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July 13, 2020

C-1 C16-2020-0003 PRESENTATION original pdf

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CITY OF AUSTIN BOARD OF ADJUSTMENT HEARING JULY 13, 2020 1 Statement of Purpose Why We Are Here Austin Continuum Project is seeking Variance From: • Scenic Corridor zoning as it pertains to sign codes for height and square footage. • We request a variance from Section (B) (1) (b) The sign area may not exceed the lesser of 64 square feet and Section (B) (2) The sign height may not exceed 12 feet as it pertains to 25-10-124 of the Scenic Roadway Sign District Regulations. We are requesting our sign to be 30 feet overall height and 247.87 square feet. Our Reasoning The signage is designed to enhance wayfinding from MoPac and site entry points while 1. negating any material tree removal to improve visibility 2. Signage is sculptural, architecturally appropriate, and visually enhancing by design 3. Greater signage height is necessary to achieve traditional site identification, information and wayfinding purposes of the sign while preserving trees and accommodating topography 2 Topography and Elevations Shell Gas Station Sign Continuum Project Overview Thick tree coverage, topography and elevation grade variations create a challenge for motorists to locate the project p Dr. nsto o N M errillto w n Dr. d R e c i v r e S c a p o M 1 1 Location of sign - requesting variance Tandem Dr. Our Building: 14231 Tandem p D r. s t o n o N 3 Demonstration Sign at code compliant height, 12 ft Sign at requested variance height, 30 ft Comparison to existing sign in vicinity* *Continuum sign not pictured according to required setback. Visual is for side-by-side comparison purposes only. 4 CITY OF AUSTIN BOARD OF ADJUSTMENT HEARING 5

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D-1 C16-2020-0002 PRESENTATION original pdf

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W E N S A B 0402415Ar3 Sheet 5 6 HILTON GARDEN INN Address 2600 BROCKTON AVE AUSTIN, TX. 78758 MSW|MW RFF 02.13.19 Approval / Date R1 JMC 12/11/19: DELETE OPTION 2 OF SIGNS A AND B R2-AC-3/10/20: upd ABC dims to new specs R3-JP 6/16/20: added photos & aerial view; deleted C 14201 Sovereign Road #101 Fort Worth, TX 76155 2301 River Road Suite 201 Louisville, KY 40206 (502) 897-9800 Cell (502) 554-2575 FINAL ELECTRICAL CONNECTION BY CUSTOMER AERIAL OVERHEAD VIEW ZOOMED VIEW SHOWING HOTEL & SIGN LOCATIONS A WEST BUILDING ELEVATION | PROPOSED SIGNAGE PHOTO VIEW IS TRAVELING SOUTH ON BURNET ROAD B SOUTH BUILDING ELEVATION | PROPOSED SIGNAGE PHOTO VIEW IS TRAVELING NORTH ON BURNET ROAD 0402415Ar3 Sheet 1 6 HILTON GARDEN INN Address 2600 BROCKTON AVE AUSTIN, TX. 78758 MSW|MW RFF 02.13.19 Approval / Date R1 JMC 12/11/19: DELETE OPTION 2 OF SIGNS A AND B R2-AC-3/10/20: upd ABC dims to new specs R3-JP 6/16/20: added photos & aerial view; deleted C 14201 Sovereign Road #101 Fort Worth, TX 76155 2301 River Road Suite 201 Louisville, KY 40206 (502) 897-9800 Cell (502) 554-2575 FINAL ELECTRICAL CONNECTION BY CUSTOMER EQ. " 8 - ' 4 242'-0"+- EQ. - + " 0 - ' 2 8 A WEST BUILDING ELEVATION | PROPOSED SIGNAGE SCALE: 3/64" = 1' - 0" SIGN SQ. FT. = 217 0402415Ar3 Sheet 2 6 HILTON GARDEN INN Address 2600 BROCKTON AVE AUSTIN, TX. 78758 MSW|MW RFF 02.13.19 Approval / Date R1 JMC 12/11/19: DELETE OPTION 2 OF SIGNS A AND B R2-AC-3/10/20: upd ABC dims to new specs R3-JP 6/16/20: added photos & aerial view; deleted C 14201 Sovereign Road #101 Fort Worth, TX 76155 2301 River Road Suite 201 Louisville, KY 40206 (502) 897-9800 Cell (502) 554-2575 FINAL ELECTRICAL CONNECTION BY CUSTOMER EQ. " 8 - ' 4 197'-0"+- EQ. - + " 0 - ' 2 8 B SOUTH BUILDING ELEVATION | PROPOSED SIGNAGE SCALE: 3/64" = 1' - 0" SIGN SQ. FT. = 217 0402415Ar3 Sheet 3 6 HILTON GARDEN INN Address 2600 BROCKTON AVE AUSTIN, TX. 78758 MSW|MW RFF 02.13.19 Approval / Date R1 JMC 12/11/19: DELETE OPTION 2 OF SIGNS A AND B R2-AC-3/10/20: upd ABC dims to new specs R3-JP 6/16/20: added photos & aerial view; deleted C 14201 Sovereign Road #101 Fort Worth, TX 76155 2301 River Road Suite 201 Louisville, KY 40206 (502) 897-9800 Cell (502) …

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E-1 C15-2020-0029 PRESENTATION original pdf

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1711 WATERSTON AVENUE ADDITION BOA REQUEST TO ADDRESS: .IRREGULAR BLOCK SUBDIVISION .MAINTAINING NEIGHBORHOOD CHARACTER .SMALL LOT SIZE .TREE PRESERVATION Clarksville Neighborhood Lot Plan Lot is undersized and part of an irregular block subdivision that is unique to the neighborhood Block Plan All neighboring homes are 1 story. Block Plan All neighboring homes are 1 story. Direct neighbors are historic with alterations. Also in close proximity to National Register Historic home. 1711 WATERSTON AND NEIGHBORING MASS AND SCALE NATIONAL REGISTER HISTORIC NEIGHBOR TO EAST NEIGHBOR TO WEST. HISTORIC HISTORIC DIRECT NEIGHBORS TO EAST AND WEST OF 1711 WATERSTON Old West Austin Neighborhood Design Guidelines 1.0 Residential guidelines Goal 1: Promote prevailing neighborhood character 1.2 Maintain consistent mass and scale Residential Guidelines Goal 1: Promote prevailing neighborhood character 1.1 Promote diversity of architectural styles 1.1.1 Promote additions that reflect both the period of the addition and preserve the integrity of original structures 1.2 Maintain consistent mass and scale 1.2 Maintain consistent mass and scale 1.3 Maintain historic land use patterns 1.3.1 Maintain street setback lines 1.3.2 Promote “back-buildings” 1.3.2 Promote “back-buildings” 1.3.3 Promote parking on the side or rear in lieu of 1.3.3 Promote parking on the side or rear in lieu of front front Goal 2: Enhance the streetscape 2.1 Promote and maintain street trees 2.1 Promote and maintain street trees 2.2 Minimize driveway width and curb cuts 2.3 Promote openness to the street 2.3.1 Windows 2.3.2 Porches 2.3.3 Transparent fences 2.3.4 Face garage doors away from the street 2.4 Promote and maintain sidewalks 2.5 Promote localized porch and walkway lighting This Not this 1.0 Residential guidelines Goal 1: Promote prevailing neighborhood character 1.3 Maintain historic land use patterns 1.3.2 Promote “back-buildings” Homes on Waterston Ave designated as not compatible with original design intent of neighborhood in the Old West Austin Neighborhood Plan Site Plan Lot has substandard width (43.1’), depth (125.2’) and overall size (5401sf) Site Plan Neighboring lots encroach on setbacks and cross lot lines Site Plan Neighbor acquired permit to enclose non complying wood deck in 2011 Site Plan COA Protected Trees Site Plan Trees included in site survey Site Plan Existing tree canopy covers large majority of lot Trees viewed from front Trees viewed from back Site Photos Existing tree coverage Design solutions allowed by code severely impact trees and are not in character with neighborhood WE PROPOSE A MORE APPROPRIATE, 1 STORY DESIGN IN CHARACTER WITH …

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E-2 C15-2020-0030 PRESENTATION original pdf

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4726 BUNNY RUN C15-2020-0030 Presented by Janis J. Smith, P.E. Application for Variance to LDC-25-2-963(D)(2)(a) Reconstruction of Non-Complying Docks in a Changed Location and Footprint 1 2 Dock #2 Dock #1 3 Neighbor’s Access Easement 1951‐2006 4 5 1-SLIP ENCLOSED DOCK TO BE REMOVED DOCK ACCESS TO BE REMOVED PROPOSED DOCK PROPOSED DOCK ACCESS = EXISTING ACCESS EXISTING BIULKHEAD TO BE REPLACED 2-SLIP ENCLOSED DOCK TO BE REMOVED EXISTING = PROPOSED PATIO 175 SF STORAGE SHED TO BE REOMOVED DOCK ACCESS TO BE REMOVED PROPERTY LINE EXISTING CONDITIONS PROPOSED CONDITIONS 6

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F-1 C1-2020-0010 ADV PACKET PART2 original pdf

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Street West View 1 1:142.86 South Side View 2 1:142.86 East Side View 3 1:142.86 Northwest View 4 1:142.86 e n a L n i t s u J 5 1 4 1 7 5 7 8 7 , s a x e T , n i t s u A 1 6 9 7 - 2 5 4 - 2 1 5 Seal: Signature: Issue: Project: 1/13/19 For Board of Adjustment Review Ruhl- Coops Residence 71 Julius St. Austin, Texas, 78702 © 2020 STUDIO MOMENTUM ARCHITECTS, PC. ALL RIGHTS RESERVED. ALL IDEAS, DESIGNS, DRAWINGS AND SPECIFICATIONS ARE THE SOLE PROPERTY OF THE ARCHITECT. THEY ARE TO BE USED FOR NO OTHER PURPOSE OR SITE OTHER THAN DESCRIBED HEREIN. THE USE OR REPRODUCTION OF THESE PLANS CONCERNING ANY OTHER CONSTRUCTION IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF AN AUTHORIZED AGENT OF STUDIO MOMENTUM ARCHITECTS, PC. THESE DRAWINGS SHALL NOT BE USED FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION UNLESS DATED AND NOTED WITH ARCHITECT'SSEAL AND SIGNATURE THESE DRAWINGS INDICATE THE GENERAL SCOPE OF WORK. THEY MAY NOT INDICATE OR DESCRIBE ALL WORK REQUIRED FOR FULL COMPLETION OF THE CONTRACT DOCUMENTS. THE CONTRACTOR SHALL CONFIRM ALL INFORMATION ON SITE AND SHALL INFORM THE ARCHITECT OF ANY DISCREPANCIES. Revisions: Sheet Title: Three Dimensional Views Sheet Number: A6.2 F-1/55 F-1/56 F-1/57 View of House site looking East from Julius F-1/58 View of 35" Pecan F-1/59 View of site from across Julius F-1/60 View East along South Property Line F-1/61 View of Other Heritage Trees on the Site F-1/62 View of Large Existing House at 70 San Saba, East of property F-1/63 View South From Property F-1/64 Natural Vegetation south of property F-1/65 Land South of the property between water edge and property line F-1/66 View South from end of Julius Street F-1/67 View West from Property F-1/68 F-1/69 F-1/70 F-1/71 F-1/72 F-1/73 F-1/74 F-1/75 F-1/76

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F-1 C15-2020-0010 ADV PACKET PART3 original pdf

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7 0 S a n S a b a S t , A u s t i n , T X 7 8 7 0 2 M A R C E L M E Y E R X 5 1 2 - 6 8 9 - 4 4 5 5 c e l l I a m i n f a v o r o f t h e v a r i i a n c e b e n g s o u g h t . I h a v e n o o b j e c t i o n s . F-1/77 F-1/78

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F-1 C15-2020-0010 PRESENTATION original pdf

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Address: 71 Julius St Homeowners: Dan Coops and Amy Ruhl-Coops Variance request: Waterfront Overlay - Residential home re-build in secondary setback - Impervious cover from 30% → 36.8% Adjacent green space 1 • Redesigned the main house: • Reduced size of house • Removed south side porches • Reduced size of carport • • Moved it as far north as possible while still saving the 35” pecan Eliminated carport flatwork and went entirely to ribbons • Redesigned the garage: • Reduced size • Moved it as far north as possible while still sharing a driveway with 73 Julius • Placed it entirely outside of the secondary setback • Maintained or improved all other setbacks and measures • Removed all impervious cover we could from the secondary setback and reached 29.9% 2 3 Thank you 4

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G-1 C15-2020-0020 ADV PACKET PART1 original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday June 8, 2020 CASE NUMBER: C15-2020-0020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___-____Melissa Hawthorne ___-____William Hodge (abstained) ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___N____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jennifer Hanlen OWNER: Durham Trading Partners XII, LLC ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: currently under construction, layout error BOARD’S DECISION: BOA meeting April 13, 2020 CANCELLED MEETING; MAY 11 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Darryl Pruett nay, William Hodge abstained); POSTPONED TO JUNE 8, 2020. June 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Don Leighton-Burwell motions to Deny, Board Member Michael Von Ohlen seconds on a 10-1 vote (Board member Veronica Rivera nay and William Hodge abstained); DENIED. RECONSIDERATION REQUEST: July 13, 2020 FINDING: G-1/1 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 ____________________________ Don Leighton-Burwell Chairman G-1/2 From: To: Subject: Date: Attachments: Jeff Blatt Ramirez, Elaine Fwd: Scanned Document Monday, June 15, 2020 2:20:26 PM doc20200615141210.pdf *** External Email - Exercise Caution *** Elaine Please find my request in attachment to reconsider appeal for Board of Adjustments for 1401 E 3rd St I am sending along with formal pdf request for reconsideration copies of the approved plans for a single family residence and copies of the revised plans that would have been part of the …

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G-1 C15-2020-0020 ADV PACKET PART2 original pdf

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G-1/27 G-1/28 G-1/29 G-1/30 G-1/31 G-1/32 G-1/33 G-1/34 G-1/35 G-1/36 G-1/37 G-1/38 G-1/39 G-1/40 G-1/41 G-1/42 G-1/43 G-1/44 G-1/45 G-1/46 G-1/47 G-1/48 G-1/49 G-1/50 G-1/51 G-1/52 G-1/53 G-1/54 G-1/55 G-1/56 G-1/57 G-1/58 G-1/59 G-1/60 G-1/61 G-1/62 G-1/63 G-1/64 G-1/65 G-1/66 G-1/67 G-1/68 G-1/69 G-1/70 CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday May 11, 2020 CASE NUMBER: C15-2020-0020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___*____William Hodge (abstained) ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jennifer Hanlen OWNER: Durham Trading Partners XII, LLC ADDRESS: 1401 3RD ST VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side setback from 5 feet (required) to 2.77 feet (requested) in order to complete a Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (East Cesar Chavez Neighborhood Plan) Note: currently under construction, layout error BOARD’S DECISION: BOA meeting April 13, 2020 CANCELLED MEETING; MAY 11 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Darryl Pruett nay, William Hodge abstained); POSTPONED TO JUNE 8, 2020. FINDING: because: 1. The Zoning regulations applicable to the property do not allow for a reasonable use 2. (a) The hardship for which the variance is requested is unique to the property in that: G-1/71 (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: ______________________________ ____________________________ Elanie Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for G-1/72 May 5, 2020 Jennifer Hanlen 1401 E 3rd St Austin TX, 78702 Re: C15-2020-0020 Dear Jennifer, Property Description: W 35.6FT OF N138FT OF W193.4 OLT 20 DIVISION O Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following section of the Land Development Code; Section 25-2-492 interior side setback from 5 feet (required) to 2.77 feet (requested) setback requirements; to decrease …

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G-1 C15-2020-0020 ADV PACKET PART3 original pdf

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G-1/75 G-1/76 G-1/77 G-1/78 G-1/79 March 19, 2020 City of Austin c/o Elaine Ramirez City of Austin Board of Adjustments One Texas Center 505 Barton Springs Austin, Texas 78704 BOA request for 1401 E 3rd St. to allow a 2.77 setback setback Legal tract located at 1401 E. 3rd St. is 4,852 SF; has had on-site utility service since 1926. Original residence was demolished in 2017 and a new residential permit application was submitted to city of Austin. Application was approved by city of Austin; new single-family residence constructed in accordance with plans. The plot plan was accurate and was based on the accurate survey; however, an incorrect version of the survey was used to set the construction forms. A survey error based on confusing ROW widt construction of the SFR & accessory apartment. This was not known until contractor called for final inspection and certificate of occupancy and preparation of the owner occupying the residence. Surveyor then surveyed entire block alley in order to understand where error was created. The intersection of the rear public alley and intersecting Navasota Street have varying widths. These intersecting ROWs allowed multiple opportunities for error. There are no known examples like this in the immediate area, but is probable in the larger east Austin geography. This small setback encroachment does not impair the intent of the zoning regulations, nor does it have any adverse impact on adjacent or surrounding properties. inspection. The Certificate of Occupancy can be granted The new single- if the variance is approved. Sincerely, David C. Cancialosi, Agent for Owner G-1/80 G-1/81 G-1/82 G-1/83 G-1/84 RE: 1401 E 3rd Street Setback Variance Request CASE # C15-2020-0020 Board of Adjustment, As a neighbor, I received notification regarding the side-setback variance request for 1401 E 3rd Street. I am writing to respectfully request that the board of adjustment deny this request on a life safety basis. As sited, the building presents a hazard to persons and property. In addition to increasing the opportunity for fire propagation between structures, the limited side lot setback: Does not meet the accessibility and visitability requirements defined in section R320.7; Fails to ensure emergency fire egress via the Restricts fi ability to engage a structure-involved fire at 1401 or 1403 E 2nd Street. accessible ground-floor exits; As you consider this variance request, please keep these measurements in mind: 82 inches. At the northeast corner of the structure, …

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G-1 C15-2020-0020 ADV PACKET PART4 original pdf

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G-1/94 G-1/95 G-1/96 G-1/97 G-1/98 G-1/99 G-1/100 G-1/101 G-1/102 G-1/103 G-1/104

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G-1 C15-2020-0020 ADV PACKET PART5 original pdf

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G-1/105 G-1/106 G-1/107 G-1/108 G-1/109 G-1/110 G-1/111 G-1/112 G-1/113 G-1/114 G-1/115 G-1/116 G-1/117

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G-1 C15-2020-0020 ADV PACKET PART6 original pdf

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G-1/118 G-1/119 G-1/120 G-1/121 G-1/122 G-1/123 From: To: Subject: Date: Ramirez, Elaine FW: 1401 East Third Monday, May 11, 2020 2:34:48 PM My original email to City staff questioning the construction at 1401 E 3rd. From: Sent: Wednesday, January 24, 2018 1:02 PM To: DSD Help Cc: Subject: 1401 East Third This message is from Jeff Thompson. [ bc-jeffrey.thompson@austintexas.gov ] I sit on the Planning Commission and one of the residents in my district asked me about a new house going up at 1401 E 3rd Street, 78702. It appears to have approved plans for less than the required set back, but there was never a BOA hearing or other variance. Can you please explain how they are allowed to build so close to another house and within the set back? Jeffrey Thompson Boards and Commissions Scheduled Meeting Disclosure Information: Written disclosure is required by visitors when attending a scheduled meeting with a City Official regarding a municipal question for compensation on behalf of another person. Anyone scheduling or accepting a meeting invitation with a City Official must either acknowledge that the disclosure requirement does not apply or respond to the following survey: https://www.surveymonkey.com/r/BCVisitorLog IMPORTANT NOTICE: The City of Austin provides e-mail addresses for members of its boards and commissions for their use as board members. This address should not be used for private or personal messages. The views expressed in e-mail messages reflect the views of the authors alone, and do not necessarily reflect the views of any board or commission of which the author may be a member. In particular, the views expressed here do not necessarily reflect those of the City of Austin, or any of its departments, employees or officials. E-mail messages may be subject to required public disclosure under the Texas Public Information Act. G-1/124 From: Subject: Date: Attachments: FW: 1401 E 3rd Street Monday, May 11, 2020 2:42:25 PM image002.png image003.png image004.png D5619B4E5E1648509A9623C8BE4D07E6.png 8FF5708083434FEA868AB1891DEEC906.png Several weeks later I’m still chasing the issue. You can see from the pictures that the development is still in early stages. The response is : inspector will notice. To be told now that the inspector didn’t raise the issue early enough is frustrating. From: Sent: Friday, March 2, 2018 4:13 PM To: Subject: Fwd: 1401 E 3rd Street Jeff Thompson Planning Commission D3 Begin forwarded message: From: "Johns, Renee" <Renee.Johns@austintexas.gov> Date: March 2, 2018 at 3:00:04 PM CST To: …

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G-1 C15-2020-0020 PRESENTATION original pdf

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Original survey issued (see Exhibit “A”) Original application for permit including affidavit (see Exhibit “B”) Plan review approved—case #2017-043148 PR (see Exhibit “C”) Permit issued—permit #2017-152673 PR Form survey issued (see Exhibit “D”) Layout inspection passed by City—inspection #101 Development Services Department informed by District 3 Planning Commissioner of potential discrepancy Specific residential reviewers in charge of approval informed by District 3 Planning Commissioner of potential discrepancy Residential review in charge of approval responded to Planning Commissioner Post-permit revision approved (see Exhibit “E”) New survey issued (see Exhibit “F”) 1st hearing for variance request—postponed New drawings issued showing proposed modifications (see Exhibit “G”) 2nd hearing for variance request—denied Reconsideration hearing 1401 E. 3rd St. Case #C15-2020-0020 Reconsideration Hearing July 13, 2020 1. Summary of project timeline January 9, 2017 April 12, 2017 December 7, 2017 December 8, 2017 January 3, 2018 January 19, 2018 January 24, 2019 March 1, 2018 March 2, 2018 June 13, 2018 February 3, 2020 May 11, 2020 May 21, 2020 June 8, 2020 July 13, 2020 Rationales for reconsideration 2. A. In the previous meeting, it was questioned whether the project was legally approved. The previous agent mistakenly called the project a duplex. A duplex is not allowed on a lot this small or this narrow. The project was intended to be a single-family residence with an attached accessory apartment, as allowed by the zoning code in section 25-2-901. This section of code does not state a minimum lot size or dimension: An affidavit was submitted stating that the owner (over the age of 60) intended to occupy the accessory apartment (Exhibit “B”): Exhibit “B” was not presented in the previous two hearings. As well, the local Planning Commissioner questioned whether the project was legally approved due to the fact that he thought the building was too close to the east property line. The approved plans appeared to show that the building was too close to the east property line but it was only the eave, not the wall, that was approved to be within 5 feet of the east property line: B. As was said in the previous two meetings, the reason that the structure as-built is only 2.80 feet from the east property line, is due to a surveying error. The original survey (Exhibit “A”) indicated that the neighbor’s fence was the eastern property line: Exhibit “A” was not presented in the previous …

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H-1 BOA MONTHLY REPORT original pdf

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BOA Monthly Report July 2019-June 2020 June 8, 2020 Granted 4 PP Cases Withdrawn Denied 2 0 2 Discussion Items 8 1) 25-10-133(G) to allow for up to 18 illuminated wall signs 2) 25-10-133 (G) to illuminate sign on south building and to (C) to exceed Sign area elevation on the south building * 3) 25-2-492 to decrease the minimum lot size and lot width, and 25-6 To decrease the parking spaces 4) 25-2-492 (D) to decrease the minimum lot width 1) 25-2-721 (C) (1) and (2) to allow construction and to increase the maximum allowable IP 2) 25-2-492 (D) to decrease the rear setback 1) 25-10-133 © to exceed sign area elevation on the west building* 2) 25-2-492 to decrease the minimum interior side setback Dec and Jan. interpretations 0 new inquiries (Added June’s # 2020) The deposition of the case items: A. Granted 34 B. Postponed 57 C. Withdrawn 12 D. Denied 6 E. Discussion Items 63 E. Indef PPmt 0 * same case but was only granted partial variance request and partial was denid. H-1/1 May 11, 2020 1) SubChapter F: Res Design and Comp Standards, Art 2, Dev Standards Sec 2.1 to exceed the FAR 2) 25-2-899 (E) to increase height 3) 25-2-1063 (C)(2) to increase the maximum allowable Comp Height 4) 25-2-492 (D) to decrease the minimum lot width 5) 25-2-492 (D) to decrease the minimum lot size 6) 25-5-515 to decrease the minimum rear yard setback 1) 25-10-133(G) to allow for up to 18 illuminated wall signs 2) 25-10-133 (G) to allow for 1 6ft tall freestanding monument sign And 2 217sq.ft. wall signs, all illuminated 3) 25-2-492 (D) to decrease the minimum interior side setback 4) 25-2-492 (D) to decrease the rear setback 5) 25-2-492 (D) to decrease the minimum lot width 6) 25-2-721 (C) (1) and (2) secondary setback area to allow construction Of a home and increase and increase the maximum allowable IC Withdrawn 1) 25-6-472 Appendix A to reduce the number of required parking Spaces Granted 6 PP Cases 6 1 0 6 Denied Discussion Items Dec and Jan. interpretations 0 new inquiries (Added MAY # 2020) The deposition of the case items: 30 A. Granted 55 B. Postponed 12 C. Withdrawn D. Denied 5 E. Discussion Items 55 E. Indef PPmt 0 APRIL 2020 CANCELLED DUE TO COVID 19 H-1/2 Granted PP cases 5 6 March 9, 2020 1) …

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H-2 BOA ANNUAL INTERNAL REVIEW original pdf

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Annual Internal Review This report covers the time period of 7/1/2019 to 6/30/2020 BOARD OF ADJUSTMENT The Board’s mission statement (per the City Code, Title 2 Administration) is: Mission Statement The Board of Adjustment mission is defined by Article 2-1-111 Board of Adjustment and the Board of Adjustment Bylaws which state: The purpose of the Board of Adjustment is to: (1) (2) (3) (4) (5) Hear and decide requests for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; and, Hear and decide a request for a special exception under Chapter 25-2 (Zoning); and, Hear and decide an appeal of an administrative action under Chapter 25-2 (Zoning); and, Hear and decide on a request for a variance from the requirements of airport zoning regulations under Section 241.034, Local Government Code; and, Perform other duties prescribed by ordinance, such as to hear and decide requests for a variance from the requirements of Chapter 25-10 (Sign Regulations); and, (6) Perform other duties prescribed by state law. H-2/1 Annual Review and Work Plan Year 7/1/2019 – 6/30/2020 Page 2 The following actions of the Board were taken during the period between July 1, 2019 and June 30, 2020 in support of the Board’s mission. Board Actions A. Meetings: Twelve (12) meetings were scheduled for the Board of Adjustment during the reporting period. December 2019 meeting was cancelled due to unavailability of space and April 2020 meeting was cancelled due to COVID-19. 1. The Board of Adjustment met ten (10) times in support of the purposes and duties noted above. Two scheduled meetings were cancelled; May and June 2020 meetings were held via Tele-Conference, due to COVID-19. 2. The Board of Adjustment cancelled special called meeting and/or workshop one (1) time. Workshop-training was originally scheduled for April 2020. 3. The Board of Adjustment heard zero (0) cases related to airport zoning regulations. August 2019 meeting. 4. After the July 2019 meeting, the Chair resigned. A new Chair was elected at the 5. Beginning on the November 2019 agenda, hyperlinks were added to more easily access case back-up materials. 6. Workgroups were formed to address BOA concerns regarding the LDC re-write; Transportation Criteria/Code Recommendations; BOA Fees; Guidelines for Postponements; and, Coordination with City Staff. 7. City Council adjusted BOA fees in 2019 (based on BOA resolution) to create more equitable costs for Austin’s citizens. B. Variance Cases Heard: …

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July 13, 2020

H-4 BOA TRAINING AND STAFF SUPPORT original pdf

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Board of Adjustment Training & Staff Support Workgroup 2020-07-02 (Leighton-Burwell, Hawthorne, Von Ohlen & Bailey) -- UPDATED Results /Action Items Proposed by the Workgroup (for discussion and possible action by the whole Board at upcoming BOA Meeting): 1. We want to start BOA trainings ASAP (thanks to our Liaison, this is already underway). 2. We want to have knowledgeable staff available at our hearings to answer questions regarding issues outside of BOA Liaison’s expertise (residential zoning), such was Lake Austin, Signage, Waterfront Overlay, etc. 3. We want to find out status of GIS mapping efforts showing history of BOA cases (location, type, etc.). 4. We want to build new bridges with City Staff and repair relationships from past situations. In addition, we want to be able to increase staff accountability without it appearing as a personal attack. 5. We want to know what the Department Supervisors need / want from BOA to better support each other and our joint processes. 6. We want to temper our deliberations to be focused on the facts of the cases before us and be less inflammatory or confrontational towards applicants and staff. 7. We want to hold ourselves accountable and our BOA colleagues in a civil and respectful manner. 8. We want to create processes for transitions in BOA leadership and for additions of new members to our Board. 9. We want to include training on the role the legislature plays in the BOA. Specifically how we are governed by both City and State mandates and what that means in how we operate.

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July 13, 2020

H-5 UNO SIGN REGULATIONS original pdf

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MEMORANDUM TO: Members of the Planning Commission FROM: Jerry Rusthoven, Assistant Director/Interim Lead Planning and Zoning Department DATE: May 22, 2020 SUBJECT: UNO Sign Regulations The Planning and Zoning Department is requesting the Commission initiate an amendment to the UNO ordinance to correct an inadvertent change made to the sign regulations in the ordinance. In November 2019 the City Council approved changes to the UNO ordinance. One of those changes was intended to address signs above the second story of a building. Those signs were required to be cut in or engraved into the structure of the building. If the name of a building were placed on the facade this made it physically difficult to change the name in the future. It was agreed by the stakeholders to remove this requirement. In making this change to the ordinance a mistake was made and the result is all illuminated signs were prohibited in the UNO area. This is not what was intended or agreed to by the stakeholders. Also, because the UNO sign regulations are also used in TODs and the North Burnet/Gateway Plan this mistake carries over to other areas. Staff is asking for the opportunity to correct the ordinance. We will be working with the same stakeholders involved in the November revisions. If you need additional information, please contact me by email or 512-974-3207. Cc: Andy Linseisen, Assistant Director, DSD H-5/1

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July 13, 2020

H-8 WORKGROUP POSTPONEMENTS original pdf

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Board of Adjustment; Guidelines for Postponements In an effort to minimize multiple, on-going postponements, the Board of Adjustment (BOA) shall set forth the following guidelines in considering the merits of requests for postponement. 1. FIRST POSTPONEMENT REQUEST (applicant or opposition): a. An applicant (or their agent) for a variance or special exception may request one (1) postponement without cause for any new case on the BOA agenda. b. The opposition (only one entity per case) to a variance or special exception may request one (1) postponement without cause for any new case on the BOA agenda. 2. SUBSEQUENT POSTPONEMENT REQUESTS: a. After the first requested postponement (by either the applicant or the opposition), consideration of any subsequent postponements shall be handled as follows: i. Applicant shall submit (in writing to the BOA Staff Liaison) a concise, clear statement outlining why an additional postponement is warranted. The applicant (or their agent) should attend the BOA hearing to answer any questions from the BOA, and be ready to proceed with the case should the request for postponement be denied. ii. Absence from the BOA hearing may result in denial of the variance or special exception request (at the Board’s sole discretion). iii. BOA may accept or reject the request for postponement based on the merits of the request. Any postponed cases shall be added to the next scheduled BOA meeting agenda. b. The BOA will consider the following in determining if a case should be postponed: i. Merits (e.g. new evidence) of the postponement request as submitted by the applicant. ii. Need for applicant to provide additional information requested by the BOA. iii. Need for applicant to consult with opposition, neighbors and neighborhood groups/planning teams, adjacent H-8/1 property owners, City Staff, design professionals, or other such entities. iv. Need for applicant to investigate and report to the BOA regarding alternative solutions, etc. v. Personal emergency. c. The BOA Staff Liaison will add to BOA’s agenda (or to the case’s back-up documents) a tally of the past postponements including (but not limited to) date and requestor of previous postponements for consideration by the Board in determining if additional postponements are warranted. 3. POSTPONEMENT REQUESTS -- Miscellaneous (based on BOA Member attendance or Staff request): a. Should the number of BOA members (including alternates) present at a hearing (by number, abstentions or recusal) be less than (eleven) 11 members for cases requiring nine (9) …

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July 13, 2020

BOA agenda hyperlink original pdf

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Special Meeting of the Board of Adjustment July 13, 2020 Board of Adjustment to be held July 13, 2020 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 12, 2020 by Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the July13, 2020, Board of Adjustment Meeting, residents must: •Call or email the board liaison, Elaine Ramirez at 512-974-2202 or elaine.ramirez@austintexas.gov no later than noon, (July 12, 2020). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start 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 (July 12, 2020). This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live BOARD OF ADJUSTMENT AGENDA JULY 13, 2020 at 5:30 PM VIA VIDEOCONFERENCING http://www.austintexas.gov/page/watch-atxn-live ___Darryl Pruett ___Veronica Rivera ___Yasmine Smith ___Michael Von Ohlen ___Kelly Blume (Alternate) ___Martha Gonzalez (Alternate) ___VACANT (Alternate) ___Brooke Bailey ___Jessica Cohen ___Ada Corral ___Melissa Hawthorne (Vice Chair) ___William Hodge ___Don Leighton-Burwell (Chair) ___Rahm McDaniel A. DISCUSSION AND REQUESTED ACTION ITEM B. DISCUSSION AND REQUESTED ACTION ITEM A-1 On-Line Link: Item A-1 B-2 Staff requests approval of June 8, 2020 draft minutes Staff and Applicant requests for postponement and withdraw of items posted on this Agenda SIGNS NEW PUBLIC HEARINGS C. C-1 C16-2020-0003 On-Line Link: Item C-1 PRESENTATION Joe Bucher for Mark Schlossberg 14231 Tandem Boulevard Section 25-10-124 (Scenic Roadway Sign District) (B) (1) (b) to increase the The applicant is requesting a sign variance(s) from the Land Development Code: a) maximum sign area on a lot from 64 square feet (allowed) to 247.87 square feet (requested) b) Section 25-10-125 (B) (2) from 12 feet (allowed) to …

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