock 50 feet from the shoreline. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0096 _______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) APPLICANT: David Hartman OWNER: Family Sport Inc, a Texas Corporation ADDRESS: 5700 GROVER AVE and 5617 ROOSEVELT AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-899 (Fences as Accessory Uses) (D) & (E) to increase the fence height from an average of six feet or a maximum of seven feet (maximum allowed) to an average of eight feet (requested) on western property line only. b) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to four (4) stories and 45 feet (requested) c) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2- 1063 (Height Limitations and Setbacks for Large Sites) (C) (3) to increase allowed height from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive (maximum allowed) to 45 feet (requested) on eastern property line only in order to erect a four (4) story Apartment Building in a “MF- 6-CO-NP”, Multi-Family Residence Highest Density-Conditional Overlay – Neighborhood Plan zoning district. (Brentwood Neighborhood Plan) E-5/1 Note: The Land Development Code Section 25-2-899 (Fences as Accessory Uses) (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. (E) A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and… Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (C) (3) for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, …
5700 Grover Ave. and 5612 Roosevelt Ave. Variance Request - Multifamily C15-2021-0096 Board of Adjustment November 8, 2021 David Hartman 1 E-5/1-PRESENTATION Project Overview 4.135 acres, comprised of former Dart Bowl bowling alley at 5700 Grover Avenue and a vacant lot at 5612 Roosevelt Avenue. August 2021 City Council approved rezoning Ordinance No. 20210826-099 that zoned the property MF-6-CO-NP. Proposed Recreational Trail connects Woodrow Pocket Park/Recreational Trail to Roosevelt Avenue and Theckla Terrace. Voluntary 10% affordable housing, via recorded Private Restrictive Covenant with Habitat/HomeBase. Requesting following variances: • Maximum 8’ fence height along the western Property line adjacent to single family housing along Woodrow Avenue per agreement with Brentwood Neighborhood Association, and • Compatibility height standards related to adjacent McCallum High School tennis courts/running track/sports field located to the east of the Property along Grover Avenue.. 2 E-5/2-PRESENTATION Project Location 3 E-5/3-PRESENTATION MF-3-NP MF-6-CO-NP 4 E-5/4-PRESENTATION 1. Compatibility (east and west property line). 2. Conditional Overlay approved via rezoning ordinance 8-26-21. a. Max 45’ Height and 4 Stories. b. Enhanced 40’ building setback along west property line. 3. CWQZ. 4. Floodplain. 5. Easements. 6. Firelane along south and west property line. 7. PARD recreational trail along south and west property line. 5 E-5/5-PRESENTATION Compatibility Triggered by SF-3 Zoning to East McCallum High School (Tennis Courts/Running Track/Baseball Field) 6 E-5/6-PRESENTATION Compatibility Constraints E-5/7-PRESENTATION Property Constraints (Floodplain, CWQZ, Easements) 88 E-5/8-PRESENTATION Proposed PARD Recreational Trail Connecting to Adjacent PARD Woodrow Park/Trail 99 E-5/9-PRESENTATION Area Street Views 1010 E-5/10-PRESENTATION Area Street Views 11 11 E-5/11-PRESENTATION Preliminary Concept Plan 1 212 E-5/12-PRESENTATION Requested Variances (Supported by Brentwood Neighborhood Association) 1. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(2) (Height Limitations and Setbacks for Large Sites) to increase the height limit from 3 stories and 40 feet (required/permitted) to 4 stories and 45 feet (requested) in order to erect a 4 story apartment building. Request is applicable to east property line only. 2. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(3) (Height Limitations and Setbacks for Large Sites) to increase the allowed height of a structure more than 100 feet but not more than 300 feet from property in an SF-5 or more restrictive zoning district, from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0097 _______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) 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) FINDING: E-6/1 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 forE-6/2 October 5, 2021 Nathan Hobbs 4315 Avenue A Austin TX, 78751 Re: C15-2021-0097 Property Description: W 76FT OF LOT 1-3 BLK 11 HYDE PARK ADDN NO 1 Dear Nathan, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-947 & 25-2-942 in order to build an addition onto single-family home. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0098 _______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) APPLICANT: Alecia Mosadomi OWNER: PAP Realty Partnership/MVE Ventures, Ltd./The WP & AP Ltd ADDRESS: 5200 MCKINNEY FALLS PKWY VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code to decrease the required setback and increase the maximum allowable height requirements of Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (C) (1) (a) increase height limit from 30 feet (minimum allowed) to 47 feet (requested) b) (C) (2) (a) increase height limit from 40 feet (maximum allowed) to 47 feet (requested) c) (C) (3) increase height limit from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet but not more than 300 feet (maximum allowed) to 47 feet (requested) in order to erect Multi-Family Housing Development with on-site affordable units in a “MF- 4”, Multi-Family Residence-Moderate-High Density zoning district. Note(s): The Land Development Code Section 25-2-1063 (C) The height limitation for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from the property: (a) in an SF-5 or more restrictive zoning district (2) three stories and 40 feet if the structure is more than 50 feet and not more than 100 feet from property: (a) in an SF-5 or more restrictive zoning district. E-7/1 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) 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 forE-7/2 Mosadomi, Alecia …
BOA Monthly Report July 2021-June 2022 October 11, 2021 Due to not enough Board Members present at the meeting, all items were postponed to Nov 8, 2021 or as requested by applicant. Granted 0 9 Postponed 1) 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 and b) (H) to allow for the one (1) sign(s) to all be illuminated 2) 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: a)(F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides.b)(G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side c)(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 3) 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 4) 25-2-899 (Fences as Accessory Uses) (D) & (E) to increase the fence height and Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) (C) (2) to increase height limit and Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) (C) (3) to increase allowed height 5) 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size and 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value 6) Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (C) (1) (a) increase height limit and b) (C) (2) (a) increase height limit and c) (C) (3) increase height limit 7) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback 8) 25-2-551 (Lake Austin District Regulations) (C) (3) a)increase the maximum impervious cover on a slope 9) 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback Denied 0 Withdrawn 0 Discussion Items 5 items (all postponed to Nov. 8, 2021) Sept 2021. Interpretations 0 new inquiries The deposition of the case items: (Added Oct 11, 2021 #’s) 12 A. Granted 25 B. …
Recommendation to Council Audit and Finance Committee for adoption to Board of Adjustment Bylaws Bylaws Article 7 (D) remove monthly and add “at 5:30PM on the second Tuesday of each month at Austin City Hall” F-2/1
Proposed changes to Board of adjustment Rules of Procedure ARTICLE I. GENERAL PROVISIONS Add "(C) MEETINGS 1. The regular meetings of the Board of Adjustment shall be held at 5:30PM on the second Tuesday of each month at Austin City Hall. 2. Any matters postponed at the request of the Board of Adjustment will be placed at the beginning of the agenda at the Board’s next meeting. 3. Any matters postponed at the request of the applicant will be placed on the agenda at the Board’s next meeting after matters categorized by Article I (C)2 4. At 10:00 PM, the Board may, in its discretion, extend the meeting if necessary." F-3/1
§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. F-8/1 ARTICLE 3. - PROCEDURES FOR APPEALS Division 1. - Reserved.[2] Footnotes: --- (2) --- §§ 2-5-41—2-5-45. - RESERVED. Division 2. - Appeals. § 2-5-61 - GENERAL PROVISIONS FOR APPEALS. Editor's note— Ord. No. 20170518-014 >, Pt. 4, effective May 29, 2017, repealed §§ …
AGENDA BOARD OF ADJUSTMENT November 8, 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 October 11, 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 C16-2021-0011 Renee Bornn for Villas Rio, LP 2111 Rio Grande Street On-Line Link: Item C-1; NO PRESENTATION 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. (H) A sign …
D-1/1LATE BACKUP From: To: Subject: Date: Mark Hoelscher Ramirez, Elaine Board of Adjustment: Case number C15-2021-0100 Monday, November 01, 2021 11:04:37 AM *** External Email - Exercise Caution *** Elaine- I'm emailing you back regarding the request for rezoning on Kinney Ave. My Name: C. Mark Hoelscher Address: 1108 Kinney Ave, Austin 78704 Phone Number: 512.975.9117 Case C15-2021-0100 Comments: In our opinion, please allow for the rezoning of the subject property at 1003 Kinney Ave. The use of the property for an SF-3 single family with pool should be allowed, it is within the former use of the property. As a favor, could an amendment be added to the allowed SF-3 rezoning to prevent the future addition of an ABU on the lot. Thank you to you and your department for reaching out to us as neighbors and "stakeholders." Best regards, Mark Hoelscher 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-1/2LATE BACKUP Austin Stowell Ramirez, Elaine From: To: Cc: Subject: Date: 2021-000085 BA - Notice of Support SUPPORT Monday, November 08, 2021 6:33:40 AM *** External Email - Exercise Caution *** My name is Austin Stowell. I Ama Zilker neighbor live at 904 Ethel St and am writing a letter of support in favor of Case # 2021-000085 BA for the property located at 1003 Kinney. The design is far superior than the ubiquitous Hardie plan structures in the neighborhood being erected by many spec builders and will help contribute, not detract to the neighborhood character. The existing structure is in poor condition. All buildings have a natural life.. The IRS limits the functional life of a building to 27.5 years. This particular structure is in disrepair and not economically feasible to be repaired. Every property owner deserves the right to replace their existing home. In this case, the zoning does not allow for reasonable use of the land. I think the Board is justified in approving the request because reasonable use is currently excluded. The property is unique to the area. I am aware of only 3 lots in Zilker that are less than 5750 square feet that are not exempted from variance by the age of the plat. The property is clearly unique and not …
5700 Grover Ave. and 5612 Roosevelt Ave. Variance Request - Multifamily C15-2021-0096 Board of Adjustment November 8, 2021 David Hartman 1 E-5/ PRESENTATION - CORRECTED/1 Project Overview 4.135 acres, comprised of former Dart Bowl bowling alley at 5700 Grover Avenue and a vacant lot at 5612 Roosevelt Avenue. August 2021 City Council approved rezoning Ordinance No. 20210826-099 that zoned the property MF-6-CO-NP. Proposed Recreational Trail connects Woodrow Pocket Park/Recreational Trail to Roosevelt Avenue and Theckla Terrace. Voluntary 10% affordable housing, via recorded Private Restrictive Covenant with Habitat/HomeBase. Requesting following variances: • Maximum 8’ fence height along the western Property line adjacent to single family housing along Woodrow Avenue per agreement with Brentwood Neighborhood Association, and • Compatibility height standards related to adjacent McCallum High School tennis courts/running track/sports field located to the east of the Property along Grover Avenue.. 2 E-5/ PRESENTATION - CORRECTED/2 Project Location 3 E-5/ PRESENTATION - CORRECTED/3 MF-3-NP MF-6-CO-NP 4 E-5/ PRESENTATION - CORRECTED/4 1. Compatibility (east and west property line). 2. Conditional Overlay approved via rezoning ordinance 8-26-21. a. Max 45’ Height and 4 Stories. b. Enhanced 40’ building setback along west property line. 3. CWQZ. 4. Floodplain. 5. Easements. 6. Firelane along south and west property line. 7. PARD recreational trail along south and west property line. 5 E-5/ PRESENTATION - CORRECTED/5 Compatibility Triggered by SF-3 Zoning to East McCallum High School (Tennis Courts/Running Track/Baseball Field) 6 E-5/ PRESENTATION - CORRECTED/6 Compatibility Constraints E-5/ PRESENTATION - CORRECTED/7 Property Constraints (Floodplain, CWQZ, Easements) 88 E-5/ PRESENTATION - CORRECTED/8 Proposed PARD Recreational Trail Connecting to Adjacent PARD Woodrow Park/Trail 99 E-5/ PRESENTATION - CORRECTED/9 Area Street Views 1010 E-5/ PRESENTATION - CORRECTED/10 Area Street Views 11 11 E-5/ PRESENTATION - CORRECTED/11 Preliminary Concept Plan 1 212 E-5/ PRESENTATION - CORRECTED/12 Requested Variances (Supported by Brentwood Neighborhood Association) 1. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(2) (Height Limitations and Setbacks for Large Sites) to increase the height limit from 3 stories and 40 feet (required/permitted) to 4 stories and 45 feet (requested) in order to erect a 4 story apartment building. Request is applicable to east property line only. 2. LDC Section 25-2-1063 Compatibility Height requirements of Article 10, Compatibility Standards, Division 2 – Development Standards, (C)(3) (Height Limitations and Setbacks for Large Sites) to increase the allowed height of a structure more than 100 feet but …
