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 Monday 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." ARTICLE V. HEARINGS AND DECISIONS (B) Order of Business. Add “Who will call each matter will be determined before the meeting by the chair” to the beginning. Move “The chair shall administer an oath to all persons providing testimony or other evidence” to follow “After the chair calls the meeting to order,” Insert “Either the chair or” in front of “the staff liaison shall call each matter in the order” So that it reads: Who will call each matter will be determined before the meeting by the chair. After the chair calls the meeting to order, the chair shall administer an oath to all persons providing testimony or other evidence. Either the chair or the staff liaison shall call each matter in the order filed and shall announce the case number, the name of the applicant, and the location of the property. The staff liaison shall describe the nature of the case and advise the Board of any communications received. F-3/LATE BACKUP-1
City Council & City Manager, Adjustment; and WHEREAS, since the opening of City Hall it has hosted the meetings of the Board of WHEREAS, the Board of Adjustment is a quasi-judicial sovereign board that has an impact on the development and growth of the City of Austin; and WHEREAS, sovereign boards are held to a higher standard than advisory boards and commissions; and business hours; and WHEREAS, land use board and commission public hearings take place outside normal WHEREAS, the Board of Adjustment is not a city department or service; and WHEREAS, City management has decided to move the meetings of the Board of Adjustment, the Planning Commission, and the Zoning and Platting Commission to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the Board or the public; and WHEREAS, moving the Board of Adjustment public hearings to the PDC places an undue burden on the public, the staff and the board members; and WHEREAS, public hearings for variances, special exceptions, and administrative appeals by the Board of Adjustment should be in the same location as city council and other land use commissions to avoid confusing the public; and WHEREAS, PDC signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; and WHEREAS, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they are to the PDC; and WHEREAS, the safety and security of participants is paramount and City Hall has metal detectors, security immediately outside the chamber and secure parking; and WHEREAS, Highland Mall is a construction zone so pedestrians and transit riders will have to walk past empty lots at night including a vacated lot used for surface parking across the street from the PDC, while City Hall is in the middle of an active, walkable downtown; and WHEREAS, City Hall has a dais, computers on the dais, work tables for staff and comfortable, permanent chairs for the public while the PDC facility at Highland Mall is a multi- purpose room; and WHEREAS, there is no reason operationally to move the Board of Adjustment meetings to …
From: To: Cc: Subject: Date: Lorraine Atherton Ramirez, Diana; Ramirez, Elaine Agenda item D-1, 1003 Kinney variance, case C15-2021-0100 Monday, November 08, 2021 10:59:05 AM *** External Email - Exercise Caution *** Hello, Ms. Ramirez. Please include these comments in the backup and case file for tonight’s Board of Adjustment hearing on Agenda item D-1, 1003 Kinney variance, case C15-2021-0100. Thank you for your help. Lorraine Atherton 2009 Arpdale, Austin, TX 78704 For the Zoning Committee of the Zilker Neighborhood Association To the City of Austin Board of Adjustment The Zoning Committee of the Zilker Neighborhood Association is opposed to the requested lot size variance for 1003 Kinney because the applicant has not presented a qualifying hardship and because the granting of the variance amounts to a privilege that has been denied to other properties in similar circumstances. We offer these alternatives: 1. Encourage the owner to purchase or otherwise persuade the City to vacate a portion of the alley. 2. Limit the new construction to the dimensions of the demolished house. The request lacks a hardship: Demolition application forms note that the applicant is responsible for checking on whether new construction will be allowed on the lot, before the application is submitted. The applicant must also take responsibility for submitting the correct lot dimensions. The hardship question in this case boils down to whether the applicant checked the box in error, or the City staff approved the demolition in error. Unless the owner at 1003 Kinney can show that staff approved the demolition in error, there is no hardship. If staff approved it in error, then the best the owner can expect is permission to rebuild the house to its previous dimensions. The situation is not unique in this neighborhood: The applicant cites 904 Ethel as a comparable case, but the 904 Ethel variance was sought BEFORE demolition, not after. The BoA decision in the Ethel case on Nov. 14, 2016, was to limit the construction to 1,600 sf. More relevant cases are: 1516 Kinney, where the house was demolished prematurely. That variance was denied early in 2016. The owner eventually bought more land to restore the minimum lot size. The ZNA position in that case was that we would have been happy to discuss a variance to preserve the existing house, but when the owner went ahead and demolished the house, he removed any justification for a hardship. …
BOARD OF ADJUSTMENT RECOMMENDATION 20211108-F-2 Date: 11/08/2021 Subject: Board of Adjustment bylaw change Motioned By: Vice-Chair Melissa Hawthorne Seconded By: Chair Jessica Cohen Recommendation Article 7(D) - remove monthly and add “at 5:30PM on the second Monday of each month at Austin City Hall” Description of Recommendation to Council An administrative change in the BOA bylaws to specify the time, day, and location for BOA meetings to occur matching the time, day, and location the BOA has traditionally observed since 2004 Rationale: In the interest of transparency, equity, and accessibility for all Austinites to the Board of Adjustment, the Board is in unanimous agreement that future hearings and meetings should continue to be held at Austin City Hall and that as a quasi-judicial sovereign land use board, the time and day should be defined in the bylaws similar to other sovereign land use boards. Vote For: 11 Against: 0 Abstain: 0 Absent: 0 Attest: Chair Jessica Cohen 1 of 1 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 Monday of each month at Austin City Hall”
BOARD OF ADJUSTMENT RECOMMENDATION 20211108-F-4 Date: 11/08/2021 Subject: Resolution for Board of Adjustment hearings/meetings to continue at Austin City Hall Motioned By: Board Member Thomas Ates Seconded By: Vice-Chair Melissa Hawthorne Recommendation On 11/8/2021 the Board of Adjustment unanimously approved a resolution for board meetings to continue to be held at City Hall. Description of Recommendation to Council Please see accompanying Resolution Rationale: In the interest of transparency, equity, and accessibility for all Austinites to the Board of Adjustment, the Board is in unanimous agreement that future hearings and meetings should continue to be held at Austin City Hall. Vote For: 11 Against: 0 Abstain: 0 Absent: 0 Attest: Chair Jessica Cohen 1 of 1 City Council & City Manager, Adjustment; and WHEREAS, since the opening of City Hall it has hosted the meetings of the Board of WHEREAS, the Board of Adjustment is a quasi-judicial sovereign board only appealable to state district court rather than city council that has an impact on the development and growth of the City of Austin; and WHEREAS, sovereign boards are held to a higher standard than advisory boards and WHEREAS, land use board and commission public hearings take place outside normal commissions; and business hours; and WHEREAS, the Board of Adjustment is not a city department or service; and WHEREAS, City management has decided to move the meetings of the Board of Adjustment, the Planning Commission, and the Zoning and Platting Commission to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the Board or the public; and WHEREAS, moving the Board of Adjustment public hearings to the PDC places an undue burden on the public, the staff and the board members; and WHEREAS, public hearings for variances, special exceptions, and administrative appeals by the Board of Adjustment should be in the same location as city council and other land use commissions to avoid confusing the public; and WHEREAS, PDC signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; and WHEREAS, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they …
City Council & City Manager, Adjustment; and WHEREAS, since the opening of City Hall it has hosted the meetings of the Board of WHEREAS, the Board of Adjustment is a quasi-judicial sovereign board only appealable to state district court rather than city council that has an impact on the development and growth of the City of Austin; and WHEREAS, sovereign boards are held to a higher standard than advisory boards and WHEREAS, land use board and commission public hearings take place outside normal commissions; and business hours; and WHEREAS, the Board of Adjustment is not a city department or service; and WHEREAS, City management has decided to move the meetings of the Board of Adjustment, the Planning Commission, and the Zoning and Platting Commission to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the Board or the public; and WHEREAS, moving the Board of Adjustment public hearings to the PDC places an undue burden on the public, the staff and the board members; and WHEREAS, public hearings for variances, special exceptions, and administrative appeals by the Board of Adjustment should be in the same location as city council and other land use commissions to avoid confusing the public; and WHEREAS, PDC signage is lacking, with only small signs on the glass doors facing Wilhelmina Delco Drive, the PDC’s official address, making it easy for participants to miss, yet the public entrance is on Thomas Hatfield Way; and WHEREAS, seven high-frequency bus routes serve City Hall including two MetroRapids, yet only two high-frequency bus routes – the 7 and the 337 – and the Red Line serve the PDC, and the bus stops are closer to City Hall than they are to the PDC; and WHEREAS, the safety and security of participants is paramount and City Hall has metal detectors, security immediately outside the chamber and secure parking; and WHEREAS, Highland Mall is a construction zone so pedestrians and transit riders will have to walk past empty lots at night including a vacated lot used for surface parking across the street from the PDC, while City Hall is in the middle of an active, walkable downtown; and WHEREAS, City Hall has a dais, computers on the dais, work tables for staff and comfortable, permanent chairs for the public while the PDC facility at Highland Mall is a multi- purpose room; and WHEREAS, there is no …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: November 8, 2021 CASE NUMBER: C16-2021-0011 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (abstained) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Renee Bornn OWNER: Villas Rio, LP ADDRESS: 2111 RIO GRANDE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 1 sign(s) on the property: a) (F) to allow one (1) wall signs above the second floor (maximum allowed) to the eight floor (requested) b) (H) to allow for the one (1) sign(s) to all be illuminated in order to provide signage for the Villas on Rio Grande in a “GO-MU, LO-NP, MF-4-NP”, General Office- Mixed Use, Limited Office, Multi-Family– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building. (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Oct 11, 2021 BOA MEETING POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (AS REQUESTED BY APPLICANT); Nov 8, 2021 POSTPONED TO DEC 13, 2021 (per applicant) FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair ____________________________
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0100 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___Y___Rahm McDaniel ___Y___Darryl Pruett ___-____Agustina Rodriguez (abstained) ___Y___Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y___Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) (abstained) _______Vacant (Alternate) OWNER/APPLICANT: Ian Ellis ADDRESS: 1003 KINNEY AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: Section 25-2-943 (B) (2) (a) (Substandard Lot) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,464 square feet (requested), (TCAD records show 5,740 sq. ft.) in order to erect a Single-Family residence with a Pool in a “SF-3”, Single-Family zoning district. Note: 25-2-943 SUBSTANDARD LOT (B) A substandard lot may be used for a single-family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection. (2) A substandard lot recorded in the county real property records after March 14, 1946 must: (a) have an area of not less than 5,750 square feet. BOARD’S DECISION: BOA MEETING NOV 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to December 13, 2021; Board Member Darryl Pruett seconds on a 9-0-2 vote (Board members Agustina Rodriguez and Carrie Waller Abstained); POSTPONED TO DECEMBER 13, 2021. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 CASE NUMBER: C15-2021-0056 DATE: Monday November 8, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Andrea Hamilton OWNER: Chase & Andrea Hamilton ADDRESS: 3006 GLENVIEW AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 5 feet (requested) in order to erect a detached garage/office in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Windsor Road Neighborhood Plan) Note: Per LDC for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUG 9, 2021 AE DENIAL; 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 Rahm McDaniel seconds on a 9-1 vote (Board Member Brooke Bailey nay); 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)-re-notification needed VARIANCE REQUEST: RENOTICE-The applicant is requesting a variance(s) from the Land Development Code, Section(s): a) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 5 feet (requested) b) Subchapter F Residential Design and Compatibility Standards, Article 3, 3.3.2 (A) (1) (Gross Floor Area) for a detached parking area to decrease the minimum distance requirement from the principal structure from 10 feet (required) to 5 feet (requested) in order to erect a detached garage/office in an “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (Windsor Road Neighborhood Plan) Note: a) Per LDC 25-2-515 Rear Yard of A Through Lot - For a through lot, a rear yard must comply with the minimum requirements applicable to a front yard. a) rear parking area that is separated from the principal structure by not less than 10 feet. Per LDC Subchapter F, RDCC, Article 3, 3.3.2 (A) (1) (Gross Floor Area) - A detached BOARD’S DECISION: BOA November 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0062 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___Y___Rahm McDaniel ___Y___Darryl Pruett ___Y___Agustina Rodriguez ___Y___Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y___Kelly Blume (Alternate) ___Y___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 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). Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve with conditions to remove existing wood deck and stairs on the north side as per exhibit E-2/28 and presentation slide E-2/35, and will not exceed calculations on presentation slide E-2/26; Board …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0085 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___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; Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen motions to approve with conditions to install a rainwater system and to limit the impervious cover to 32%; Board Member Darryl Pruett seconds on a 11-0 vote; GRANTED WITH CONDITIONS TO INSTALL A RAINWATER SYSTEM AND TO LIMIT THE IMPERVIOUS COVER TO 32%. FINDING: 1. 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. 2. (a) The hardship for which the variance is requested is unique to the property in that: the number of hardships and the extent to which they encumber the site severely limit the normal development typically found on a lot of this size in LA zoning (b) The hardship is not general to the area in which the property is located because: man made sloughs create significant development constraints because of the 75’ shoreline setback 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: …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0093 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y____Kelly Blume (Alternate) ___Y____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); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to approve; Board Member Rahm McDaniel seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: at this location with dock and driveway limits the depth is ot navigable or usable 2. (a) The hardship for which the variance is requested is unique to the property in that: its extremely shallow along the shoreline (b) The hardship is not general to the area in which the property is located because: along this curve of the lake also have very shallow water at the shoreline, the vast majority of dock sites on the lake can be accessed by following current code restrictions. 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: as adjacent docks have similar setbacks and similar issues with shallowness of the lake and the additional five feet that helps alleviate the dredge amount is de minimis on this application. ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet E-5 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0096 ___Y___Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___-____Nicholl Wade (out) ___Y____Kelly Blume (Alternate) ___Y____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) 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-6 DATE: Monday November 8, 2021 CASE NUMBER: C15-2021-0097 __Y_____Thomas Ates __Y_____Brooke Bailey __Y_____Jessica Cohen __Y_____Melissa Hawthorne __Y_____Barbara Mcarthur __Y_____Rahm McDaniel __Y_____Darryl Pruett __Y_____Agustina Rodriguez __Y_____Richard Smith __-_____Michael Von Ohlen (out) __-_____Nicholl Wade (out) __Y____Kelly Blume (Alternate) __Y_____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); Nov 8, 2021 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to December 13, 2021; Board Member Thomas Ates seconds on an 11-0 vote; POSTPONED TO DECEMBER 13, 2021. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair
CITY OF AUSTIN Board of Adjustment Decision Sheet E-7 DATE: Monday November 8, 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. 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); 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 Madam Chair
BOA SIGN REVIEW COVERSHEET CASE: C16-2021-0011 BOA DATE: October 11th, 2021 ADDRESS: 2111 Rio Grande St OWNER: Villa Rios, LP COUNCIL DISTRICT: 9 AGENT: Renee Bornn ZONING: GO-MU; LO-NP; MF-4-NP LEGAL DESCRIPTION: LT 1-3 OLT 23-1/2 DIV D HORSTS LOUIS SUBD VARIANCE REQUEST: requesting a total of one (1) sign on the property: (F) to allow one (1) wall sign above the second floor (maximum allowed) to the eighth floor (requested) and (H) to allow for the one (1) sign to be illuminated. SUMMARY: to attach a wall sign ISSUES: preservation of historical building takes up a substantial portion of the 2nd Fl availability for illuminated signage. ZONING LAND USES Site GO-MU; LO-NP; MF-4-NP North GO-MU-H-NP South MF-4-NP East West GO-MU-H-NP; GO-MU LO-NP General Office-Mixed Use; Limited Office; Multi-Family High Density General Office-Mixed Use-Historic Landmark Multi-Family General Office-Mixed Use Limited Office NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council CANPAC (Central Austin Neigh Plan Area Committee) Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association My Guadalupe Neighborhood Empowerment Foundation Preservation Austin SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group University Area Partners West Campus Neighborhood Association C-1/1 L R A E P 24TH N O T E S S E C E U N 23RD E D N A R G O R I L R A E P 22ND HALF 22ND S E C E U N 23RD WEST MALL UT E P U L A D A U G INNER CAMPUS I O N O T N A N A S 23RD I L E R B A G N A S 21ST L R A E P 21ST MARTIN LUTHER KING JR 20TH 18TH 17TH T S E W 18TH E D N A R RIO G S E C E U N NIO O T N N A A S ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS C16-2021-0011 CASE#: LOCATION: 2111 RIO GRANDE 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 Board of Adjustment Decision Sheet C-2 DATE: August 9, 2021 CASE NUMBER: C16-2021-0003 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett (no show) _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______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 D-1/1 for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. 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: a) b) c) (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern …
