Lake Austin (LA) Zoning - City of Austin Susan Barr Board of Adjustment Board Meeting – September 13, 2021 Building a Better Austin Together F-2/1-PRESENTATION PURPOSE • The purpose of the Lake Austin (LA) Zoning and the Lake Austin (LA) Overlay District: is to protect the scenic, recreational, and environmental benefits of Lake Austin by restricting the scale and intensity of development near the lake Building a Better Austin Together F-2/2-PRESENTATION PURPOSE § 25-2-551 LAKE AUSTIN (LA) DISTRICT REGULATIONS. (A) In this section: (1)SHORELINE means the 492.8 topographic contour line along the shores of Lake Austin. (2)SHORELINE SETBACK means a line parallel to the shoreline and at a distance from the shoreline that is prescribed in this section. (3)SHORELINE SETBACK AREA means an area between the shoreline and the shoreline setback. (B)This subsection specifies shoreline setbacks in a Lake Austin (LA) district. (1)The shoreline setback is: (a)75 feet; or (b)25 feet, if: (i)the lot is located in a subdivision plat recorded before April 22, 1982, or is a legal tract exempt from the requirement to plat; and (ii)the distance between the shoreline and the front lot line, or the property line of a legal tract, is 200 feet or less. (2)A shoreline setback area is excluded from impervious cover calculations. (3)No structures are allowed in a shoreline setback area, except that: (3)For a lot included in a subdivision plat recorded before April 22, 1982, or a tract that is not required to be platted, impervious cover may not exceed: (a)a chord width of not less than 33 feet at the front lot line; (b)a width of not less than 60 feet at the front yard setback line; and (c)a width of not less than 100 feet at all points 100 feet or more behind the front lot line. (2)For a lot included in a subdivision plat recorded after April 22, 1982, impervious cover may not exceed: (a)20 percent, on a slope with a gradient of 25 percent or less; (b)10 percent, on a slope with a gradient of more than 25 percent and not more than 35 percent; or (c)if impervious cover is transferred under Subsection (D), 30 percent. (a)35 percent, on a slope with a gradient of 15 percent or less; (b)10 percent, on a slope with a gradient of more than 15 percent and not more than 25 percent; (c)5 percent, on a slope with a gradient of …
AGENDA BOARD OF ADJUSTMENT September 13, 2021at 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Vacant (Alternate) ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Rahm McDaniel ___Darryl Pruett EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CALL TO ORDER CITIZEN COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval August 9, 2021 draft minutes A-1 On-Line Link: Item A-1 B. C. D. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2021-0008 Leah M. Bojo for The Standard at Austin, LLC 715 W. 23rd Street On-Line Link: Item C-1 PART1; PART2; PART3; PART4; NO PRESENTATION The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. WITHDRAWN BY APPLICANT VARIANCES NEW PUBLIC HEARINGS D-1 C15-2021-0083 Victoria Haase for 1207 Taylor Series, LLC-Les Canter 1207 Taylor Street 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the On-Line Link: Item D-1; PRESENTATION …
From: To: Cc: Subject: Date: Attachments: Charley Dorsaneo Ramirez, Elaine Ramirez, Diana; RE: C16-2021-0008/715 W 23rd Street Wednesday, September 01, 2021 9:24:37 AM image001.png image003.png Good morning, Elaine, We would like to withdraw our variance application in the matter of C16-2021-0008/715 W 23rd Street. Sincerely, Charley Dorsaneo, Land Use Attorney Drenner Group, PC | 200 Lee Barton Drive | Suite 100 | Austin, TX 78704 Office: 512.807.2900 | Cell: 214.500.1949 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Tuesday, August 3, 2021 11:35 AM To: Charley Dorsaneo < Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov>; Leah Bojo Subject: RE: REMINDER: Mon. Aug. 9th, 2021 BOA Presentation deadline Thank you Charley! I have Leah Bojo, registered as the Primary Speaker along with Charley Dorsaneo listed as an additional speaker(s) for the PostPonement request of case C16-2021-0008/ 715 W 23rd St If you are registered to speak you will receive an e-mail from me Monday, 8/9 before 12p.m., with call in information for our virtual BOA mtg. You will only be available via phone and only the registered speakers will receive the call in information. Once the Board has made the decision of Granting, Denying or Postponing the variance you all can disconnect from the call. Please keep in mind that if you are not the Primary Speaker the Board may or may not call on you. If you are not registered to speak you cannot call in. The Primary Speaker gets a total of 5 minutes to speak for each case(s). If the Board has questions they can call on any of the Speakers signed up on the Speaker Registration List who have signed up to speak. You cannot speak just because you want to, the Board will have to call on you to speak, again this is up to the Board. Please note: Any late support that will be accepted after this deadline date of July 23rd, 2021 will only be for Opposition and Support letters for this case. Support and Opposition Letters can be received up to Monday, August 9th, before 9a.m. in order for the Board to have access to them during the meeting. Anything after the deadline will not be viewed by the Board but will be added to the BCIC website. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 C-1/1
From: To: Subject: Date: Dan Byler Ramirez, Elaine Case# C15-2021-0083 Friday, September 10, 2021 8:06:39 AM Thanks for listening. Hi Elaine – I’m a property owner close to the subject property, 1207 Taylor. There’s plenty of room for them to build 1 large single family house here. I would like to vote to deny this variance. It’s not like they are 5 ft short needed for 2 units. They are over 100 sq ft short. They knew the size of the lot when the bought the land. If COA is going to allow this variance here, it should be done for the entire city, not just this 1 exception. *** External Email - Exercise Caution *** Here for you, Dan Byler CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. D-1/1
From: To: Subject: Date: Jim L Upshaw Ramirez, Elaine Case Number C15-2021-0085, Board of Adjustment, Sept. 13,2021 Wednesday, September 08, 2021 12:38:36 PM *** External Email - Exercise Caution *** Elaine Ramirez, Jim and Caren Upshaw 1715 Channel Rd Austin, TX 78746 Legal: ABS 329 SUR 2 GRAY T ACR .390 512 706-5553 We are property owners of land that shares a common boundary line with the property at 1717 Channel Rd. We are in favor of the requested variance. Sincerely, Jim and Caren Upshaw CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. From: To: Subject: Date: Ashley Knight Ramirez, Elaine FW: Addition to Late Backup for Item D-2, Board of Adjustment, Sept. 13,2021 Friday, September 10, 2021 9:51:37 AM *** External Email - Exercise Caution *** > From: Felix Erbring Sent: Friday, September 10, 2021 9:23 AM To: david cancialosi <d Subject: Re: Addition to Late Backup for Item D-2, Board of Adjustment, Sept. 13,2021 To the city of Austin I am the owner of 1714 Channel Rd, a property that is directly across the street for the property requesting the 25ft setback variance. I am in favor of granting the requested variance. Felix Erbring 1714 Channel Rd Austin TX 78746 Tel 713 304-2211 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.
Old West Austin Neighborhood Association Post Office Box 2724 Austin, Texas 78768 September 2, 2021 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services Re: Variance Case No. C15-2021-0081 - Letter of Opposition of Variance for 1308 9 ½ Street, Austin, Texas (the “Property”) Dear Members of the Board of Adjustment: The Old West Austin Neighborhood Association (“OWANA”) opposes a variance for additional FAR to add a second story addition at the above-referenced Property. There is no hardship in this case. The owners purchased the property knowing the limitations. By granting a variance the Board would be setting a precedent that a mere change in living situation would be a justification for obtaining a variance to increase FAR, impervious cover, building envelope and any number of other code regulations. Sincerely, Adrienne Goldsberry, Chair Old West Austin Neighborhood Association E-4/1
111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.370.3468 micah king@huschblackwell.com Micah J. King Senior Associate September 12, 2021 The Board of Adjustment c/o Elaine Ramirez Planner Senior and Board of Adjustment Liaison City of Austin Development Services Department Dear Board Members: Re: Item E-3; New Letter of Support from Owner of Property to the Rear At our last hearing, a board member asked whether the neighbor immediately to the rear of my client’s property was in support of the variance. As explained in the attached email, Mrs. Lupe Martinez, who is listed as having owned the property to the rear since 1989, is sadly now deceased, but her daughter, the new owner and current resident, supports the variance. Sincerely, Micah King HB: 4810-6824-6266.1
From: To: Subject: Date: mb@gte.net Ramirez, Elaine FW: C15-2021-0081 1308 W 9 1/2 Street - Opposition Letter Friday, September 10, 2021 3:58:16 PM *** External Email - Exercise Caution *** September 10, 2021 RE: C15-2021-0081 Dear Board of Adjustment Commissioners, I still strongly oppose this variance request, for these additional reasons: The variance for 1308 W 9 ½ Street sites the property has an unusual hardship because it is zoned SF-3. This hardship states that 608 Blanco, zoned MF-4, which was granted a variance: “was allowed by the Board of Adjustment an increased floor-area-ratio, despite having to comply with single-family requirements” in 2012. While the original use of 608 Blanco was single family, it was converted to 3 apartments by the time it was purchased in 2012. (See property details listed in Realtor.com below.) The 2012 variance also states: “The hardship for which the variance is requested is unique to the prop erty in that: this structure is an older home that has been converted to three units and to restore and modernize the building to convert it back to a single family requires compliance with current requirements for single familyuse and proposed changes in conversion to 3 units to 1 uni t will also include in compliance with the McMansion requirement and will allow thestructure to be up graded to c urrent acceptable living standards. The hardship is not general to the area in which the property is locate d because: not many of the structures in the area are reducing density and imper vious cover in order to restore older building to original uses and maintain the appeal of the original construction while converting 3 units to one.” In addition, MF-4 properties over 8000 SF are entitled to FAR OF .75:1 and the variance request in 2012 only asked for an increase of .48.2:1. In 2015, the City of Austin Plan Review approved change of use to a triplex for 608 Blanco. Comparing a single family home zoned SF-3 to a 3 unit apartment zoned MF-4 is not a reasonable argument. 608 Blanco is also in close proximity to W 6th Street and 1308 w 9 ½ Street is in the heart of the OWANA neighborhood. While the OWANA neighborhood does have properties with multi-family use, there are many single family homes. Thus allowing the request for increased FAR for 1308 W 9 ½ Street, would set a …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: September 13, 2021 CASE NUMBER: C16-2021-0008 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. August 9, 2021 POSTPONED TO September 13, 2021 BY APPLICANT; Sept 13, 2021 WITHDRAWN BY APPLICANT FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: because: OR, OR, AND, ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chairman
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0083 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Victoria Haase OWNER: 1207 Taylor Series, LLC, Les Canter ADDRESS: 1207 TAYLOR ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section(s) a) 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,676 square feet (requested) (see Note 1) and b) minimum rear yard setback from 25 feet (required) to 19.25 feet (requested) in order to erect a Two-Family Residential use (see Note 2) in an “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the Note(s): a) Per LDC 25-2-774 (Two-Family Residential Use) (B) For a two-family residential use the minimum lot area is equivalent to a standard lot. b) Per LDC 25-2-515 (Rear Yard of a Through Lot) a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: BOA MEETING SEPT 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant; Board Member Melissa Hawthorne seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the East Cesar Chavez NP demonstrates clear preference for residential development that includes secondary apartment and two family uses, this lot has SF-3-NP zoning, which allows for Secondary Apartment Special Use and two Family use, however the lot was platted at 5,663 sq ft, just under the minimum standard lot size requirement of 5,750 sq ft for an SF-3 lot. 2. (a) The hardship for which the variance is requested is unique to the property in that: the property has three protected trees of which two are heritage and must be preserved and protected, no construction can occur in the ½ critical root zone, thereby reducing the buildable area. (b) The hardship is not general to the area in which the property is located because: many of the lots in this area have structures built decades ago and therefore were not constrained by tree root systems …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0085 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: David Cancialosi OWNER: Estates at Lake Austin, LP ADDRESS: 1717 CHANNEL RD VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (B) (1) (a) from shoreline setback requirements to reduce the shoreline setback from 75 feet (required) to 25 feet (requested) along a man-made inlet in order to erect a Single-Family + associated improvements in a “LA”, Lake Austin zoning district. BOARD’S DECISION: BOA MEETING SEPT 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to October 11, 2021; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO OCTOBER 11, 2021. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0027 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase from 45% (maximum allowed) to 50% (requested), in order to construct a swimming pool to an existing Single-Family residence in an “SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021; POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; JUNE 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 POSTPONED TO AUGUST 9, 2021; Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO September 13, 2021 (APPLICANT NO SHOW); SEPT 13, 2021 WITHDRAWN BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0055 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) OWNER/APPLICANT: Ruben Valdez ADDRESS: 1206 W OLTORF ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback from 25 feet (required) to 0 feet (requested) in order to maintain a Carport and Covered Entry in a “SF-6-NP”, Single-Family-Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 10-0 vote; POSTPONED TO AUGUST 9, 2021. Aug 9, 2021 POSTPONED TO September 13, 2021 BY APPLICANT; SEPT 13, 2021 WITHDRAWN BY APPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: _____________________________ ____________________________ Elaine Ramirez Executive Liaison Jessica Cohen Chairman for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0080 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Micah King OWNER: Darius Fisher ADDRESS: 74 SAN SABA ST Unit 2 VARIANCE REQUESTED: ): The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations) from: a) setback requirements to decrease the minimum Rear Yard Setback from 10 feet (required) to 2.1 feet (requested) b) setback requirements to decrease the minimum Interior Side Yard Setback from 5 feet(required) to 3.9 feet (requested) and from 25-2-735 (Festival Beach Subdistrict Regulations) from c) impervious cover requirements to increase from 40% (maximum allowed) to 41.38% (requested), (existing 47.8%), in order to maintain a 2nd FL deck on rear accessory structure in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Holly Neighborhood Plan). Note: 25-2-735 (Festival Beach Subdistrict Regulations) (A) This section applies in the Festival Beach subdistrict of the WO combining district. (D) For an area not included in a primary setback area or a secondary setback area, the maximum impervious cover is: 1) 40 percent BOARD’S DECISION: Aug 9, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Thomas Ates seconds on a 10-0 vote; POSTPONED TO September 13, 2021. Sept 13, 2021 the public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant as per drawing E-3/17 and Impervious cover as proposed; Board Member Melissa Hawthorne seconds on a 11-0 vote; GRANTED AS PER DRAWING E-3/17 AND IMPERVIOUS COVER AS PROPOSED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: would preclude being able to preserve an existing deck for upstairs rear residential unit, which increases the fire safety for residents by providing a secondary point of egress in case of emergency and which increases the quality of life for residents, the deck is set back approx. 10 ft from the originally platted lot line of the property to the rear, and the side of the deck is in line with the side of the existing structure from circa 1930 which it serves 2. (a) The hardship for …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday September 13, 2021 CASE NUMBER: C15-2021-0081 ___-____Thomas Ates OUT ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___N____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___N____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Amanda Swor OWNER: Maryelaine Sotos & Bill Shurtz ADDRESS: 1308 9TH HALF ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from .4 to 1.0 (required) to .46 to 1.0 (requested) in order to add an addition/remodel to an existing single family residence in an “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) Note: 25-2 Subchapter F RESIDENTIAL DESIGN AND COMPATIBILITY STANDARDS, Article 2 Development Standards Section 2.1. - MAXIMUM DEVELOPMENT PERMITTED. The maximum amount of development permitted on a property subject to this Subchapter is limited to the greater of 0.4 to 1.0 floor-to-area ratio or 2,300 square feet of gross floor area, as defined in Section 3.3. Floor-to-area ratio shall be measured using gross floor area as defined in Section 3.3, except that the lot area of a flag lot is calculated consistent with the requirements of Section 25-1-22 (Measurements). BOARD’S DECISION: BOA AUG 9 MEETING The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to September 13, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Chair Jessica Cohen nay); POSTPONED TO September 13, 2021. Sept 13, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant; Board Member Michael Von Ohlen seconds on an 8-3 vote (Board members Rahm McDaniel, Richard Smith and Kelly Blume nay); DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the proposed variance doesn’t place any square footage on ground and additional volume will be aligned with existing roof height and will fit under the McMansion tent and therefore it’s not unreasonable. 2. (a) The hardship for which the variance is requested is unique to the property in that: the existing structure utilized the maximum FAR allowed under 25-2, F, 2.1 however floor area ratio requirements of this section limit development for less than what is allowed by …
AGENDA MEETING MINUTES September 13, 2021 The Board of Adjustment meeting convened on Monday, September 13, 2021. Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Jessica Cohen (Chair) called the Board Meeting to order at 5:35 p.m. Board Members in Attendance (in person): Jessica Cohen (Chair), Rahm McDaniel, Richard Smith, Nicholl Wade, Kelly Blume (Alternate), Carrie Waller (Alternate) Board Members in Attendance (virtually via teleconference): Melissa Hawthorne (Vice Chair), Barbara Mcarthur, Darryl Pruett, Agustina Rodriguez, Michael Von Ohlen, Board Members Absent: Thomas Ates, Brooke Bailey City Staff in Attendance: Elaine Ramirez (Board Liaison) Lee Simmons (Board Attorney) City Staff Absent: Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CITIZEN COMMUNICATION: GENERAL The first (4) four speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda.NONE A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval August 9, 2021 draft minutes A-1 On-Line Link: Item A-1 A-1/1 Board Member Melissa Hawthorne motions to approve the minutes for August 9, 2021, Board member Richard Smith seconds on a 10-0-1 vote (Board member Melissa Hawthorne abstained for Items C-1, C-2); APPROVED MINUTES FOR August 9, 2021. B. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Items C-1, E-1 and E-2 applicant requests to withdraw C. SIGNS PREVIOUS POSTPONEMENTS C-1 C16-2021-0008 Leah M. Bojo for The Standard at Austin, LLC 715 W. 23rd Street On-Line Link: Item C-1 PART1; PART2; PART3; PART4; NO PRESENTATION The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet …
