Zilker Neighborhood Association __________________________________________________________________ Zoning Committee zilkerneighborhood@gmail.com Austin, TX 78704 December 5, 2021 Re: 1003 Kinney, lot-size variance, Case C15-2021-0100 December 13 Agenda item E2 To: Board of Adjustment c/o Elaine Ramirez, Development Review Dept., City of Austin via email Elaine.Ramirez@austintexas.gov Chair and Board Members: Thank you for allowing the zoning committee of the Zilker Neighborhood Association (ZNA) to review the variance request for 1003 Kinney (to decrease the minimum lot size from 5750 to 5464 square feet) and to share our recommendations with the applicants. City of Austin Supervisor Eric Thomas has now dated the parcel to September 1947, confirming that the minimum lot requirement of 5750 sf applies. His email of November 17 appears on page 9 of this letter. It eliminates the applicants’ argument that “At one time previously, it was likely this lot was larger, and would have met the minimum 5750sqft area for SF-3 and to not be considered a substandard lot.” Documents submitted by the applicants show that the alley has existed in its current configuration since 1896, and the dimensions of the parcel have always been approx. 62 ft × 88 ft—beginning in 1947, through 1962 when a house was built under the previous code, through March of this year when the applicants demolished the house, and up until today. That takes us back to the demolition question raised by ZNA at the hearing on November 8. The ZNA zoning committee believes that the “non-complying structure” regulations apply in this case (see 25-2-963 and 964, on page 7). This code allows an owner to rebuild or maintain an existing structure that does not comply with current code, as long as 50% of the supporting structure is preserved. Clearly, the zoning regulations allowed reasonable use before the house was demolished. ZNA is aware of two similar variance requests, at 1107 Kinney and 1516 Kinney, where lots were scraped without regard to 25-2-963. Both variances were denied for lack of a qualifying hardship. At 1003 Kinney, we now know that the entire structure was demolished sometime this year, and it was the applicants’ responsibility to verify before demolition that new construction would be 1 E-2/1-LATE BACKUP allowed. Evidence submitted by the applicants confirms that they were aware of the substandard lot size as early as January 2021, before they purchased the property. (A chronology appears on page 6.) Their survey in February 2021 …
l'UllUC Hf'AIHNG 1:'lf'ORMATION applic:mts Md:or 1heir agem(s} �1-e expected lo a11cnd 11 public not n:(luircd fo t1ttc11d. I lov.e\l;'f, if you do aucnd, Ahhoug.h hc�fiJlg, vou nn� lK1ve the opporhinity de\·elopmem or change. or e,wiron.menlal orga.11.iz,uion 1hu1 has expre..-scd an iutere:H in a.n .ip-plici11io11 am·,1ing your neighborhood. to spcnk FOR or AGAJKST 1h.::: p1•oposcd ntact a neighborhood You 111<1)' also <:.o yo11 cn1"' mus! be submitted to the contacl person 9 :un. !he dny of !he publ:t· he2ri11g to be added 10 the Wriu.cn co1111n bcforo viewed b�· lhc Board !he niglu of !he mcl.'ling. lhe name of 1hc boi1rd public .:\II hea,'ing; 1hc Case Number; eo1nmen1s received will bcc;omc; Your (;i)Jnmems or commission. or Council� the scheduled dale or the should include nnd 1hc ccmwc1 pc,rSon listed r<.':COrd of'thc public p:irl of1his on the 1101ice. cast". listed on lhe nolice Lale B:1ck-op and he�ufog,. the board or 1m app}ic.;Him,•s h,;:�uiog 10 Ouring o p-ubJk con1innc: or denial or the :tpp lic:nion. lf !he board 01· con-1.mission iul1lounccs � specilic date ::md 1,imc for a postponcmen! than 60 days from the announccmcul, m:i further 1t0Litt· is requir('d. commission may p o .4pm,e ur or cun:inu:.nion 1ha1 is no1 kiter o kiter date, or recommend approval Case Number: C 15-2021-0057 Contact: l'ublk l lcui1l": Elain� R:;1min;.r;dnine,r:·11nire1@·au;.1in1ex:1::.gov Oe('embcr 13111 Ho,1J'd of Adiustment: • 2021 _&:,Ae L , ILL/ rour Name (please pri;itJ (a..y- � J :,min f:n·(1r 0 1 objt<:t .J "IP) 'Ford,. <;t Ac1sha, 11. 1,£?0<..1 Your address(es) by 11,fs ' «pplinJJirm �� 'b/:(.dJ.,,Jd (�(/e�tcd Sigrwl11rt )2-[Q-;2./ Dft.'e Day1imc Telephone: 1 / :>-SO 3 • '-/ � 4,3 Couu11e1us: _________________________ _ or commission's decision may be ;1pp�i1led wilh A blX1n.l stunding h) appt·nl. or can i1pp-l'.!1I lhe decision. TI)e body hold ing n public will dclcrmine whelht'lr an inlel'est..::d has standing hearing 10 appeal a pcr:;on on :111 appeal lhe decision. parly lhal is identified al<' n pcr:-.tm who by a pers(m as n pcrS()n wh(> is the applicam or 1'e.C-Otd or dtc s.ubjcc1 is dclincd propc11y, or who conmmnica1cs ,111 in!eresl lO a by: An imcrcslcd pn.liy ownel' board ()r commission de.livering o wrilleu dudng 1he publi..: hearing 1h01 gener�1lly concern (i: 11!.'IJI be delivered or nollct.')� Jppc�ring identifies lhc issues of M Ille conwc; ;wrs<m !!:ued ori a and s1x:11king l()r lhe record at sta1e-nwn1 to the board or commission or before the publi..: )1..:�u ing: i.\ud: occu1>ies a …
From: To: Subject: Date: Carol Olewin Ramirez, Elaine Seco Development 403 and 201 E Koenig Ln Monday, December 13, 2021 4:29:09 PM *** External Email - Exercise Caution *** In regards to the height variance request of Seco Development of 403 and 201 E Koenig Ln and 5613 Ave F, I Oppose granting the height variance. The increased height to 5 stories will have a negative impact on the aesthetics of the Skyview Neighborhood as well as a negative impact on the aesthetics of Koenig Ln. The height increase to 5 stories will increase the number of dwelling units further exacerbating the congestion already in the area. Although both the North Loop Neighborhood Association and the Skyview Neighborhood Association are voicing their support for the height variance, that does not mean all residents in both neighborhoods support the request. I participated in both neighborhood discussions about the Seco Development and their request for a height variance. I voiced my opposition but was out voted by the group. I stand by my opposition to the height variance because of the negative impact it will have on our neighborhood. Carol Olewin 302 W Skyview Rd, Austin, TX 78752 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: Diana Spain Ramirez, Elaine Support for variance request # C15-2021-0101 - 403/201 East Koenig Ln and 5613 Avenue F. Monday, December 13, 2021 10:05:52 AM *** External Email - Exercise Caution *** Good morning, Ms. Ramirez, I am a homeowner in the North Loop neighborhood (5410 Avenue F) and a member of the North Loop Neighborhood Association. I am writing you to let you know that, although I cannot attend the Board of Adjustments meeting tonight about the above variance, I am in full support of it. I hope I have contacted you soon enough to communicate my support to the Board. Thank you very much, Diana Spain 5410 Avenue F Austin, TX 78751-1311 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.
Loayza, Katherine Ramirez, Elaine From: To: Cc: Subject: Date: Attachments: Importance: RE: 12/13/2021 (Mon.) Board of Adjustment hearing - Withdrawal of Item D-3 C15-2021-0102 [IMAN- JWDOCS.FID4278735] Monday, December 13, 2021 1:46:00 PM image001.png High *** External Email - Exercise Caution *** Elaine, On behalf of the owner of 3201 Westlake Drive, please consider this a formal request to withdraw item D-3 C15-2021-0102 for B.O.A. action on tonight’s B.O.A. agenda. (Dec. 13, 2021). Thank you, Katherine Katherine P. Loayza Land Use Consultant Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, Texas 78701 (512) 236-2259 (512) 236-2002 (fax) The information contained in this e-mail and any attachments is confidential and intended only for the use of the individual or entity to whom it is addressed. This information may constitute information that is confidential and privileged as an attorney-client communication or as attorney work product. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible to deliver this communication to the intended recipient, you are hereby notified that any distribution, copying, or use of this communication, electronic or otherwise, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, by replying to the sender via e-mail, or by e-mail to ", and please delete this e-mail and any accompanying attachments from your in box, recycle bin, and any other directory, file, or electronic storage. Thank you for your cooperation. From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Friday, December 10, 2021 8:50 AM Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: 12/13/2021 (Mon.) Board of Adjustment hearing Importance: High **RECEIVED FROM EXTERNAL SENDER – USE CAUTION** Greetings Board applicants on the Monday 12/13 agenda – Under the current situation the BOA meeting will be Hybrid for Board Members ONLY, meaning we have to have at least 6 Board Members physically present at City Hall - Council Chambers to have a quorum. Any and all public testimony will need to be in-person. Please read this entire e-mail APPLICANTS TO GIVE CASE PRESENTATION • There can only be one applicant that has to be registered to speak (Primary Speaker) and give presentation on case. (There will be a sign-in book as soon as you walk-in to Council Chambers, you will need to sign in and register if you will be presenting) • There could be additional speaker(s) –architect, surveyor, homeowner, etc. that can sign up as …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: December 13, 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); Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 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: 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 ____________________________ for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0057 ___N____Thomas Ates ___Y____Brooke Bailey ___N____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___N____Rahm McDaniel ___Y____Darryl Pruett ___N____Agustina Rodriguez ___-____ Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____ Carrie Waller (Alternate) ___-____ Vacant (Alternate) APPLICANT: Stuart Sampley OWNER: Bryan and Laura Burkhart ADDRESS: 2000 PEACH TREE ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-899 (D) (Fences as Accessory Uses) to exceed the average height of six (6) feet or a maximum height of seven (7) feet (required) for a solid fence along the property line in order to maintain a seven (7) foot (requested) tall masonry, wood, steel fence along Bluebonnet St and Peach Tree Street in a “SF-3”, Single-Family Residence zoning district. Note: The Land Development Code 25-2-899 (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. BOARD’S DECISION: BOA DEC 13, 2021 MEETING The public hearing was closed by Madam Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Deny; Board Member Brooke Bailey seconds on a 7-4 vote (Board members Thomas Ates, Jessica Cohen, Rahm McDaniel, Agustina Rodriguez nay); DENIED. 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 for
CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0101 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Michael Whellan OWNER: 201 E Koenig Ln, LTD. (Donald Reece) ADDRESS: 201 and 403 KOENIG LN/5613 Avenue F (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) 60 feet (requested) b) (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 60 feet (requested) in order to erect a Vertical Mixed-use project with on-site affordable units and one acre of on-site, developed parkland in a “CS-MU-V-CO-NP”, General Commercial Services-Mixed Use-Vertical Mixed Use-Conditional Overlay – Neighborhood Plan zoning district. (North Loop Neighborhood Plan) Note: The Land Development Code Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (C) (3) for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, 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. BOARD’S DECISION: BOA DEC 13, 2021 MEETING Madam Chair Jessica Cohen motions to Postpone the remaining cases to January 10, 2022 at City Hall due to technical difficulties –internet issues; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO JANUARY 10, 2022 DUE TO TECHNICAL DIFFICULTIES- INTERNET ISSUES. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0102 _______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: Team Properties, LLC (Pamela Madere) ADDRESS: 3201 WESTLAKE DR 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 slough in order to remodel an existing Single-Family residence + associated improvements in a “LA”, Lake Austin zoning district. Note: The Land Development Code 25-2-551 (B) This subsection specifies shoreline setbacks in a Lake Austin (LA) district (1) The shoreline setback is: (a) 75 feet BOARD’S DECISION: BOA DEC 13, 2021 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 Diana Ramirez for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0097 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Nathan Hobbs OWNER: Gary J. Hobbs ADDRESS: 4315 AVENUE A VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) Section 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size requirements from 5,750 square feet (required) to 5,700 square feet (requested) and b) Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value from 20% (allowed) to 60% (requested) in order to complete a remodel and addition of an existing home in a “SF-3-NCCD-NP”, Single-Family- Neighborhood Conservation Combining District-Neighborhood Plan zoning district (Hyde Park Neighborhood Plan). BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting); 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; Dec 13, 2021 POSTPONED TO JANUARY 10, 2022 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 for
CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday December 13, 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 ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____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. Dec 13, 2021 Madam Chair Jessica Cohen motions to Postpone the remaining cases to January 10, 2022 at City Hall due to technical difficulties –internet issues; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO JANUARY 10, 2022 DUE TO TECHNICAL DIFFICULTIES-INTERNET ISSUES. 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 for
Joint Meeting of the Board of Adjustment, Planning Commission and Zoning and Platting Commission Monday, November 29, 2021 The Special Called joint meeting of the Board of Adjustment, Planning Commission and Zoning and Planning Commission will convene at 6:00 PM on Monday, November 29, 2021 at Austin City Hall, Council Chambers, Room 1001, 301 W. Second Street, Austin, TX. Some members may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live EXECUTIVE SESSION (No public discussion) The Board of Adjustment, Planning Commission and Zoning and Planning Commission 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 Commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 CITIZEN COMMUNICATION The first four (4) speakers signed up prior to the commencement of the meeting will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda A. DISCUSSION & PRESENTATION 1. Austin City Hall Revised Boards and Commissions Use Policy; Required Relocation of Meetings of the Land Use Boards and Commissions Discussion with staff concerning revised policy use of Austin City Hall, prohibition of Land Use Commissions from utilizing Austin City Hall meeting space, and City management mandate requiring relocation of meetings to the Permitting and Development Center. Staff: Denise Lucas, Director of Development Services, 512- 974-2614, denise.lucas@austintexas.gov, Rosie Truelove, Director of Housing & Planning, 512-974-3064, rosie.truelove@austintexas.gov Andy Moore, Financial Services, 512-974-7604, andrew.moore@austintexas.gov, Rodney Gonzales, Assistant City Manager, 512- 974- 2313, rodney.gonzales@austintexas.gov Liaison for Board of Adjustment: Elaine Ramirez, 512- 974-2202 Liaison for Planning Commission and Zoning and Platting Commission: Andrew Rivera, 512-974-6508 ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Andrew Rivera at the Housing and Planning Department, at 512-974-6508, for additional information; TTY users route through Relay Texas at 711. Liaison for Board of Adjustment: Elaine Ramirez, 512- 974-2202 Liaison for Planning Commission and Zoning and Platting Commission: Andrew Rivera, 512-974-6508 SPEAKER REGISTRATION Click on link below …
TO: M E M O R A N D U M Mayor and Council Chairs of the following Boards, Commissions, and Committees: Zoning and Platting Commission; Planning Commission; Historic Landmark Commission; Board of Adjustment; Environmental Commission; Sign Review Board; Building and Standards Commission; Building and Fire Code Board of Appeals; Code and Ordinances Joint Committee; Design Commission; Electric Board; Mechanical and Plumbing Board; Small Area Planning Joint Committee; Waterfront Planning Advisory Board; and the Urban Forestry Board October 19, 2021 Change of location for land use related Commissions Denise Lucas, Development Services Department Director Rosie Truelove, Housing and Planning Department Director FROM: DATE: SUBJECT: On June 29, 2021, a memo was distributed regarding the opening of the Permitting and Development Center. As indicated within the memo, the PDC brings together resources and expertise from multiple City departments which provide permitting and development services for our community. The new facility is designed to provide a seamless development process, all in one place, for residential and commercial customers and special events permitting. All pertinent department representatives will be co-located at the PDC. As a next step for utilizing the PDC, liaisons to each respective board, commission, and committee will be asked to assist with coordinating the relocation of meetings to the PDC Conference Center, which is a key asset included in the approved design of the PDC. Coordination will include working with each board, commission, and committee to walk through the facility, identify and collaborate to solve for major concerns, and to develop and implement communications plans leading up to and through changes in meeting locations. The Conference Center is 5,000 square feet, will be equipped to televise meetings through ATXN by late February 2022, has sufficient room for 351-person occupancy and the capacity to be separated into small rooms, and has a 969-parking space garage connected to the PDC. Changes in meeting locations will not occur prior to February 2022. Rather, there will be initial discussions and opportunities to visit the PDC so that each respective board, commission, and committee has an opportunity to learn more about the PDC. This change will reduce the reliance on the City Hall Council Chambers and Boards and Commissions Room and reinforces the concept of the PDC serving as the City’s one-stop shop for all development and permitting related needs, which was a key recommendation in the 2015 Zucker Analysis. As with all public meetings, …
ZONING AND PLATTING COMMISSION RECOMMENDATION 20211019-D-01 Date: October 19, 2021 Subject: Future Location of Meetings Motioned By: Commissioner King Seconded By: Commissioner Greenberg Zoning and Platting Commission Meetings shall remain at City Hall, see attachment. For: Chair Barrera-Ramirez Vice-Chair Kiolbassa and Commissioners Acosta, Bray, Denkler, Greenberg, King, Thompson and Woody Recommendation: Vote: 9-0 Abstain: Smith One vacancy on the Commission Attest: Andrew D. Rivera Zoning and Platting Commission Liaison Zoning and Platting Commission Resolution to Continue to Meet at City Hall Whereas, City Hall is a well-known and accessible landmark that is centrally located; Whereas, since the opening of City Hall it has hosted the meetings of the Zoning and Platting Commission; Whereas, City management has decided to move the meetings of the Zoning and Platting Commission, the Planning Commission and the Board of Adjustment to the City of Austin Permitting and Development Center (PDC) at Highland Mall without informing the commission or the public; Whereas, moving the Zoning and Platting Commission public hearings to the PDC places an undue burden on the public, the staff and the commissioners; Whereas, public hearings on zoning and land use cases by the Zoning and Platting Commission and the City Council should be in the same location to avoid confusing the public and the need for multiple notices, especially since members of the public may be unfamiliar with the locations; Whereas, 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; 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; Whereas, the safety and security of participants is paramount and City Hall has metal detectors, security immediately outside the chamber and secure parking; 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; Whereas, City Hall has a dais, computers on the dais, work tables for staff and comfortable, permanent chairs for the public …
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 …
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 BYLAWS OF THE Zoning and Platting Commission ARTICLE 1. NAME. The name of the board is Zoning and Platting Commission ARTICLE 2. PURPOSE AND DUTIES. The purpose of the board is to perform duties relating to land use and development prescribed by Title 25 of the City Code, and other duties as may be assigned by the City Council. ARTICLE 3. MEMBERSHIP. (A) The board is composed of eleven members appointed by the city council. (B) A member serves at the pleasure of the city council. (C) Board members serve for a term of four years beginning March 1st on the year of appointment. (D) An individual board member may not act in an official capacity except through the action of the board. (E) A board member who is absent for three consecutive regular meetings or one-third of all regular meetings in a “rolling” twelve month timeframe automatically vacates the member’s position subject to the holdover provisions in Section 2-1-27 of the City Code. This does not apply to an absence due to illness or injury of the board member, an illness or injury of a board member’s immediate family member, active military service, or the birth or adoption of the board member’s child for 90 days after the event. The board member must notify the staff liaison of the reason for the absence not later than the date of the next regular meeting of the board. Failure to notify the liaison before the next regular meeting of the board will result in an unexcused absence. (F) At each meeting, each board member shall sign an attendance sheet which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign the sheet results in the member being counted as absent and his/her votes are not counted. (G) A member who seeks to resign from the board shall submit a written resignation to the chair of the board, the staff liaison, or the city clerk’s office. If possible, the resignation should allow …
(D) The board shall meet monthly 5:30p.m. on the second Monday of each month at Austin City Hall. In November of each year, the board shall adopt a schedule of the meetings for the upcoming year, including makeup meeting dates for the holidays and cancelled meetings. (E) The chair may call a special meeting, and the chair shall call a special meeting if requested by three or more members. The call shall state the purpose of the meeting. A board may not call a meeting in addition to its regular scheduled meetings as identified in its adopted meeting schedule, more often than once a quarter, unless the meeting is required to comply with a statutory deadline or a deadline established by Council. I (F) Six members constitute a quorum,_however, in order to approve a zoning variance or special exception, or to reverse an administrative decision on appeal, the following rules apply: (i) The affirmative vote of three-fourths of all qualified voting members is required. If all positions have been appointed and no board member is disqualified from voting, the minimum number of votes required is 9 out of 11. (ii) For purposes of calculating a required super-majority, the total number of positions excludes any vacancies (i.e., seats for which no appointment has been made) and members who are legally disqualified from voting on a particular case. For example, if one position is vacant and another position is held by a member who is legally required to recuse herself on a particular matter, then the required super-majority for that case would be 7 votes (i.e., three-fourths of 9, rounded to the nearest whole number). (G) If a quorum for a meeting does not convene within one-half hour of the posted time for the meeting, then the meeting may not be held. (H) To be effective, a board action must be adopted by: (i) an affirmative vote of the number of members necessary to provide a quorum; or (ii) for zoning variances, special exceptions, and administrative appeals, a three-fourths supermajority as determined under Subsection (F) of this article. (I) The chair has the same voting privilege as any other member. (J) The board shall allow citizens to address the board on agenda items, except individual cases under Article 2(A)(l) through (3) and (B)(l) and (2).lf a citizen requests in writing that a matter within the scope of the board's responsibilities other than …
