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July 12, 2021

D-2 C15-2021-0056 DS TO 8-9-21 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 CASE NUMBER: C15-2021-0056 DATE: Monday July 12, 2021 _______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: Andrea Hamilton OWNER: Chase & Andrea Hamilton ADDRESS: 3006 GLENVIEW AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-515 (Rear Yard of a Through Lot) from setback requirements to decrease the minimum rear yard setback from 25 feet (required) to 5 feet (requested) in order to erect a detached garage/office in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Windsor Road Neighborhood Plan) Note: Per LDC for a Through Lot, a rear yard must comply with the minimum requirements applicable to a front yard. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUG 9, 2021 AE DENIAL FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair

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July 12, 2021

D-3 C15-2021-0058 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0058 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel (OUT) ___N____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Robert & Jennifer Carson ADDRESS: 1209 CHOQUETTE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 25 feet (required) to 16 feet (requested) in order to maintain a Carport in a “SF-3-NP”, Single-Family Residence- Neighborhood Plan zoning district. (Brentwood Neighborhood Plan) BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant; Board Member Melissa Hawthorne seconds on a 10-1 vote (Board member Darryl Pruett nay); GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: original house built in 1957 included a carport, carports are a common feature in the area 2. (a) The hardship for which the variance is requested is unique to the property in that: each lot in Bellaire Section 1 was developed independently, site plan layouts and floor plans are different for each other, the property lot elevations slopes from the front of the property toward the house so that water running off the original roof fell directly on the driveway, flowed towards the house and pooled in the original carport area. (b) The hardship is not general to the area in which the property is located because: each lot in Bellaire Section 1 was developed independently. 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: Carport has been in place since 2003, simply want to maintain it as is, open on 3 sides and is only 1 story tall, so it does not present any adverse effects to neighboring properties. ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair

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July 12, 2021

D-4 C15-2021-0062 PP DS TO 8-9-21 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-4 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0062 _______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: David Cancialosi OWNER: Christen Steen ADDRESS: 3401 RIVERCREST DR increase the maximum impervious cover on a slope with a gradient of 15 percent or less increase the maximum impervious cover on a slope with a gradient of 15 percent and not VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-551 (Lake Austin District Regulations) (C) (3) (a) from 35 percent (allowed) to 48 percent (requested), (53% existing) (b) more than 25 percent from 10 percent (allowed) to 49 percent (requested), (54.25% existing) (c) increase the maximum impervious cover on a slope with a gradient of more than 25 percent and not more than 35 percent from 5 percent (allowed) to 18 percent (requested), (4.41% existing) (d) percent (requested), (0.83% existing) in order to erect a Single-Family + associated improvements in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or a tract that is not required to be platted. For the above address the Subdivision Plat was recorded on January 4, 1965 increase maximum impervious cover on a slope gradient greater than 35 percent to 3 The overall change in IC is from 21.51% to a proposed 20.89% IC, or 8,084 SF IC to 7,883 SF IC, when calculated on a gross lot area basis. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair

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July 12, 2021

D-5 C15-2021-0067 PP DS TO 8-9-21 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-5 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0067 _______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) OWNER/APPLICANT: Scott Jacobs ADDRESS: 2003 ARPDALE ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size requirement from 5,750 square feet (required) to 5,500 square feet (requested) in order to maintain an existing Residence and Accessory Structure in a “SF-3”, Single-Family Residence zoning district. BOARD’S DECISION: BOA JULY 12, 2021 POSTPONED TO AUGUST 9, 2021 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair

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July 12, 2021

D-6 C15-2021-0068 PP DS TO 8-9-21 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-6 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0068 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___-____Rahm McDaniel (OUT) ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: John Hussey OWNER: Berry Shawn Cox ADDRESS: 1411 GASTON AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 2.1 (Maximum Development Permitted) to increase the F.A.R from 40% (required) to 52.79% (requested) an additional 753 square feet, in order to add an addition to an existing single family residence in an “SF-3-NP”, Single-Family- Neighborhood Plan zoning district (Windsor Park Neighborhood Plan) Note: per Ordinance 20060727-084, this property was allowed to exceed the 40% and was granted 46.07% BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Postpone to August 9, 2021; Board Member Melissa Hawthorne seconds on a 11-0 vote; POSTPONED TO AUGUST 9, 2021. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair

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July 12, 2021

D-7 C15-2021-0070 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-7 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0070 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___-____Rahm McDaniel (OUT) ___Y___Darryl Pruett ___Y___Agustina Rodriguez ___-____Richard Smith (OUT) ___Y___Michael Von Ohlen ___Y___Nicholl Wade ___Y___Kelly Blume (Alternate) ___Y___Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Frank and Jeannine Clark ADDRESS: 904 AVONDALE ROAD to decrease the minimum Lot Size requirements from 5,750 square feet (required) to VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-492 (Site Development Regulations): a) 5,292 square feet (requested) and b) to decrease the minimum Front Yard Setback requirements from 25 feet (required) to 17 feet (requested) in order to remodel and addition of a Covered Front Porch in a “SF- 3-NP”, Single-Family-Neighborhood Plan zoning district (South River City Neighborhood Plan). BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant; Board Member Darryl Pruett seconds on a 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: home built in 1949 prior to current setback requirements does not comply with current setback requirements, home currently not allowed small lot amnesty in Travis heights Neighborhood so is non confirming, however; the intent of the rejection of small lot amnesty in this area is to preserve the character of the neighborhood. This tiny house will have the character and retain its small original cottage style without adding additional sq footage. 2. (a) The hardship for which the variance is requested is unique to the property in that: shape of the lot, size of the lot, heritage trees, and topography of lot (b) The hardship is not general to the area in which the property is located because: size of the lot, shape of the lot and proximity to critical root zines of three heritage trees and steep topography are non-standard and very site specific for this property 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: this is a 594 sq foot cottage, it currently has asbestos siding, the original exterior was wood shingles, restoring the original …

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July 12, 2021

D-8 C15-2021-0071 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-8 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0071 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___-____Rahm McDaniel (OUT) ___N___Darryl Pruett ___Y___Agustina Rodriguez ___-____Richard Smith (OUT) ___Y___Michael Von Ohlen ___Y___Nicholl Wade ___Y___Kelly Blume (Alternate) ___Y___Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Susan Hays ADDRESS: 902 HERNDON LN Section 25-2-492 (Site Development Regulations) from setback requirements to decrease VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code: a) the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested) and b) Dwelling Unit to be located at least 10 feet to the rear or side of the principal structure (required), to 8 feet from the principal structure (requested) in a “SF-3”, Single-Family zoning district. Section 25-5-774 (Two-Family Residential Use) (C) (2) (a) which requires an Accessory BOARD’S DECISION: BOA JULY 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Grant both a) and b) with condition that the ADU not be used as STR; Board Member Brooke Bailey seconds on a 10-1 vote (Board members Darryl Pruett nay); GRANTED BOTH A) and B) WITH CONDITION THAT THE ADU NOT BE USED AS STR. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: surrounding properties were originally developed with a 5’ rather than 10’rear setback, given the placement of trees on the lot, the existing home was constructed toward the back of the lot, replacing the subject structure with a 10’setback is unreasonable given the placement of live oak and the main house. 2. (a) The hardship for which the variance is requested is unique to the property in that: the large amount and placement of trees on the lot limit the ability to replace the deteriorated structure in a usable fashion, the design alters the original footprint in order to make more space for a live oak. (b) The hardship is not general to the area in which the property is located because: the amount and location of the trees are unique to this property 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: …

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July 12, 2021

D-9 C15-2021-0072 WITHDRAWN DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-9 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0072 _______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: Will Sheddan OWNER: James Rothfelder ADDRESS: 2806 BRINWOOD AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (D) (Site Development Regulations) to decrease the minimum lot size requirement from 5, 750 square feet (required) to 4, 986 square feet (requested) in order to erect a Single-Family residence in a “SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district. (Dawson Neighborhood Plan) BOARD’S DECISION: BOA JULY 12, 2021 WITHDRAWN BYAPPLICANT FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair

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July 12, 2021

E-1 C15-2021-0027 PP DS 8-9-21 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0027 _______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) OWNER/APPLICANT: Charles Shapiro ADDRESS: 12905 VERONESE DR VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from Impervious Cover requirements to increase from 45% (maximum allowed) to 50% (requested), in order to construct a swimming pool to an existing Single-Family residence in an “SF-2”, Single-Family Residence zoning district. BOARD’S DECISION: BOA meeting April 12, 2021 cancelled; May 10, 2021; POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; JUNE 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Melissa Hawthorne motions to Postpone to July 12, 2021; Board Member Rahm McDaniel seconds on a 9-1 vote (Board Member Don Leighton-Burwell nay); POSTPONED TO JULY 12, 2021. July 12, 2021 POSTPONED TO AUGUST 9, 2021 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison Diana Ramirez for ____________________________ Jessica Cohen Chair

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July 12, 2021

E-2 C15-2021-0036 GRANTED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0036 ___Y___Thomas Ates ___Y___Brooke Bailey ___Y___Jessica Cohen ___Y___Melissa Hawthorne ___Y___Barbara Mcarthur ___-____Rahm McDaniel (OUT) ___Y___Darryl Pruett ___Y___Agustina Rodriguez ___-____Richard Smith (OUT) ___Y___Michael Von Ohlen ___Y___Nicholl Wade ___N___Kelly Blume (Alternate) ___Y___Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Ron Thrower OWNER: Chalice McGee ADDRESS: 6141 JUMANO LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-899 (D) (E) (F) (Fences as Accessory Uses) to increase the height permitted from 6 feet (required) to 8 feet (requested) in order to maintain a recently constructed 8 ft. fence in an “SF-2-NP”, Single- Family Residence-Neighborhood Plan zoning district. (West Oak Hill 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. (E) states: a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. (F) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. BOARD’S DECISION June 14, 2021 POSTPONED TO JULY 12, 2021; July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Michael Von Ohlen motions to Grant with condition that a verification of approval from HOA is provided to Residential Review during the permit review; Board Member Melissa Hawthorne seconds on a 10-1 vote (Board members Kelly Blume nay); GRANTED WITH CONDITION THAT A VERIFICATION OF APPROVAL FROM HOA IS PROVIDED TO RESIDENTIAL REVIEW DURING THE PERMIT REVIEW. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: an average 7 foot fence is not adequate to provide a secure condition and reasonable privacy to safely occupy the yard at the subject property in a manner consistent with safe haven conditions of sanctuary …

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July 12, 2021

E-3 C15-2021-0048 DENIED DS original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-3 DATE: Monday July 12, 2021 CASE NUMBER: C15-2021-0048 ___Y____Thomas Ates ___N____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne RECUSING ___N____Barbara Mcarthur ___-____Rahm McDaniel (OUT) ___N____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Stephen Drenner OWNER: Austin Hedge 35 Borrower, LLC ADDRESS: 8300 IH 35 SVRD SB VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off- Street parking and Loading Requirements) to reduce the number of required parking spaces from 1.5 spaces and 1.5 spaces + 0.5 spaces per bedroom (required) to 1 spaces (requested) in order to complete a Multi-Family residential structure providing 226 units of significantly Affordable housing in a “CS-MU-CO-NP”, General Commercial Services-Mixed Use-Conditional Overlay- Neighborhood Plan zoning district. (Georgian Acres Neighborhood Plan) BOARD’S DECISION: May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES; June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Rahm McDaniel motions to postpone to July 12, 2021; Board Member Don Leighton-Burwell seconds on a 9-0 vote (Board Member Melissa Hawthorne recused); POSTPONED TO JULY 12, 2021. July 12, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Jessica Cohen motions to Grant with conditions that owners construct and maintain a trail, and obtain a 2 year parking agreement from the neighbors; Board Member Nicholl Wade seconds on a 7-3-1 vote (Board members Brooke Bailey, Barbara Mcarthur, and Darryl Pruett nays; Melissa Hawthorne recused); DENIED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the desired use of this property is a conversion from a hotel use to a deeply affordable multifamily use, the parking requirements exceed the necessary parking for this particular use, and to provide such parking would reduce the density of the affordable project. 2. (a) The hardship for which the variance is requested is unique to the property in that: the hardship is incurred by the conversion of a hotel building into a dense affordable multifamily use, thereby necessitating use of the existing structures on site, accommodating currecnt parking requirements would require a reduction in deeply affordable housing units (b) The hardship is not general to the area in which the property is located because: …

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July 12, 2021

Approved Minutes original pdf

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Board of Adjustment Meeting MINUTES July 12, 2021 (Versión en español a continuación) Board of Adjustment to be held July 12, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (July 11, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the July 12, 2021 Board of Adjustment Meeting, members of the public must:  Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (July 11, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting).  Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call.  Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak.  Speakers will be placed in a queue until their time to speak.  Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting.  If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live A-1/1 Minutos del Reunión del Board of Adjustment - FECHA de la reunion (July 12, 2021) La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (July 11, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion July 12, 2021, los miembros del público deben:  Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (July 11, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) …

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June 14, 2021

A-1 DRAFT MINUTES MAY 10, 2021 original pdf

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Board of Adjustment Meeting Minutes May 10, 2021 (Versión en español a continuación) Board of Adjustment to be held May 10, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (May 9, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the May 10, 2021 Board of Adjustment Meeting, members of the public must:  Call or email the board liaison at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (May 9, 2021 the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting).  Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call.  Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak.  Speakers will be placed in a queue until their time to speak.  Handouts or other information may be emailed to elaine.ramirez@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting.  If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live Minutos del Reunión del Board of Adjustment - FECHA de la reunion (May 10, 2021) La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (May 9, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunion May 10, 2021, los miembros del público deben:  Llame o envíe un correo electrónico al enlace de la junta en 512-974-2202 o elaine.ramirez@austintexas.gov a más tardar al mediodía (May 9, 2021 el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y …

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C-1 C16-2021-0003 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 CASE NUMBER: C16-2021-0003 DATE: May 10, 2021 ___-____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne ABSTAINING ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Agustina Rodriguez ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building.(G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. C-1/1 BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021; March 8, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Veronica Rivera motions to Postpone to April 12, 2021; Board Member Rahm McDaniel seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO APRIL 12, 2021. (RENOTICE) VARIANCE REQUESTED: RENOTICE APRIL 12, 2021 cancelled due to technical problems with notification database; May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES BOARD’S DECISIONFINDING: 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 …

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D-1 C15-2020-0083 ADV PACKET PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 CASE NUMBER: C15-2020-0083 DATE: Monday May 10, 2021 __-____Thomas Ates __Y_____Brooke Bailey __Y_____Jessica Cohen __Y_____Melissa Hawthorne __Y_____Don Leighton-Burwell __Y_____Rahm McDaniel __Y_____Darryl Pruett __-_____Agustina Rodriguez __Y_____Michael Von Ohlen __Y_____Nicholl Wade __-_____Vacant __-_____Kelly Blume (Alternate) __-_____Carrie Waller (Alternate) __-_____Vacant (Alternate) APPLICANT: Daniel Salazar OWNER: Enez Salinas ADDRESS: 2810 GONZALES ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two- Family Residential use location at least 10 feet to the rear or side of the principal structure (required) to 5 feet (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Note: Per LDC the second Dwelling Unit must be contained in a structure other than the principal structure and must be located at least 10 feet to the rear or side of the principal structure BOARD’S DECISION: BOA MEETING JAN 11, 2021 Board Member Jessica Cohen motions to postpone to February 8, 2021 due to technical difficulties, Board member Michael Von Ohlen seconds on a 9-0 vote; POSTPONED TO February 8, 2021 DUE TO TECHNICAL DIFFICULTIES. February 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Brooke Bailey motions to postpone to March 8, 2021; Board Member Darryl Pruett seconds on a 10-0 vote; POSTPONED TO MARCH 8, 2021. March 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Postpone to April 12, 2021 Board Member Rahm McDaniel seconds on a 10-0 vote; POSTPONED TO APRIL 12, 2021. (RENOTIFICATION NEEDED) D-1/1 VARIANCE REQUESTED: RENOTICE APRIL 12, 2021 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 4 feet 6 inches (requested) in order to erect a Secondary Dwelling Unit in an “SF-3-NP”, Single- Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) BOARD’S DECISION: April 12, 2021 cancelled due to technical problems with notification database; May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES 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 …

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D-1 C15-2020-0083 ADV PACKET PART2 original pdf

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D-1/26 D-1/27 D-1/28 D-1/29 D-1/30 D-1/31 D-1/32 D-1/33 D-1/34 CITY OF AUSTIN Board of Adjustment Decision Sheet G-4 DATE: Monday February 8, 2021 CASE NUMBER: C15-2020-0083 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___-____VACANT ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Vacant (Alternate) ___-____Donny Hamilton (Alternate) APPLICANT: Daniel Salazar OWNER: Enez Salinas ADDRESS: 2810 GONZALES ST VARIANCE REQUESTED: The applicant is requesting variance(s) from the Land Development Code, Section 25-2-774 (Two-Family Residential Use) (C) (2) (a) for a Two- Family Residential use location at least 10 feet to the rear or side of the principal structure -3- Single-Family Residence-Neighborhood Plan zoning district. (Govalle Neighborhood Plan) Note: Per LDC the second Dwelling Unit must be contained in a structure other than the principal structure and must be located at least 10 feet to the rear or side of the principal structure Board Member Jessica Cohen motions to postpone to February 8, 2021 due to technical difficulties, Board member Michael Von Ohlen seconds on a 9-0 vote; POSTPONED TO February 8, 2021 DUE TO TECHNICAL DIFFICULTIES. February 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Brooke Bailey motions to postpone to March 8, 2021; Board Member Darryl Pruett seconds on a 10-0 vote; POSTPONED TO MARCH 8, 2021. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: D-1/35 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 Don Leighton-Burwell Chairman ____________________________ Diana Ramirez for D-1/36 D-1/37 D-1/38 D-1/39 D-1/40 D-1/41 D-1/42 CITY OF AUSTIN Board of Adjustment Decision Sheet D-3 DATE: Monday January 11, 2021 CASE NUMBER: C15-2020-0083 ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ____-___VACANT ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera OUT ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___-____Vacant (Alternate) ___-____Donny Hamilton (Alternate) NOT AVAIL APPLICANT: Daniel Salazar OWNER: Enez Salinas ADDRESS: 2810 GONZALES ST VARIANCE REQUESTED: The applicant …

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D-1 C15-2020-0083 ADV PACKET PART3 original pdf

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D-1/53 D-1/54 D-1/55 D-1/56 D-1/57 D-1/58 D-1/59 D-1/60 D-1/61

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D-10 C15-2021-0049 ADV PACKET original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-9 DATE: Monday May 10, 2021 CASE NUMBER: C15-2021-0049 ___-___Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Agustina Rodriguez ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Perry Hunt OWNER: Amias Maldonado and Lena Banks ADDRESS: 1025 ELLINGSON LN VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Section 25-2-1463 (Secondary Apartment Regulations) (C) (5) (a) to increase Floor to Area ratio from 15% (required) to .1587% (requested) in order to maintain a Secondary Apartment in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (Hancock Neighborhood Plan) Note: 25-2-1463 - SECONDARY APARTMENT REGULATIONS (C) The secondary apartment: (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller and (b) 550 square feet on the second story, if any. BOARD’S DECISION: BOA MEETING May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES 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: D-10/1 (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 ____________________________ Don Leighton-Burwell Chairman Diana Ramirez for D-10/2 BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0049 BOA DATE: May 10th, 2021 ADDRESS: 1025 Ellingson Ln OWNER: Amias Maldonado COUNCIL DISTRICT: 9 AGENT: Perry Hunt w/David Weekly Homes ZONING: SF-3-NP (Hancock) LEGAL DESCRIPTION: LOT 24 OLT 18 DIV C MAYFAIR TERRACE VARIANCE REQUEST: increase Floor to Area ratio from 15% to 15.87% ZONING LAND USES SUMMARY: complete a Secondary Apartment ISSUES: layout of existing house is compact Site North South East West SF-3-CO-NP SF-3-CO-NP SF-3-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 Bike Austin CANPAC (Central Austin Neigh Plan Area Committee) Central Austin Community Development Corporation Central Austin Urbanists Friends of Austin Neighborhoods Hancock Neighborhood Assn. Homeless Neighborhood Association Neighborhood Empowerment Foundation …

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D-11 C15-2021-0051 ADV PACKET PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-10 CASE NUMBER: C15-2021-0051 DATE: Monday May 10, 2021 ___-___Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Agustina Rodriguez ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____Vacant (Alternate) OWNER/APPLICANT: Peter Pevoto ADDRESS: 106 AND 108 COMAL 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: a) and b) order to erect a Single Family Residence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (East Cesar Chavez Neighborhood Plan). BOARD’S DECISION: BOA MEETING -May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES 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: decrease the minimum Rear Yard Setback from 10 feet (required) to 5 feet (requested) in decrease the minimum Front Yard Setback from 25 feet (required) to 15 feet (requested) D-11/1 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 ____________________________ Don Leighton-Burwell Chairman Diana Ramirez for D-11/2 BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0051 BOA DATE: May 10th, 2021 ADDRESS: 106 & 108 Comal St OWNER: Peter Peveto COUNCIL DISTRICT: 3 AGENT: N/A ZONING: SF-3-NP (East Cesar Chavez) LEGAL DESCRIPTION: TRT C OLT 20 DIVISION O & TRT B OLT 20 DIVISION O VARIANCE REQUEST: decrease front yard setback from 25 ft. to 15 ft. and decrease rear yard setback from 10 ft. to 5 ft. SUMMARY: erect a Single-Family residence ISSUES: two small lots Site North South East West SF-3-NP SF-3-NP CS-MU-CO-NP CS-MU-CO-NP SF-3-NP ZONING LAND USES Single-Family Single-Family General Commercial Services-Mixed Use General Commercial Services-Mixed Use 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 …

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D-11 C15-2021-0051 ADV PACKET PART2 original pdf

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D-11/46 D-11/47 D-11/48 D-11/49 D-11/50 D-11/51 D-11/52 D-11/53 D-11/54 D-11/55 D-11/56 D-11/57 D-11/58 D-11/59 D-11/60 D-11/61

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