Board of Adjustment Meeting - MINUTES August 9, 2021 (Versión en español a continuación) Board of Adjustment to be held August 9, 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 8, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the August 9, 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 8, 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 Reunión del Board of Adjustment - MINUTOS FECHA de la reunion (August 9, 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 8, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion August 9, 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 8, 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 C-1 DATE: August 9, 2021 CASE NUMBER: C16-2021-0008 _______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: 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 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: 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 _______________________for__ Jessica Cohen Chairman C-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 CASE NUMBER: C16-2021-0008 DATE: June 14, 2021 ___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: …
C-1/72 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-1/73 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 C-1/95 C-1/96 C-1/97
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0083 BOA DATE: September 13, 2021 ADDRESS: 1207 Taylor St OWNER: 1207 Taylor Series, LLC COUNCIL DISTRICT: 3 AGENT: Victoria Haase ZONING: SF-3-NP (E. Cesar Chavez NP) LEGAL DESCRIPTION: LOT 23 OLT 45 DIV O WENDLANDT & STAEHELY RESUB VARIANCE REQUEST: LDC 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet to 5,676 square feet and b) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet to 19.25 feet SUMMARY: erect a Two-Family residential use ISSUES: three protected trees, two of which are heritage trees 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 Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team 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-1/1 August 26, 2021 ApplicantName 1207 Taylor St Austin TX, 78702 Re: C15-2021-0083 Property Description: LOT 23 OLT 45 DIV O WENDLANDT & STAEHELY RESUB Dear FirstName, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from Section 25-2-492(D) Site Development regulations – Or Section 25-2-774(B) Two Family Residential Use – to decrease the minimum lot size from 5,750 square feet (required) to 5,676 square feet; and Section 25-2-515 (Rear Yard of Through Lot) – to decrease the rear yard setback requirement from 23.56 feet to 19.25 feet. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Joseph Beeler, Planner II Austin Energy Public Involvement | Real …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0085 BOA DATE: September 13th, 2021 ADDRESS: 1717 Channel Rd OWNER: Estates at Lake Austin LP COUNCIL DISTRICT: 10 AGENT: David Cancialosi ZONING: LA LEGAL DESCRIPTION: ABS 329 SUR 2 GRAY T ACR 1.7280 VARIANCE REQUEST: reduce the shoreline setback from 75 feet to 25 feet SUMMARY: erect a Single-Family + associated improvements ISSUES: shoreline setback, protected trees ZONING LAND USES Site North South East West LA SF-2 SF-2 SF-2 SF-2 Lake Austin -Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council City of Rollingwood Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Our Springs Alliance Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources D-2/1 August 26, 2021 Ashley Knight 1717 Channel Rd Austin TX, 78746 Re: C15-2021-0085 Dear Ashley, Property Description: ABS 329 SUR 2 GRAY T ACR 1.7280 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Section 25-551(B)(1)(a) to reduce the shoreline setback from 75’ to 25’. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Joseph Beeler, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602 D-2/2 A N U G A L C H A N N E L SANDY ACRES R O C K C L I F F ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS C15-2021-0085 CASE#: LOCATION: 1717 CHANNEL ROAD 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 E-1 DATE: Monday August 9, 2021 CASE NUMBER: C15-2021-0027 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out – no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____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). E-1/1 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 forE-1/2 From: To: Subject: Date: Charles Shapiro Ramirez, Elaine Requesting BOA withdrawal for C15-2021-0027 Monday, August 30, 2021 7:50:40 AM *** External Email - Exercise Caution *** Case#: C15-2021-0027 Address: 12905 Veronese Dr, Austin, TX 78739 …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 CASE NUMBER: C15-2021-0055 DATE: Monday August 9 2021 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (out – no show) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______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 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-2/1 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 forE-2/2 *** External Email - Exercise Caution *** From: To: Subject: Date: RUBEN VALDES Ramirez, Elaine C# 2021-015186- 1206 W Oltorf Street Thursday, August 26, 2021 12:37:09 PM Please withdraw my application for this variance. C# 2021-015186- 1206 W Oltorf Street Hi Elaine, Thank you Ruben D. Valdes, EA, USTCP Enrolled Agent Admitted to represent Taxpayers before the IRS United States Tax Court Practitioner Member of the Bar, United States Tax Court Tax Professionals of Austin LLC 212 W Stassney Lane Austin, TX 78745 t: 512-676-0736 w 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. E-2/3 CITY OF …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0080 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out-no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____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) a primary setback area or a secondary setback area, the maximum impervious cover is: 1) 40 percent For an area not included in E-3/1 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. 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 forE-3/2 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 August 27, 2021 Micah J. King Senior Associate 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: Follow-Up Information Related to the …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday August 09, 2021 CASE NUMBER: C15-2021-0081 ___Y____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___-____Darryl Pruett (out-no show) ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen (out) ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____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, E-4/1 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Chair Jessica Cohen nay); POSTPONED TO September 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 Chair forE-4/2 ADVANCED PACKETC15-2021-00812021-000067-BA / C15-2021-0081E-4/3 ARCHITECT'SDRAWINGS2021-000067-BA / C15-2021-0081E-4/4 BEDROOM BATH BEDROOM CLOSET AC CABINET CLOSET Existing Second Floor Plan Scale: 1/8” = 1'-0” Clarksville Residence July 17, 2021 Planning Agency …
E-4/35 ADVANCED PACKET C15-2021-0081 2021-000067-BA / C15-2021-0081 E-4/36 ARCHITECT'S DRAWINGS 2021-000067-BA / C15-2021-0081 E-4/37 2021-000067-BA / C15-2021-0081 E-4/38 2021-000067-BA / C15-2021-0081 E-4/39 2021-000067-BA / C15-2021-0081 E-4/40 2021-000067-BA / C15-2021-0081 E-4/41 2021-000067-BA / C15-2021-0081 E-4/42 2021-000067-BA / C15-2021-0081 E-4/43 7 G E P I ˚ ˝ 3 ! 3 2021-000067-BA / C15-2021-0081 E-4/44 2021-000067-BA / C15-2021-0081 E-4/45 2021-000067-BA / C15-2021-0081 E-4/46 BOARD OF ADJUSTMENT CASE C15-2012-0147 (608 Blanco St) 2021-000067-BA / C15-2021-0081 E-4/47 2021-000067-BA / C15-2021-0081 E-4/48 2021-000067-BA / C15-2021-0081 E-4/49 From: To: Subject: Date: Ramirez, Elaine RE: C15-2021-0081 Saturday, August 07, 2021 7:06:33 PM *** External Email - Exercise Caution *** August 7, 2021 RE: C15-2021-0081 Dear Board of Adjustment Commissioners, I live in the neighborhood and have property within 500 feet of the proposed addition at 1308 West 9½ Street, Austin, TX, 78703. I am not in support of the request by Maryelaine Sotos and Bill Schurtz to increase the FAR for this property and the maximum square footage from 3,146 to 3,646. I strongly oppose this request, for these reasons: • I see absolutely no hardship in this case. According to the city of Austin building permits, the single-family homes’ total new/addition building square footage is 3,618 sf and the ADU is 312 sf. The lot is 7,877 sf. • This home is fairly new having been built in 2017. It seems that the original owners built close to the maximum FAR. The current owners purchased the house two years ago. The time to research if the FAR would allow for expansion is before buying the property. • The point of FAR is to limit the size of the dwelling in relation to lot size. This lot is bigger than most in our neighborhood. • I believe the proposal would set a bad precedent, by dramatically expanding the existing, generous FAR for this SF3 zoning. • Granting this variance would open the door for other property owners who could use this action as precedent to build additional dense projects throughout this congested neighborhood by simply saying they need another bedroom. This precedent would then have an impact on the whole neighborhood. This could also lead to projects that need to have more impervious cover. The neighborhood and West Austin Park already have significant flooding issues. • One cannot compare the multi-family (MF-4 zoned) properties in the neighborhood to single-family residences. Obviously, any MF-4 structure houses a large number …
Granted 4 Postponed 8 BOA Monthly Report July 2021-June 2022 August 9, 2021 1) 25-2-492 (Site Development Regulations) to decrease the minimum lot width 2) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback 3) 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size requirement 4) 25-2-773 (Duplex Residential Use) (B) (5) (b) from two stories (maximum allowed) to three stories 1) 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 2) 25-10-133 (University Neighborhood Overlay Zoning District Signs), 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) 25-2-492 (Site Development Regulations) from: a) setback requirements to decrease the minimum Rear Yard Setback b) setback requirements to decrease the minimum Interior Side Yard Setback and from 25-2-735 (Festival Beach Subdistrict Regulations) from c)impervious cover requirements to increase 4) Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R 5) 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase 6) 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback 7) 25-2-551 (Lake Austin District Regulations) (C) (3)(a) impervious cover on a slope (b) increase the maximum impervious cover on a slope (c) increase the maximum impervious cover on a slope (d) increase maximum impervious cover on a slope 8) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback increase the maximum Denied Withdrawn 0 1 1) Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R Discussion Items Aug 2021. Interpretations 4 0 new inquiries The deposition of the case items: (Added aug9# 2021) A. Granted B. Postponed C. Withdrawn D. Denied E. Discussion Items 10 15 2 1 8 F-1/1 Granted 6 July12, 2021 1) 13-2-862 …
§ 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-5/1 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 §§ …
Board of Adjustment Training & Staff Support Workgroup 2020-07-02 (Leighton-Burwell, Hawthorne, Von Ohlen & Bailey) -- UPDATED Results /Action Items Proposed by the Workgroup (for discussion and possible action by the whole Board at upcoming BOA Meeting): 1. We want to start BOA trainings ASAP (thanks to our Liaison, this is already underway). 2. We want to have knowledgeable staff available at our hearings to answer questions regarding issues outside of BOA Liaison’s expertise (residential zoning), such was Lake Austin, Signage, Waterfront Overlay, etc. 3. We want to find out status of GIS mapping efforts showing history of BOA cases (location, type, etc.). 4. We want to build new bridges with City Staff and repair relationships from past situations. In addition, we want to be able to increase staff accountability without it appearing as a personal attack. 5. We want to know what the Department Supervisors need / want from BOA to better support each other and our joint processes. 6. We want to temper our deliberations to be focused on the facts of the cases before us and be less inflammatory or confrontational towards applicants and staff. 7. We want to hold ourselves accountable and our BOA colleagues in a civil and respectful manner. 8. We want to create processes for transitions in BOA leadership and for additions of new members to our Board. 9. We want to include training on the role the legislature plays in the BOA. Specifically how we are governed by both City and State mandates and what that means in how we operate. F-6/1
• SF-3 Zoning • Through-Lot • 5,676 sq. ft. lot size • East Cesar Chavez NPA Need for more housing Preserve and increase opportunities for ownership Preserve character 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/1-PRESENTATION Requested Variance 1. Decrease standard lot size from 5,750sqft. to 5,676sqft. 2. Decrease the rear yard setback from 25ft. to 19.25 ft. 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/2-PRESENTATION Reasonable Use of SF-3 • Principle Structure + ADU • Building setbacks that are similar, consistent w/adjacent properties. Hardship • Lot legally platted at less than standard size of 5,750 sq. ft. • Mature trees with extensive critical root zones decrease the area available to receive a building. 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/3-PRESENTATION Area Character - House & ADU - - Similar building setbacks Similar building orientation to both Taylor & Holly Streets 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/4-PRESENTATION 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/5-PRESENTATION 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/6-PRESENTATION 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/7-PRESENTATION 1207 Taylor Street – C15-2021-0083 City of Austin – Board of Adjustment – 9/13/2021 D-1/8-PRESENTATION D-1/9-PRESENTATION
1717 CHANNEL ROAD AUSTIN, TX 78746 Case # 2021-000072 BA D-2/1-PRESENTATION VARIANCE REQUEST eeking BOA Variance to reduce shoreline setback: C 25-2-551(B)(1)(a) to reduce shoreline setback from 75’ to 25’ along a man-made gh that abuts the property via cut in boat slip. e Austin shoreline setback is 75’ per staff’s current interpretation of where a shoreli ack is measured from as it relates to man made sloughs or inlets. client is seeking a 25’ Lake Austin shoreline setback from the slough. man-made slough has a cut-in slip created sometime between1955 and 1968 per C tin zoning profile aerials. re does not appear to be any natural causation of the inlet. It appears wholly man m g various historical aerials and physical inspections. D-2/2-PRESENTATION AERIAL D-2/3-PRESENTATION MAP AERIAL D-2/4-PRESENTATION CHANNEL RD + ENTRANCE TO SITE Easement to 1717 D-2/5-PRESENTATION VARIOUS INLET ANGLES D-2/6-PRESENTATION VARIOUS INLET AND CHANNEL ANGLES D-2/7-PRESENTATION VARIOUS PROPERTY ANGLES FROM INLET D-2/8-PRESENTATION VARIOUS PROPERTY ANGLES AROUND INLET D-2/9-PRESENTATION EASEMENT THAT SPLITS PROPERTY D-2/10-PRESENTATION CHANNEL TO / FROM LAGOON – LAKE AUSTIN D-2/11-PRESENTATION REASONABLE USE zoning regulations applicable to the property do not allow onable use because: zoning regulations combined with unique hardships prevent a reasonable use of th rescribed by the applicable zoning district. existing 1.72-acre tract is vacant and zoned Lake Austin, LA, as part of the City rt to apply LA zoning to lake properties in 1984. The site was annexed June 15, 196 ed “A” zoning which is the equivalent of today’s SF-2 zoning. The site does not fro n body of Lake Austin. It is only accessible to the water via a small inlet that connec on. From that lagoon a straight line was dredged to the site. On the other side on, it connects to the main body of Lake Austin via separate canal (from the la canal travels under a bridge (Channel Road), then it connects to the main body. ( aerial maps for quick reference). We believe the cut-in slip was created during the period as the actual inlet because the 1955 – 1968 aerials reflect the inlet being dr m the lagoon during this time and not in any aerials before 1955. It shows the inlet e location between 1955 - present. Currently there is no boat dock structure crete retaining walls exist in the cut-in area. D-2/12-PRESENTATION REASONABLE USE (CONT’D) e applicant is requesting a reduced shoreline setback …
1717 CHANNEL ROAD AUSTIN, TX 78746 Case # 2021-000072 BA D-2/1-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. D-2/2-PRESENTATION AERIAL D-2/3-PRESENTATION MAP AERIAL D-2/4-PRESENTATION CHANNEL RD + ENTRANCE TO SITE Easement to 1717 D-2/5-PRESENTATION VARIOUS INLET ANGLES D-2/6-PRESENTATION VARIOUS INLET AND CHANNEL ANGLES D-2/7-PRESENTATION VARIOUS PROPERTY ANGLES FROM INLET D-2/8-PRESENTATION VARIOUS PROPERTY ANGLES AROUND INLET D-2/9-PRESENTATION EASEMENT THAT SPLITS PROPERTY D-2/10-PRESENTATION CHANNEL TO / FROM LAGOON – LAKE AUSTIN D-2/11-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 …
Variance Request 74 San Saba Street C15-2021-0080 The Board of Adjustment September 13, 2021 Item E-3 Micah King (Husch Blackwell LLP) E-3/1-PRESENTATION Overview To preserve deck that serves the rear, upper-level unit built in 1930 and provides secondary egress and living space for the small unit whose living space is only on the 2nd level. Placement limited to rear due to palm trees and need to provide separation and safe fire access to the rear unit, and to allow access for firefighters w/out walking under porch. Unit constructed close to rear lot line prior to original zoning code (and the 1928 code placed the property in the “E” “Unrestricted” use district). 2 E-3/2-PRESENTATION Requested Variances To provide reduced max. impervious cover of 41.38% (40% required outside the primary and secondary setbacks in the Festival Beach subdistrict of the Waterfront Overlay) To reduce the min. side setback from 5′ to 3.9′ To reduce the min. rear setback from 10′ to 2.1′ 3 E-3/3-PRESENTATION Fence Update We measured the fences, analyzed the Code, and met with numerous City Staff at the Development Services Department (who reviewed photos and measurements), and they confirmed that the fence does not require a variance. 4 E-3/4-PRESENTATION Proposed Reduction to Impervious Cover Net reduction to impervious cover in the Waterfront Overlay (via demolishing pre-existing concrete walk and stone pads) as part of the request. 40%: Max. impervious cover 44.14%: Impervious cover prior to deck 47.8%: Existing impervious cover 41.38%: Requested impervious cover 5 E-3/5-PRESENTATION 6 E-3/6-PRESENTATION The Zoning Regulations Do Not Allow for a Reasonable Use Because: They preclude being able to preserve an existing deck for the upstairs rear residential unit, which increases fire safety for residents and firefighters by providing a secondary point of egress in case of emergency and which enhances quality of life for residents. Deck is set back approximately 10′ from originally- platted lot line of property to the rear, and the side of the deck is in line with the side of existing structure. 7 E-3/7-PRESENTATION Reasonable Use: Photo Showing Alignment of Deck with Side of Unit 8 E-3/8-PRESENTATION Hardship is Unique to the Property Because: Placement options constrained by locations of the structures constructed prior to zoning regulations. Rear structure was lawfully constructed close to the rear property line. Trees between units. Provide gap between …
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 …
