CITY OF AUSTIN Board of Adjustment Decision Sheet Item-7 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0048 ___-____Thomas Ates OUT ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Ryan Nill ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___-____Michael Von Ohlen OUT ___-____Nicholl Wade OUT ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPLICANT: Rodney Bennett OWNER: Diana Patterson ADDRESS: 2500 SPRING LN 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 construct a ten (10) feet (requested) tall masonry wall/fence along Bowman Avenue in a SF-3-NP”, Single-Family-Neighborhood Plan zoning district (WANG Neighborhood Plan). 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. Homeowner was Granted a fence variance in 2010 from 6 ft. to 8 ft., C15-2010-0034. BOARD’S DECISION: BOA MEETING JULY 11, 2022 POSTPONED TO AUGUST 8, 2022 BY APPLICANT; Aug 8, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Melissa Hawthorne motions to approve with condition that this is tied only to the area highlighted (on Bowman Ave.) as shown in the advance packet drawing Item-7/3, only side of the shopping center; Board member Barbara Mcarthur second on 9-0 vote; GRANTED WITH CONDITION THAT THIS IS TIED ONLY TO THE AREA HIGHLIGHTED (ON BOWMAN AVE.) AS SHOWN IN THE ADVANCE PACKET DRAWING ITEM-7/3, ONLY SIDE OF THE SHOPPING CENTER. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: most residential properties do not adjoin a public Street that has back of shopping center and back end is the delivery portion and truck traffic make it difficult to have a reasonable enjoyment of the property. 2. (a) The hardship for which the variance is requested is unique to the property in that: the obnoxiously loud of semi-trucks making deliveries at all hours of the day make it difficult to deal with commercial delivery and scheduling of dumpster pickup and have enjoyment of the property (b) The hardship is not general to the area in which the property …
CITY OF AUSTIN Board of Adjustment Decision Sheet Item-8 DATE: Monday August 8, 2022 CASE NUMBER: C15-2022-0060 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Ryan Nill _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Victoria Haase OWNER: CMCBH2 Company; LLC ADDRESS: 1609 MATTHEWS LN 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) (B) (1) from setback requirements to decrease the setback from 25 feet (minimum allowed) to 7 feet (requested) on eastern property line and 13 feet (requested) on southern property line b) and 30 feet (maximum allowed) to three (3) stories and 31 feet (requested) in order to erect a three (3) story Multi-Family/Townhouse style building in a “MF-2-CO”, Multi-Family Residence Low Density-Conditional Overlay zoning district. (C) (1) (a) from height limitations to increase the height limit from two (2) stories Note: Section 25-2-1063 Height Limitations and Setbacks for Large Sites (B) in this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property. (1) in an urban family residence (SF-5) or more restrictive zoning district; (C) The height limitations for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from property: (a) in an SF-5 or more restrictive zoning district; BOARD’S DECISION: July 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Barbara Mcarthur motions to postpone to August 8, 2022; Board member Nicholl Wade seconds on a 11-0 vote; POSTPONED TO AUGUST 8, 2022; Aug 8, 2022 POSTPONED TO SEPTEMBER 12, 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 …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, AUGUST 8, 2022 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 8, 2022, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:33 p.m. Board Members/Commissioners in Attendance: Jessica Cohen – Chair, Brooke Bailey, Ryan Nill, Agustina Rodriguez, Richard Smith Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Barbara Mcarthur, Darryl Pruett, Marcel Gutierrez-Garza (Alternate) PUBLIC COMMUNICATION: GENERAL None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on July 11, 2022 and Board of Adjustment Special called meeting on July 13, 2022. On-Line Link: Draft minutes July 11, 2022 The minutes from the meeting of (7/11/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (8-0-1) vote. (Board member Richard Smith abstained) On-Line Link: Draft minutes July 13, 2022 The minutes from the Special called meeting of (7/13/2022) were approved on Melissa Hawthorne’s motion, Chair Jessica Cohen second on a (7-0-2) vote. (Board members Melissa Hawthorne and Barbara Mcarthur abstained) PUBLIC HEARINGS 2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda. Requesting postponement by applicant for Item 8 to September 12, 2022. Chair Jessica Cohen motions to approve the postponement requests (by applicant) for Item 8 to September 12, 2022, Board member Brooke Bailey second on 9-0 vote, ITEM 8 POSTPONED TO SEPTEMBER 12, 2022 Previous Postponements Sign cases: 3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB On-Line Link: Item 3 PART1; PART2; PART3; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square feet (requested) and b) (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office-Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not …
INTERPRETATION APPEAL REVIEW COVERSHEET CASE: C15-2022-0051 BOA DATE: July 13th, 2022 ADDRESS: 5900 Westminster Dr OWNER: TDC Griffin Windsor LLC COUNCIL DISTRICT: 4 APPELLANT: Larry Abraham ZONING: GR-V-CO-NP (Windsor Park) LEGAL DESCRIPTION: LOT 2 BLK C GASTON PLACE RESUB OF BLK C THE Appellant Interpretation: the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 SUMMARY: approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development ISSUES: VMU is not being applied equitably on the Windsor Village Site Plan. ZONING LAND USES GR-V-CO-NP Site North GR-MU-CO-NP South LO-MU-CO-NP; SF-3-NP East West SF-3-NP P-NP Community Commercial-Vertical Mixed Use Community Commercial-Vertical Mixed Use Limited Office; Single-Family Single-Family Public NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition Friends of Austin Neighborhoods Friends of Northeast Austin Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin Responsible Growth for Windsor Park SELTexas Sierra Club, Austin Regional Group Windsor Park Neighborhood Association Windsor Park Neighborhood Plan Contact Team Windsor Park-Pecan Springs Heritage NA A-1/1 CITY OF AUSTIN Development Services Department One Texas Center | Phone: 512.978.4000 505 Barton Springs Road, Austin, Texas 78704 Board of Adjustment Interpretations Application Appeal of an Administrative Decision AMENDED This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ C15-2022-0051 12938545 0222170914 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ I/We ________________________________________________ on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month , Day , Year , hereby apply for an interpretation hearing before the Board of Adjustment. City of Austin | Board …
AGENDA BOARD OF ADJUSTMENT Special Called Meeting July 13, 2022 at 5:00PM 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 Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Tuesday, July 12, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Ryan Nill 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 ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) CALL TO ORDER A. INTERPRETATION NEW PUBLIC HEARINGS A-1 C15-2022-0051 Stuart Hersh (Appellant) TDC Griffin Windsor Owner, LLC 5900 Westminster Drive On-Line Link: Item A-1 The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: • • Article 2 – Site Development Standards • • • Article 3 – Building Design Standards • Article …
July 1, 2022 Lawrence D. Abraham (for Austin Mennonite Church) 5900 Westminster Dr Austin TX, 78723 Property Description: LOT 2 BLK C GASTON PLACE RESUB OF BLK C THE Re: C15-2022-0051 Dear Lawrence, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider an appeal of an administrative decision at 5900 Westminster Drive. 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. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
To: Chair Cohen Board of Adjustment Members From: Brent D. Lloyd Development Officer, DSD Date: July 8, 2022 Subject: Windsor Village Site Plan (Case No. Case No. SP-2020-093520) Appeal of Staff Interpretation of Subchapter E Requirements ________________________________________________________________________________________ The matter before the Board of Adjustment (“BOA”) is an administrative appeal of a decision by the Development Services Department (“DSD”) to approve the Windsor Village Site Plan (Case No. SP-2020- 093520), which Appellants contend is inconsistent with applicable zoning regulations. In particular, the issue of code interpretation before the Board is whether the site plan application complies with the requirements of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code (“LDC”). To assist the Board in understanding the issues, this report is laid out as follows: (1) General background on the development, at pp. 1-2; (2) Procedural requirements for the appeal, at p.2; (3) A summary of the issues before the Board, at pp. 2-3; and (4) DSD’s response to the issues raised by Appellants, at pp. 3-6. 1. Summary of Site Plan Application Subchapter E authorizes the construction of Vertical Mixed Use (“VMU”) development to facilitate a mix of commercial and residential uses on properties with “V” zoning. The site plan approval at issue in this is appeal is for a VMU development located at 5900 Westminster Drive, which is located in the University Hills/Windsor Park Neighborhood Plan between Westminster Drive and Berkman Drive. (For reference, a location map of the site is provided on the following page.) The site plan application consists of three VMU buildings located on Lot 1 and a 1.17-acre park dedicated to the City of Austin on Lot 3, with Westminster Drive serving as the principal street frontage for the development. Lots 2 and 4 are not proposed for development as part of this application. Building A is a 261,842 square foot building comprised of multi-family residential and retail. Building B is a 78,223 square foot building comprised of multi-family residential. Building B is connected to Building A via a structural awning and is therefore considered one structure. Building C is a 43,200 square foot building comprised of multi-family residential, personal services, and retail. 1 A-1/1-Staff report 2. Procedural Requirements for Appeal Appellants own the property located at 5801 Westminster Drive, which is occupied by Austin Mennonite Church and located within 200 feet of the development at issue. They filed their …
Windsor Village: Appeal of Interpretation Board of Adjustment – Item A-1 July 13, 2022 1 A-1/1-PRESENTATION (PH) Project Details • Address: 5900 Westminster Drive • Project Area: 4.97 acres • Required Parkland Dedication: 1.17 acres • Zoning: GR-V-CO-NP • Affordable Housing: SMART Housing and VMU Certified • SDP Submittal: June 24, 2020 (SP-2020-0257C.SH) • SDP Approval: May 2, 2022 2 A-1/2-PRESENTATION (PH) 3 A-1/3-PRESENTATION (PH) Appeal of Interpretation Subchapter E §1.1.5: To provide for and encourage development and redevelopment contains a compatible mix of residential and nonresidential uses than within close proximity to each other, separating uses. rather that Response: Public parkland and east-west connection dedicated during SDP process. Project buildings situated to line and complement new park space. 4 A-1/4-PRESENTATION (PH) Parkland Exhibit 5 A-1/5-PRESENTATION (PH) Appeal of Interpretation Subchapter E §2.1.7: Ensure that building entranceways are convenient to and easily accessible from the roadside pedestrian and bicycle system. Response: Commercial building entrances are located along Westminster Drive and pedestrian pathway along required parkland. 6 A-1/6-PRESENTATION (PH) Building Entrances Exhibit 7 A-1/7-PRESENTATION (PH) Appeal of Interpretation Subchapter E §2.1.10: Ensure that large sites are developed in a manner that supports and encourages connectivity and creates a cohesive visual identity and attractive street scene. In addition to parkland trail easements, Response: public pathways from Westminster Drive to Berkman Drive and improved sidewalks along Westminster Drive with street trees will be provided. A walkway along the north side connecting Westminster to Berkman is proposed as part of a future phase of the development. 8 A-1/8-PRESENTATION (PH) Appeal of Interpretation Subchapter E §3.1.3: Ensure that buildings contribute to the creation of a pedestrian-friendly environment through the provision of glazing, shading, and shelter at the pedestrian level. Response: Street trees on Westminster and shade elements at building entrances proposed. Pedestrian walkways through new park provide connectivity to commercial spaces. 9 A-1/9-PRESENTATION (PH) Trees Exhibit 10 A-1/10-PRESENTATION (PH) Appeal of Interpretation Subchapter E §4.3.3: Mix of Uses. A use on the ground floor must be different from a use on an upper floor. The second floor may be designed to have the same use as the ground floor so long as there is at least one more floor above the second floor that has a different use from the first two floors. At least one of the floors shall contain residential dwelling units. Pedestrian-Oriented Commercial Spaces. Along at least 75 percent of the building …
Ricardo Villalobos Ramirez, Elaine From: To: Cc: Subject: Date: C15-2022-0051 - Notice of Public Hearing Appeal Friday, July 01, 2022 3:59:18 PM *** External Email - Exercise Caution *** Good afternoon Elaine, My name is Ricardo Villalobos, P.E. and I am a resident in the Windsor Park Neighborhood. Copied on this email is my husband, Clayton Robbins, who also shares my views on this hearing as stated below. Our address is 2005 Northridge Dr, Austin, TX 78723 and we reside within 500 ft of the proposed development at 5900 Westminster Drive. We received a Notice of Public Hearing Land Development Code Variance - Interpretation Appeal and we wanted to submit our comments to the board. We have been following the proposed development of the 5900 Westminster Drive property and have been seeing a concerning chain of events. We would like to raise two comments of concern on the development and object to the current site plan application as follows: Item one, the first iteration of the design started with a 12+ acre development plan. The developer has now split the property into a number of smaller lots for the purposes of curtailing the requirements of the LDC to perform proper reviews and designs, meeting the needs of a large phased development. For instance, Section 2.2.5 of the LDC requires an Internal Circulation Route (ICR) for development of a site five acres or larger with frontage on a core transit corridor or urban roadway. If the developer intends to develop the entirety of the 12+ acre land, the site plan should follow all of the requirements of a master plan in a phased approach, not as less-than-5 acre individual site plans. The second item of concern is that the zoning requirements are also being skirted. First off, the zoning as shown on the plans is GR-V-CO-NP (a community commercial zone with vertical mixed use, following the neighborhood plan combining district) Vertical mixed use allows for inclusion of residential and commercial space combined. However, 49,980 SF of commercial space will be demolished and according to the C200 sheet of the Civil and Environmental Consultants, Inc. (CEC) reviewed by Jaime Cardenas on April 18, 2022, no replacement of commercial space has been designed in. I believe the removal of that amount of commercial property defies the overall intent of the community commercial zoning requirements. It has been over a year now that all …
Amanda Swor direct dial: (512) 807-2904 Board of Adjustment City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 July 11, 2022 Via Electronic Delivery Appeal Response: Windsor Village – Response to the Appeal of Interpretation filed for Re: the site development permit application for Windsor Village, the 4.97-acre and 1.17-acre pieces of property located at 5900 Westminster Drive in the City of Austin, Travis County, Texas (the “Property”). Chair Cohen and Board Members: As representatives of the owners of the Property, we respectfully submit the below and enclosed correspondence to the Appeal of Interpretation, case number C15-2022-0051, associated with site development permit for Windsor Village, case number SP-2020-0257C.SH (the “Project”). The Property owners have been working with City staff for over two years on the site development permit for this project. The Site Development Permit was issued from the City of Austin for the project on May 2, 2022. Subsequently the Austin Mennonite Church (the “Appellant”) filed an appeal on May 19, 2022 to specific staff interpretations associated with the Site Development Permit. The below information is intended to provide additional information for the items that were specifically appealed by the appealing party. 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map. a. Subchapter E §1.1.5: To provide for and encourage development and redevelopment that contains a compatible mix of residential and nonresidential uses within close proximity to each other, rather than separating uses. Appellant Argument: The project “does not relate well to adjoining public streets, open spaces or the neighborhood.” 2607 Bee Caves Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com A-1/1-PERMIT HOLDER RESPONSE P a g e | 2 • Response: The Project is dedicating public parkland to the City of Austin as part of the Site Development Permit review process. The Property Owner worked extensively with the Austin Parks and Recreation Department to determine the size, location and park program elements associated with the required parkland. The land dedicated provides both an east-west connection on the south side of the project as well as a destination along the southeastern portion of the Property. The vast majority of the parkland is situated along Westminster Drive, providing a community space across the street from the existing Austin Public library. Additionally, the buildings for the Project were situated to front and complement the new public …
CITY OF AUSTIN Board of Adjustment Decision Sheet Interpretation A-1 DATE: July 13, 2022 CASE NUMBER: C15-2022-0051 ___Y____Thomas Ates ___N____Brooke Bailey ___N____Jessica Cohen ___R____Melissa Hawthorne RECUSED ___-____Barbara Mcarthur OUT ___N____Ryan Nill ___-____Darryl Pruett OUT ___Y____Agustina Rodriguez ___N____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPELLANT: Stuart Hersh OWNER: TDC Griffin Windsor Owner, LLC ADDRESS: 5900 WESTMINSTER DR VARIANCE REQUESTED: The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: Article 1 – General Provisions • 1.1 General Intent • 1.5 Alternative Equivalent Compliance Article 2 – Site Development Standards 3.1 Intent 2.1 Intent 2.2 Relationship of Buildings to Streets and Walkways 2.8 Shade and Shelter • • • Article 3 – Building Design Standards • Article 4 – Mixed Use • 4.1 Intent and • 4.3 Vertical Mixed Use Buildings BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to deny the appeal request and uphold City staff’s interpretation; Board member Marcel Gutierrez-Garza seconds on a 7-4 vote (Board members Brooke Bailey, Jessica Cohen, Ryan Nill, Richard Smith nay, Melissa Hawthorne recused); APPEAL DENIED-UPHELD STAFF’S INTERPRETATION. FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the objectives of the zone in question because: 3. The interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated in that: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
AGENDA MEETING MINUTES July 13, 2022 The Board of Adjustment -Special called meeting convened on Wednesday, July 13, 2022. 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. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:15 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Ryan Nill, Richard Smith, Michael Von Ohlen, Kelly Blume (Alternate), Marcel Gutierrez- Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Agustina Rodriguez, Nicholl Wade, Carrie Waller (Alternate) Board Members Absent: Melissa Hawthorne (Vice Chair) Recused, Barbara Mcarthur, Darryl Pruett City Staff in Attendance: Elaine Ramirez (Board Liaison), Chad Shaw (Board Attorney) and 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 CALL TO ORDER A. INTERPRETATION NEW PUBLIC HEARINGS A-1 C15-2022-0051 Stuart Hersh (Appellant) TDC Griffin Windsor Owner, LLC 5900 Westminster Drive On-Line Link: Item A-1 Article 1 – General Provisions 1.1 General Intent 1.5 Alternative Equivalent Compliance The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: Article 2 – Site Development Standards Article 3 – Building Design Standards Article 4 – Mixed Use 4.1 Intent and 4.3 Vertical Mixed Use Buildings The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von …
AGENDA MEETING MINUTES June 13, 2022 The Board of Adjustment meeting convened on Monday, June 13, 2022. 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. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:36 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Agustina Rodriguez, Brooke Bailey, Richard Smith, Michael Von Ohlen Board Members in Attendance (virtually via teleconference): Thomas Ates, Barbara Mcarthur, Darryl Pruett, Nicholl Wade, Kelly Blume (Alternate), Carrie Waller (Alternate) Board Members Absent: Melissa Hawthorne (Vice Chair) City Staff in Attendance: Elaine Ramirez (Board Liaison), Erika Lopez (Board Attorney) and 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 PUBLIC 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 May 9, 2022 draft minutes A-1 On-Line Link: Item A-1 draft minutes B. C. Board Member Michael Von Ohlen motions to approve the minutes for May 9, 2022, Board member Agustina Rodriguez seconds on a 11-0 votes; APPROVED MINUTES FOR MAY 9, 2022. DISCUSSION AND REQUESTED ACTION ITEM B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Requesting postponement/withdrawal by applicant/neighborhood/staff for Item C-1, AE Denial, Item D-1 postponed to 7-11 by applicant, Item G-1 withdrawn by applicant. For Items C-1 and G-1: Board member Michael Von Ohlen motions to approve the Postponement/withdrawal requests for Item C-1 postpone to July 11, 2022 and G-1 to withdraw, Board member Brooke Bailey seconds on an 11-0 vote, ITEMS C-1 POSTPONED TO JULY 11, 2022 AND G-1 WITHDRAWN. For Item D-1: Board member Michael Von Ohlen motions to approve the postponement requests for Item D-1 to July 11, 2022, Board member Agustina Rodriguez seconds on a 11-0 vote; ITEM D-1 …
CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: June 13, 2022 CASE NUMBER: C16-2022-0001 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne OUT _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Esteban Arrieta OWNER: Eames Gilmore ADDRESS: 10107 RESEARCH BLVD SVRD VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height of 35 feet (maximum allowed) to 45 feet (requested) in order to complete signage for Target store in a “NBG-NP”, North Burnet Gateway-Neighborhood Plan zoning district. (Gateway Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (3) The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. BOARD’S DECISION: POSTPONED TO MARCH 14, 2022 (AE DENIAL); March 14, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Darryl Pruett motions to postpone to April 11, 2022; Board Member Melissa Hawthorne seconds on a 10-0 vote; POSTPONED TO APRIL 11, 2022. April 11, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board Member Melissa Hawthorne motions to postpone to May 9, 2022; Board Member Richard Smith seconds on a 11-0 vote; POSTPONED TO MAY 9, 2022. May 9, 2022 POSTPONED TO JUNE 13, 2022 BY APPLICANT; June 13, 2022 POSTPONED TO JULY 11, 2022 AS PER APPLICANT’S REQUEST C-1/1 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 ____________________________ forC-1/2 CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: May 9, 2022 CASE NUMBER: C16-2022-0001 …
CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: June 13, 2022 CASE NUMBER: C16-2022-0004 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne OUT _______Barbara Mcarthur _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) OWNER/APPLICANT: Apple Tree Holdings LLC-Tony Nguyen ADDRESS: 4507 IH 35 SVRD NB VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): (B) (2) (b) (i) to exceed sign area of 107 square feet (maximum allowed) to 200 square a) feet (requested) and (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 50 feet (requested) in b) order to provide signage for a multi-tenant professional office in a “LO-NP”, Limited Office- Neighborhood Plan zoning district. (Upper Boggy Creek Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-123 Expressway Corridor Sign Regulations (B) This subsection prescribes regulations for freestanding signs. (1) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (2) The sign area may not exceed: (a)on a lot with not more than 86 linear feet of street frontage, 60 square feet; or (b) on a lot width more than 86 linear feet of street frontage, the lesser of: (i) 0.7 square feet for each linear foot of street frontage; or (ii) 300 square feet. (B) This subsection prescribes regulations for freestanding signs. (3)The sign height may not exceed the greater of: (a) 35 feet above frontage street pavement grade; or (b) 20 feet above grade at the base of the sign. C-2/1 BOARD’S DECISION: BOA MEETING JUNE 13, 2022 POSTPONED TO JULY 11, 2022 (AE DENIAL) 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: FINDING: because: OR, OR, AND, ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica …
C-2/138 C-2/139 From: To: Subject: Date: Jen Reed Ramirez, Elaine Case #C16-2022-0004 Thursday, June 09, 2022 1:17:58 PM *** External Email - Exercise Caution *** We live in the Delwood 2 neighborhood at 1300 Bentwood Road. We are writing to share that we do NOT support the code variance request made by Apple Tree Holdings. We appreciate your consideration in the matter and thank you for all you do. Ms. Ramirez, Sincerely, Jen Reed & Pam Greenstone 1300 Bentwood Road 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. C-2/140 C-2/141 Written comments must be submitted to the contact erson listed on the notice efore 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number; and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: C16-2022-0004 Contact: Elaine Ramirez; elaine.ramirez@austintexas.gov Public Hearin : Si n Review Board; June 13th, 2022 Your Name (please print) D I am in favor DI object Your address(es) affected by this application Signature Date Daytime Telephone: ____________ _ Comments:. ______________________ _ If you will be using this forin to comment, please return it via e-mail to: Elaine Ramirez; 512-974-2202 Scan & Email to: Elaine.Ramirez@austintexas.gov C-2/142 From: To: Subject: Date: Karen Brinkman Ramirez, Elaine Objection to Signage Variance Request - Case Number C16-2022-0004 Sunday, June 12, 2022 4:35:13 PM *** External Email - Exercise Caution *** Dear Ms. Ramirez: My name is Karen Brinkman and I am submitting these comments as representative from the Delwood II Neighborhood Association and hope to speak at the Sign Review Board on Monday, June 13,2022. On behalf of the neighborhood association, we oppose the request for the size and height variance requested for the proposed sign at 4507 N IH-35 for the reasons stated below. Case Number C16-2022-0004 I am Karen Brinkman and I represent the Delwood II Neighborhood Association. We are pleased with the changes that the new property owner has made to the site and see …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0048 BOA DATE: July 11th, 2022 COUNCIL DISTRICT: 10 AGENT: Rodney Bennett ADDRESS: 2500 Spring Ln OWNER: Diana Patterson ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: S 85 FT OF LOT 10 FOX SCHMIDT SUBD VARIANCE REQUEST: construct a ten (10) foot tall masonry wall/fence along Bowman Avenue SUMMARY: erect a masonry wall/fence ISSUES: loud and odorous semi-trucks, closeness of shopping center to the home ZONING LAND USES Site North South CS East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family General Commercial Services Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Save Historic Muny District Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group D-1/1 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone: 512.978.4000 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ 0117040212 C15-2022-0048 12930133 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ Council District: 10 (WANG) I/We ________________________________________________ on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month , Day , Year , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ Type of Structure: ______________________________________________________________ 10' TALL City of Austin | Board of Adjustment General/Parking Variance Application 06/24/2021 | Page 4 of …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0056 BOA DATE: July 11th, 2022 ADDRESS: 1305 Singleton Ave OWNER: Hal Wuertz COUNCIL DISTRICT: 1 AGENT: Daniel Fields ZONING: SF-3-NP (Chestnut) LEGAL DESCRIPTION: LOT 9 BLK 18 OLT 32&33 DIV B GLENWOOD ADDN VARIANCE REQUEST: a) decrease the minimum rear yard setback from 10 feet to 5 feet b) Two-Family Residential use location at least 10 feet to the rear or side of the principal structure (required) to a Two-Family use location at to the front of the principal structure (requested) SUMMARY: change use of primary structure to a two-family residential and erect a primary single residence to the rear ISSUES: preserve the existing 728 sq. ft. house 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 Chestnut Addition Neighborhood Assn. (C.A.N.A.) Chestnut Neighborhood Plan Contact Team Chestnut Neighborhood Revitalization Corporation (CNRC) Del Valle Community Coalition East Austin Conservancy Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group D-2/1 Board of Adjustment General/Parking Variance Application - - - For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 1305 Singleton, Austin TX 78702 ____________________________________________________________________________ LOT 9 BLK 18 OLT 32&33 DIV B GLENWOOD ADDN ____________________________________________________________________________ _________________________________ 9 _____________________________ 18 _________________________________ 32&33 _____________________________ B ___________________________________________________________________ SF-3-NP ________________________________________________ DANIEL FIELDS ________________________________________________ HALLEY WUERTZ & DANIEL FIELDS May 26 2022 ______________________________________________________________ ____________ | Board of Adjustment General/Parking Variance Application | Page 4 of 8 D-2/2 ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 25-2-492 “MINIMUM SETBACK: REAR YARD: SF3: 10” Section 2: Variance Findings ____________________________________________________________________________ (1) A NEW HOUSE AND ADU WOULD REQUIRE THE DEMOLITION OF THE EXISTING 1953 ____________________________________________________________________________ COTTAGE, CONTRIBUTING TO THE EROSION OF SCALE AND CHARACTER THAT IS ____________________________________________________________________________ REPRESENTATIVE OF SMALL MID AND EARLY 1900s COTTAGES OF THE CHESTNUT ____________________________________________________________________________ NEIGHBORHOOD. (2) A SECONDARY UNIT (PERMITTED ONLY ON THE SIDE OR REAR OF PRIMARY UNIT) ONLY ALLOWS .15FAR (IN THIS CASE 900 SF), THUS LIMITING THE ____________________________________________________________________________ TOTAL AMOUNT OF DEVELOPMENT POSSIBLE IN ORDER TO PRESERVE THE EXISTING ____________________________________________________________________________ COTTAGE AT STREET-FRONT ____________________________________________________________________________ a) b) ____________________________________________________________________________ THE PROPERTY INCLUDES AN ORIGINAL HOUSE, REFINISHED 2012, THAT TYPIFIES ____________________________________________________________________________ THE CHARACTER OF THE AREA, AND IS WORTH PRESERVING PER THE CHESTNUT ____________________________________________________________________________ NEIGHBORHOOD …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0057 BOA DATE: July 11th, 2022 ADDRESS: 8114 Cache Dr OWNER: Aaron Seifert COUNCIL DISTRICT: 8 AGENT: N/A ZONING: SF-3 LEGAL DESCRIPTION: LOT 8 BLK HH MAPLE RUN SEC 5-A VARIANCE REQUEST: decrease the minimum street side yard setback from 15 feet to 5 feet ZONING LAND USES SUMMARY: complete an accessory structure/shed ISSUES: 40 ft. easement in rear, tree with critical root zone Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Circle C Neighborhood Assn. Deer Park Owners Association, Inc. Friends of Austin Neighborhoods Homeless Neighborhood Association Maple Run-Wheeler Creek-Woodstone Village-Twin Creeks Neighborhood Empowerment Foundation Oak Hill Association of Neighborhoods (OHAN) Onion Creek HOA Palomino Park HOA Preservation Austin SELTexas Save Barton Creek Assn. Save Our Springs Alliance Sierra Club, Austin Regional Group South Austin Neighborhood Alliance (SANA) BCP Travis County Natural Resources TNR D-3/1 CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, Section 1: Applicant Statement 8114 Cache Drive Austin TX 78749 MAPLE RUN SECTION FIVE-A. BOOK 84, PAGES 12D- !3A, 8 N/A Residential Aaron Seifert HH N/A 8114 Cache Drive June 3 2022 Accessory Structure/Shed D-3/2 Portion of the City of Austin Land Development Code applicant is seeking a variance from: I am seeking a variance from the Land Development Code, Section 25-2-492 (Site ____________________________________________________________________________ Development Regulations) from setback requirements to decrease the minimum street side ____________________________________________________________________________ yard setback from 15 feet (required) to 5 feet (requested) in order to complete a Shed in a SF-2 ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0058 BOA DATE: July 11th, 2022 COUNCIL DISTRICT: 9 AGENT: Ada Corral ADDRESS: 2202 Longview St OWNER: Elizabeth Schaub ZONING: SF-3-CO-NP (West University) LEGAL DESCRIPTION: N 90 FT OF LOT 1 BLK B OLT 29 DIV D LAWLESS VARIANCE REQUEST: a) decrease the minimum rear yard setback from 10 feet to 5 feet for existing non- complying primary structure b) decrease the minimum front yard setback from 25 feet to 16 feet and decrease the minimum rear yard setback from 10 feet to 5 feet SUMMARY: erect accessory structure ISSUES: 2202 Longview St is a replatted lot, subdivided from a standard lot size; 23” diameter Live Oak tree ZONING LAND USES Site North South East West SF-3-CO-NP SF-3-CO-NP SF-4A-CO-NP SF-3-CO-NP SF-3-CO-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 CANPAC Caswell Heights Neighborhood Association Central Austin Community Development Corporation Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Original West University Neigh Assoc. (The) Preservation Austin SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group University Area Partners West Campus Neighborhood Association D-4/1 CITY OF AUSTIN Development Services Department Permitting & Development Center Phone: 512.978.4000 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ 0113000351 12951163 C15-2022-0058 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ (West University) Council District: 9 I/We ________________________________________________ on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month , Day , Year , hereby apply for …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0059 BOA DATE: July 11th, 2022 ADDRESS: 1703 Cedar Bend Dr OWNER: Gregory A Okorn COUNCIL DISTRICT: 7 AGENT: Christina Contros ZONING: RR LEGAL DESCRIPTION: LOT 2 *RESUB OF TRT 2 TANGLEWILD ESTATES VARIANCE REQUEST: a) decrease the minimum lot size of 43,564 square feet to 19,934 square feet b) decrease the minimum front yard setback from 40 feet to 19 feet 5 inches c) increase impervious coverage from 25% (maximum allowed) to 34.5% SUMMARY: erect a single-story addition to a Single-Family residence ZONING LAND USES ISSUES: substandard lot Site North South East West RR SF-6-CO SF-2 RR RR Rural Residential Single-Family Single-Family Rural Residential Rural Residential NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Growth Corridor Alliance SELTexas Sierra Club, Austin Regional Group D-5/1 C15-2022-0059 12951461 0258180502 Council District: 7 D-5/2 D-5/3 D-5/4 D-5/5 D-5/6 D-5/7 D-5/8 D-5/9 D-5/10 D-5/11 D-5/12 D-5/13 D-5/14 D-5/15 D-5/16 D-5/17 D-5/18 D-5/19 D-5/20 D-5/21 D-5/22 D-5/23 D-5/24 D-5/25 D-5/26 D-5/27 D-5/28
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0060 BOA DATE: July 11th, 2022 ADDRESS: 1609 Matthews Ln OWNER: CMCBH2 Company LLC COUNCIL DISTRICT: 5 AGENT: Victoria Haase ZONING: MF-2-CO LEGAL DESCRIPTION: LOT 1 RESUB OF PT OF LOT 1 FITZHUGH J G & HENRY SUBD VARIANCE REQUEST: a) decrease the setback from 25 feet to 7 feet on eastern property line and 13 feet on southern property line b) increase the height limit from two (2) stories and 30 feet to three (3) stories and 31 feet SUMMARY: erect multi-family/townhouse dwelling units ISSUES: heritage trees, critical water quality zone and public utility easements ZONING Site North South East West MF-2-CO SF-6-CO; CS DR SF-2 MF-2 LAND USES Multi-Family Single-Family; Commercial Services Development Reserve Single-Family Multi-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Go Austin Vamos Austin 78745 Homeless Neighborhood Association Matthews Lane Neighborhood Assn. Neighborhood Empowerment Foundation Onion Creek HOA Preservation Austin SELTexas Sierra Club, Austin Regional Group South Austin Neighborhood Alliance (SANA) D-6/1 CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, Section 1: Applicant Statement 1609 Matthews Lane, Austin, TX 78745 LOT 1 RESUB OF PT OF LOT 1 FITZHUGH J G & HENRY SUBD NW 11.99FT AV OF LOT 2 RESUB OF PT LT 1 FITZHUGH J G & HENRY SUBD AND MF-2-CO Thrower Design, LLC CMCBH2 COMPANY LLC May 12 2022 Mulifamily/townhouse form dwelling units D-6/2 Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: the …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0061 BOA DATE: July 11th, 2022 ADDRESS: 1401 E. 3rd St OWNER: Cortlandt Chalfant COUNCIL DISTRICT: 3 AGENT: Nikelle Meade ZONING: SF-3-NP LEGAL DESCRIPTION: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O VARIANCE REQUEST: reduce interior side setback from 5 ft. to 2.77 ft. SUMMARY: complete construction of a Single-Family residence ISSUES: layout error during construction ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-H-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 Barrio Unido Neighborhood Assn. Bike Austin Capital Metro Del Valle Community Coalition East Austin Conservancy East Cesar Chavez Neighborhood Association East Cesar Chavez Neighborhood Plan Contact Team 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-7/1 C15-2022-0061 12953473 0204061201 Council District: 3 D-7/2 D-7/3 ____________________________________________________________________________ Allowing the existing structure to remain will not alter the character of the area, impair the use of ____________________________________________________________________________ the adjacent conforming property, or impair the purpose of the regulations because it is ___________________________________________ _____________________ common for structures to be placed in setbacks in this neighborhood because of discrepancies ____________________________________________________________________________ and errors in the original surveying and lot creation. ____________________________________________________________________________ ____________________________________________________________________________ - - 1. 2. 3. 4. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ | Board of Adjustment General/Parking Variance Application | Page 6 of 8 D-7/4 D-7/5 D-7/6 3 4 L14 T. S Outlot 19 3 1 1 L23 3 1 L 3 1 3 2 0 4 3 2 T. S 2 1 L 3 1 R E L L A W 1 1 L 0 3 3 1 0 L10 9 2 3 6 8 2 3 3 5 EAST T. N S NIO O 7 2 L T. S 4 1 Subject Tract L15 3RD ST. 8 1 L 3 3 0 L24 4 2 C A Y A T T A 2 2 L 3 3 7 A T O S A V A N 6 2 L 3 0 9 L9 L8 2 8 4 2 3 L28 L25 Outlot 20 EAST 2ND ST. Division "O" Formerly: EAST 1ST ST 7 L7 2 4 0 3 …
BOA GENERAL REVIEW COVERSHEET RE-NOTIFICATION CASE: C15-2020-0038 BOA DATE: July 11th, 2022 COUNCIL DISTRICT: 10 AGENT: Jim Wittliff ADDRESS: 1409 Possum Trot OWNER: Amir Kalantari ZONING: SF-3-NP (WANG Neighborhood Plan) LEGAL DESCRIPTION: W 91.2 FT OF LOT 5 & NW 20X90 AV OF LOT 6 BLK 6 WESTFIELD A VARIANCE REQUEST: decrease rear setback from 10 ft. to 5 ft. SUMMARY: maintain a duplex ISSUES: property has 3 units that was built in 1942 in an SF-3 zoning district ZONING LAND USES Site SF-3-NP North MF-3-NP South SF-3-NP East MF-3-NP SF-3-NP West Single-Family Multi-Family Single-Family Multi-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Preservation Austin SELTexas Save Barton Creek Assn. Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources Tarrytown Alliance Tarrytown Neighborhood Association West Austin Neighborhood Group E-1/1 CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: Monday July 12, 2021 CASE NUMBER: C15-2020-0038 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel (OUT) _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith (OUT) _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Jim Wittliff OWNER: Braden Crockett ADDRESS: 1409 POSSUM TROT 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 rear yard setback from 10 feet (required) to 5 feet (requested) in order to maintain an existing Duplex in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (West Austin Neighborhood Plan). BOARD’S DECISION: July 12, 2021 POSTPONED TO JAN 10, 2022 -AE DENIAL; POSTPONED INDEF DUE TO AE ISSUES 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: FINDING: 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 Diana Ramirez for ____________________________ Jessica Cohen Chair E-1/2 BOA GENERAL …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0002 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne OUT ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Rao Vasamsetti OWNER: 5413 Guadalupe LLC ADDRESS: 5413 GUADALUPE STREET 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 Interior Side Yard Setback from 5 feet (required) to 4 feet (requested), in order to erect a three story condominium in a “MF-4-CO-NP”, Multi-Family-Conditional Overlay-Neighborhood Plan zoning district (North Loop Neighborhood Plan). BOARD’S DECISION: BOA MEETING JUNE 13, 2022 APPLICANT NO SHOW - The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on a 11-0, vote; POSTPONED TO JULY 11, 2022. 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 Madam Chair forE-2/2 From: To: Subject: Date: Attachments: Ramirez, Elaine RE: C15-2022-0002 / 5413 Guadalupe St Thursday, June 23, 2022 1:04:21 PM image002.png image003.png *** External Email - Exercise Caution *** We have paid the fee, but still need postponement to August agenda. Hi Elaine, Thank you Rao Vasamsetti, P.E. President RCE_logo1_mail2 Ph:210-549-7557 Mob:832-620-0719 email: r From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Thursday, June 23, 2022 12:57 PM Subject: RE: C15-2022-0002 / 5413 Guadalupe St Rao, Will you be requesting a PostPonement? Please see my response below from this morning and let me know as soon as possible if you will be requesting a PostPonement? Or moving forward with the case for the July 11 mtg? Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, …
CITY OF AUSTIN Board of Adjustment Decision Sheet G-3 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0043 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne OUT ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH 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 rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan zoning district (Hancock Neighborhood Plan) BOARD’S DECISION: BOA MEETING MAY 9, 2022 POSTPONED TO JUNE 13, 2022 BY STAFF (AE DENIAL) AND THE NEIGHBORS ALSO REQUESTED A POSTPONEMENT UNTIL THEY SPEAK WITH THE APPLICANT; June 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to postponed to July 11, 2022; Board member Brooke Bailey seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. 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-3/1 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 Madam Chair forE-3/2 CITY OF AUSTIN Board of Adjustment Decision Sheet F-3 DATE: Monday May 09, 2022 CASE NUMBER: C15-2022-0043 _______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) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Lisa Gray OWNER: Red Door LLC ADDRESS: 509 E 38TH 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 rear yard setback from 10 feet (required) to 9 feet (requested) in order to maintain an existing Single-Family residence in a “SF-3-CO-NP”, Single-Family-Conditional Overlay-Neighborhood Plan …
E-3/22 From: To: Subject: Date: Abbey Ames Ramirez, Elaine Request for delayed hearing; Reference File Name: C15-2022-0043 Address: 509 E 38th Street Thursday, May 05, 2022 1:46:14 PM *** External Email - Exercise Caution *** Hi Elaine, I am emailing about the following permit/case: Permit/Case: 2022-000032 BA Reference File Name: C15-2022-0043 Address: 509 E 38th Street I would like to request a delayed hearing. I have tried to contact the applicant with questions I have regarding her exemption request. I have not heard back, so I do not believe I could give a well-informed opinion at the upcoming meeting about agreement/objection. Can you let me know you received this? If there is anything else I need to do, please let me know. Best, Abbey Ames 508 Texas Ave. Austin, tx 78705 713-444-0272 Sent from my iPhone 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-3/23 Sista Irie Ramirez, Elaine Request for Postponement Thursday, May 05, 2022 3:39:52 PM city.pdf From: To: Cc: Subject: Date: Attachments: Hello Elaine, *** External Email - Exercise Caution *** Please find attached my copy of a request to postpone the hearing on May 9 regarding an Easement request for Lisa Gray at Red Door LLC. The property in question is at 509 E 38th Street and can be found by Case Number C15-2022-0043. The request for postponement is being made because the neighbors closest to this property do not feel we have enough information to allow the request to be approved without us further understanding what it is they are proposing to build. There are young children who live right behind this house and long time home owners who greatly value the less density of our neighborhood, keeping the noise to a minimum and to not encourage additional traffic. People already cut through this very intersection to avoid the Duval light. Anything that will encourage more unnecessary residential traffic is a reduction in quality of life while our property taxes increase at a wildly out of control rate. Please accept this form as my request for a postponement in an effort to allow the impacted neighbors to meet with the applicant in an effort to understand the reason for the request. Warm regards, …
CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday June 13, 2022 CASE NUMBER: C15-2022-0047 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne OUT ___Y____Barbara Mcarthur ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___Y____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) _______Marcel Gutierrez-Garza (Alternate) APPLICANT: Christian Gutierrez OWNER: Steven Walker ADDRESS: 4522 CASWELL AVE 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 Rear Yard Setback from 10 feet (required) to 5 feet (requested), in order to remodel a Garage/Studio 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 JUNE 13, 2022 The public hearing was closed by Madam Chair Jessica Cohen, Board member Jessica Cohen motions to postponed to July 11, 2022; Board member Michael Von Ohlen seconds on an 11-0, vote; POSTPONED TO JULY 11, 2022. 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-4/1 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 Madam Chair forE-4/2 E-4/3 E-4/4 BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0047 BOA DATE: June 13th, 2022 ADDRESS: 4522 Caswell Ave OWNER: Steven Walker COUNCIL DISTRICT: 9 AGENT: Christian Gutierrez ZONING: SF-3-NCCD-NP (Hyde Park Neighborhood Conservation Combining District Neighborhood Plan) LEGAL DESCRIPTION: LOT 1A LINDEN PLACE VARIANCE REQUEST: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested). SUMMARY: remodel addition to a garage/studio ISSUES: protected trees critical root zones ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-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 Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation …
E-4/34 E-4/35 E-4/36 E-4/37 E-4/38 E-4/39 E-4/40 From: To: Subject: Date: Stephen Stepka Ramirez, Elaine Case # C15-2022-0047 Wednesday, June 08, 2022 11:58:59 AM *** External Email - Exercise Caution *** Elaine, Please RSVP that you received this email. Thank you. I was told that replying by email was a satisfactory way to respond to a Public Hearing Notice I recently received in the mail. I am responding to case # C15-2022-0047 for the Board of Adjustment to be heard on June 13, 2022. You are the contact person listed. I object to the proposed code variance request. I feel that instead of reducing the required 10' setback to the proposed 5' on the Rear Yard Setback and compromising their neighbor they should add the 5' they are trying to gain to the front of the Garage/Studio which has ample distance to accommodate the 5'. This added 5' should be on the front side of the building that faces E.46th St. instead of compromising the neighbor and the Rear Yard Setback. Thank you. 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-4/41 *** External Email - Exercise Caution *** From: To: Subject: Date: David Ramirez, Elaine case C15-2022-0447 Saturday, June 04, 2022 12:52:14 PM case C15-2022-0447 4522 Caswell Ave We are in favor of the requested variance. David Orr 4509 Avenue F Austin, TX 78751 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-4/42 E-4/43 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. *** External Email - Exercise Caution *** From: E-4/44
BOA Monthly Report July 2021-June 2022 June 13, 2022 Granted (2) 1. 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two-Family Residential use location 2. 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street Postponed (5) 1. 25-10-123 (Expressway Corridor Sign District Regulations): a) (B) (2) (b) (i) to exceed sign area and b) (B) (3) (a) to exceed sign height 2. 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Interior Side Yard Setback 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Rear Yard Setback 5. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback Denied (2) 1. 25-2-551 (Lake Austin District Regulations) (C) (3)increase the maximum impervious cover on a slope 2. 25-2-551 (Lake Austin District Regulations) (C) (3)increase the maximum impervious cover on a slope Withdrawn (1) 1. 25-2-492 (Site Development Regulations) to decrease the minimum Lot Size And Section 25-2-947 (Nonconforming Use Regulation Groups) (B) (2) to increase the improvement value Discussion Items (6) June 2022. Interpretations 1 new inquiries The deposition of the case items: (Added June 13, 2022 #’s) 40 A. Granted 64 B. Postponed 8 C. Withdrawn D. Denied 9 E. Discussion Items 56 F-1/1 May 9, 2022 Granted (4) 1. 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for illumination of one (1) wall sign, one (1) illuminated blade, and one (1) illuminated parking blade 2. 25-2-601 (Industrial Park (IP), Major Industry (MI), and Limited Industrial Services (LI) District Regulations) from setback requirements to decrease the minimum Rear Yard Setback 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum Front Yard Setback and 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious cover on a slope. 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback and 25-2-963 (Modification and Maintenance of Non-Complying Structures) (E) (1) (b) to increase the height. Postponed (5) 1. 25-10-123 (Expressway Corridor Sign District Regulations) (B) (3), to exceed sign height 2. 25-2-757 (Setbacks; Compatibility) (E) to decrease minimum 30 feet from the centerline of adjacent street 3. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback 4. 25-2-551 (Lake Austin District Regulations) (C) (3) increase the maximum impervious …
M E M O R A N D U M TO: Mayor and Council DATE: January 14, 2022 FROM: Denise Lucas, Director, Development Services Department SUBJECT: Update on Resolution No. 20211014-045 – Board of Adjustment Applicant Assistance Program On October 14, 2021, City Council adopted Resolution No. 20211014-045 directing the City Manager to explore the creation of a Board of Adjustment Applicant Assistance Program (BAAP) for residential homestead applicants who are requesting a hardship variance or special exception. The resolution contemplates the creation of a BAAP fund to support fee waivers or reductions for applicants who meet the eligibility criteria; as well as pro bono assistance with navigating the application process and subsequent proceedings. To meet the requirements outlined in this resolution, staff is working with the Financial Services Department to identify a funding source. In addition, staff is working with the procurement office to develop a process to procure pro-bono legal services. Staff does not anticipate completing all the components of the Council direction until May 2022 at which time a full response will be provided. Should you have questions or need additional information, please contact Doron Silberstein, Equity and Inclusion Program Manager, at doron.silberstein@austintexas.gov or (512) 978-1732. cc: Spencer Cronk, City Manager Rodney Gonzales, Assistant City Manager F-2/1
§ 2-1-111 - BOARD OF ADJUSTMENT. (A) The Board of Adjustment is established as provided in Local Government Code Chapter 211 (Municipal Zoning Authority). (B) The board shall be composed of 11 members. (C) Each board member shall be appointed to serve a two-year term. (D) The council may appoint alternate board members to serve in the absence of regular members. An alternate member shall be appointed to serve a two-year term. (E) A regular or alternate board member may be removed by council for cause on a written charge after a public hearing. (F) The board shall: (1) (2) (3) (4) (5) (1) (2) board. hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); hear and decide a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; hear and decide a request for a special exception under Chapter 25-2 (Zoning); and perform other duties prescribed by ordinance or state law. (G) The board shall hold meetings at the call of the chairperson and at other times as requested by the (H) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (I) Each case before the board must be heard by at least 75 percent of the board members. (J) The concurring vote of 75 percent of the board members is necessary to: reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under Chapter 25-2 (Zoning); or (3) authorize a variation from the terms of Chapter 25-2 (Zoning). (K) The board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the board and shall state if a member is absent or fails to vote on an item. Source: Ord. 20071129-011; Ord. 20080110-048; Ord. 20080618-030; Ord. 20110526-098;Ord. No. 20141211-204, Pt. 14, 7-1-15. F-3/1 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 §§ …
4507 NORTH INTERSTATE 35 Sign Proposal for Apple Tree Holdings Alex Ybarra Director, Apple Tree Holdings LLC 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 1 of 27 C-2/1-PRESENTATION INTRODUCTION The property at 4507 North Interstate 35 is uniquely situated at the I-35 split and is surrounded by several trees. 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 2 of 27 C-2/2-PRESENTATION LAND DEVELOPMENT CODE Relevant Code: §25-10-123 (Expressway Corridor Sign Districts) (B)(2)(b)(i) and §25-10-123 (B)(3)(a) which regulate the sign area and sign height, respectively. 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 3 of 27 C-2/3-PRESENTATION VARIANCE FINDINGS First: The existing sign is blocked from view by large trees, many of which are over 35 feet high. These trees are either on neighboring properties or city property; therefore, petitioner has no control over those trees. We would also like to preserve trees on the 4507 property to the fullest extent possible. The proximity to the I-35 split also causes visibility issues. 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 4 of 27 C-2/4-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 5 of 27 C-2/5-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 6 of 27 C-2/6-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 7 of 27 C-2/7-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 8 of 27 C-2/8-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 9 of 27 C-2/9-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 10 of 27 C-2/10-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 11 of 27 C-2/11-PRESENTATION SAMPLE FOOTER TEXT 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 12 of 27 C-2/12-PRESENTATION VARIANCE FINDINGS Second: The granting of these variances will not have a substantially adverse impact upon neighboring properties as our assessment is that continued development of 4507 provides a benefit to the neighborhood through crime reduction, continued investment, and improvement of a previously abandoned property. 4507 N IH 35 SVRD Case Number: C16-2022-0004 Page 13 of 27 C-2/13-PRESENTATION LETTER IN SUPPORT Our neighbor, Copernicus STEM Academy, signed a letter in support of the sign variance. Originally, the concept was for a 240 square foot sign, and this larger design was supported by our neighbor. …
Variance Request 1305 Singleton July 11, 2022 D-2/1-PRESENTATION Variance Request: 1305 Singleton Summary • We are seeking two variances that will allow us to build a primary residence behind an existing 728 sf home. The two variances have to do with the location of the secondary dwelling, and the rear yard setback. 25-2-744-C-2-A: “THE SECOND DWELLING UNIT MUST BE LOCATED AT LEAST 10 FEET TO THE REAR OR SIDE OF THE PRINCIPAL STRUCTURE. 25-2-492 “MINIMUM SETBACK: REAR YARD: SF3: 10 FEET” • This property includes an origional house, refinished in 2012, that typifies the character of the area and is worth preserving per the chestnut neighborhood plan. Providing us with this variance will allow us to preserve the existing cottage and have equitable land use as enjoyed by neighbors. • Remaining historic homes in the neighborhood are dwindling and few older homes are well maintained enough to save. Furthermore, most older homes on the street are over 900 sf and so already have a front-of-property primary structure. Therefore, most owners are not burdened with the choice between preservation and demolition. • This variance to maintain the cottage while building a principal structure at the rear will help to maintain neighborhood character D-2/2-PRESENTATION Example Location A Variance Request: 1305 Singleton Proposed Site Plan (Example Locations Only) IMPORTANT NOTE: Unfortunately, the tree at the back of the property is in poor health. It has been checked by a 3rd party arborist who determined that it will fall down in 2 years. As a result, we have obtained a permit to remove the tree. Example Location B D-2/3-PRESENTATION Variance Request: 1305 Singleton Photographs The structure at 1305 Singleton was always a beautiful and redemable structure. It has solid construction and design features that are hard to find like large windows and high ceilings. The 2012 rennovation gave this structure a new life. The refinished materials and new systems mean this home should easily last another 50 years. It is a unique building and a building worth saving. D-2/4-PRESENTATION Variance Request: 1305 Singleton Photographs D-2/5-PRESENTATION Variance Request: 1305 Singleton Photographs D-2/6-PRESENTATION Variance Request: 1305 Singleton Photographs D-2/7-PRESENTATION Variance Request: 1305 Singleton Conceptual Massing This proposal would leave the existing house as-is, maintaining the neighborhoods character and urban fabric. This conceptual massing shows the new construction from street front. The homes on this portion of Singleton include 7 single-story older homes and 5 two- story …
Variance Request: 1305 Singleton Neighborhood Context: Street-Front Homes 1311 Singleton (1420 sf / 907 sf) 1309 Singleton (1,464) 1307 Singleton (1533 sf / 866 sf) 1305 Singleton (728 sf) 1303 Singleton (--) 1301 Singleton (--) 1 3 1 1 1 3 0 9 1 3 0 7 1 3 0 5 1 3 0 3 1 3 0 1 D-2/10-PRESENTATION Variance Request: 1305 Singleton Neighborhood Context: 2-Story Alley Development 1305 Singleton is surrounded by examples of substantial 2-story “sedondary units” built on the alley. We point this out to demonstrate that the “side or rear” “sedondary unit” rule does not result in smaller massing on the alley. There are 11 properties on the alley adjacent to 1305 Singleton and 7 of them include a second 2-story structure on the ally lot-line. Adjacent to 1305 Singleton are two examples of this at 1307 Singleton and 1304 Cedar. Contructing the “primary residence” at the back of the property does not diminish the character of the alley and does not disturb the current massing. Furthermore, the existence of the alley buffers the proposed primary structure from adjacent properties. 5 1 2 3 1 3 0 5 S I N G L E T O N 6 7 4 2 6 1 5 4 3 7 D-2/11-PRESENTATION Variance Request: 1305 Singleton Neighborhood Plan Support D-2/12-PRESENTATION Variance Request: 1305 Singleton Neighborhood Association Support City of Austin Board of Adjustment June 10, 2022 Dear Board Members. This letter serves to express the Chestnut Neighborhood Plan Contact Team’s support for the requested variance at 1305 Singleton Avenue. One of the goals in our adopted Neighborhood Plan is to Promote the Rehabilitation of Existing Housing & New, Infill Housing Compatible with the Old Style of the Neighborhood. The applicant’s proposal to preserve the existing front house, and add new infill housing in the rear, fully aligns with this neighborhood goal. We respectfully request that you approve this variance. Sincerely, David Carroll Chestnut Neighborhood Plan Contact Team Chair D-2/13-PRESENTATION Variance Request: 1305 Singleton Direct Neighbor Support 6/6/22, 9:29 AM Gmail - Letter of support > Thu, May 26, 2022 at 7:08 PM Letter of support Brett D To: h il.com > Dear Mr Fields and Ms Wuertz, Sincerely, Brett DeVore 801.717.0022 As the owner of 1307 Singleton, I am happy to support your application for a variance that will preserve the existing home at 1305 Singleton. I understand that …
Variance Request Aaron and Jamie Seifert Residence 8114 Cache Dr C15-2022-0057 Board Of Adjustment July 11, 2022 D-3/1-PRESENTATION Overview ● To allow Accessory Structure to built in Setback ○ Less than 200 sq ft (192 sq ft) ○ Less than 15 ft tall ○ No plumbing ○ Detached ● To reduce street side setback from 15' to 5’ ● The placement of easements for drainage/utilities as well as an existing protected oak tree applicable to the property cause a hardship as it does not allow for reasonable use leaving us no other location to place the accessory structure D-3/2-PRESENTATION Survey - May 2022 D-3/3-PRESENTATION Property Survey showing: A. Accessory Structure Placement B. Easement C. Setbacks D. Protected Oak Tree and CRZ D-3/4-PRESENTATION Photos of Accessory Structure in Current State of Completion and Placement D-3/5-PRESENTATION Approval would not Alter the Character of the Surrounding area. D-3/6-PRESENTATION Navigating the Process In speaking with the city offices in an attempt to understand the building codes, i was told conflicting information: ● We only needed 5 feet from our side yard to build a shed. This turned out to be 15 feet because of the street side setback, but even in reading through the municipal code handbook multiple times, it doesn’t state this with regard to sheds/accessory structures. ● Given incorrect codes from city officials when applying for variance (which speaks to the vagueness of the city code) ● Differing opinions of enforcement within the city ● Only after sifting through BOA hearings back to 2021 did I find another case that mirrored our situation. Without that I would have confidently built the structure thinking I was within code. D-3/7-PRESENTATION Easement along back fence Retaining wall along the building line, between the Accessory Structure and existing porch D-3/8-PRESENTATION Protected Oak Tree D-3/9-PRESENTATION Letters of Support from Direct Neighbors D-3/10-PRESENTATION Thank you for your time! D-3/11-PRESENTATION
