ITEM05/1-LATE BACKUP-PPMT REQ Subject: RE: 1/13 BOA_C15-2024-0040_600 Cumberland Rd, 2610 & 2612 S 1st Street Virtual Registration Date: Monday, January 6, 2025 at 4:03 PM To: Leah Bojo Got it…I will change it to back up virtual registration Elaine Ramirez Planner Senior Board of Adjustment Liaison Development Services Department 6310 Wilhelmina Delco Dr. Austin, TX 78752 Office: 512-974-2202 E-mail: elaine.ramirez@austintexas.gov DevelopmentATX.com PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s DSD Customer Service Feedback Form - Formstack From: Leah Bojo Sent: Monday, January 6, 2025 2:57 PM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov>; Katie Gengler Subject: Re: 1/13 BOA_C15-2024-0040_600 Cumberland Rd, 2610 & 2612 S 1st Street Virtual Registration External Email - Exercise Caution ITEM05/2-LATE BACKUP-PPMT REQ Hi Elaine, I’ll be in person – thank you! Leah M. Bojo, AICP, Director of Land Use & Entitlements 2705 Bee Caves Road, Suite 100, Austin, TX 78746 Drenner Group, PC | From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Date: Monday, January 6, 2025 at 3:48 PM To: Katie Gengler < Subject: RE: 1/13 BOA_C15-2024-0040_600 Cumberland Rd, 2610 & 2612 S 1st Street Virtual Registration Hi Katie, I have Leah Bojo, registered as the Primary Speaker for case C15-2024-0040 / 600 Cumberland Rd, 2610 & 2612 S 1st St., speaking virtual. Please note: You will a total maximum of 5 minutes to speak/give presentation for the above referenced case. If you are registered to speak virtually, you will receive an e-mail from me Monday, 1/13 before 12p.m., with call in information for our virtual BOA mtg. You will be available via phone only and only the registered speakers will receive the call-in information (do not share the call-in phone number with anyone who has not registered to speak virtually). Once the Board has made the decision of Granting, Denying or Postponing the variance you all can disconnect from the call. Please keep in mind that if you are not the Primary Speaker the Board may or may not call on you. The Primary Speaker gets a total of 5 minutes to speak for each case(s). If the Board has questions, they can call …
ITEM05/1-LATE BACKUP ITEM05/2-LATE BACKUP Zilker Neighborhood Association __________________________________________________________________ 2009 Arpdale, Austin, TX 78704 ● January 8, 2025 Along South Lamar over the last 20 years, VMU and other bonus projects have been building The site on South First is only half an acre. Applying the South Lamar bonus standard, one could Re: Case C15-2024-0040 600 Cumberland, Austin TX 78704 Agenda item 5, January 13, 2025 Chair and Board of Adjustment Members: The Zoning Committee of the Zilker Neighborhood Association is opposed to the variance requested at 600 Cumberland and 2612 South First Street. We agree with the Galindo and Dawson neighbors that the request does not meet the findings required for the variance. In addition, we must emphasize that the request absolutely impairs the purpose of the applicable zoning regulations. The regulations in this case are the terms of a transit-oriented overlay intended to discourage large parking garages on major transit routes and to encourage more affordable housing units. about 80 to 100 units per acre, including at least 10% of the units affordable to 60% MFI, onsite, for 40 years, with parking equivalent to about 60% of the previous requirements. To the extent that a voluntary bonus program can be considered “reasonable use,” those have become the standard dimensions for mixed use along the corridor. They represent a bonus, not a hardship. Now that parking minimums have been eliminated from the code, they likewise cannot be claimed as a hardship. reasonably expect a half-acre 5-floor multifamily project to have around 50 units (fewer if it includes a swimming pool, as this project does) and minimal parking (one and a half levels). There is no evidence that the City has ever denied that degree of reasonable use under the South First property’s GR-V zoning. Rather, in June 2023 the applicant received approval for a much larger deeply affordable project with 90 units and only 67 parking spaces. Rather than denying reasonable use, the City approved a site plan that far exceeded the capacity of the lot and the street. It was the applicant who declined the affordability terms and decided to go for an even bigger project (118 units, mostly market rate) with a very expensive underground parking garage (84 spaces) that conflicts with transit-oriented design standards. parking garage for circulation,” implying that a three-level parking garage is a reasonable use for a half- acre property fronting on a major …
CITY OF AUSTIN Board of Adjustment Decision Sheet – SIGN VARIANCE ITEM02 DATE: January 13, 2025 CASE NUMBER: C16-2024-0001 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Michael Everett OWNER: Rowdy Durham ADDRESS: 6320 ED BLUESTEIN BLVD SB 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) (a) to exceed sign area from 60 square feet to 210.36 square feet (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 60 feet (requested) for a Freestanding sign in order to provide signage for a McDonald’s in a “GR-MU-CO-NP”, Community Commercial – Mixed Use – Conditional Overlay - Neighborhood Plan zoning district. (University Hills Neighborhood Plan), Expressway Corridor Sign District. Note: The Land Development Code Sign Regulations 25-10-123 Expressway Corridor Sign Regulations (A) This section applies to an expressway corridor sign district. (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 with 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. (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) A roof sign may be permitted instead of a freestanding sign under Section 25-10-132 (Roof Sign Instead Of Freestanding Sign). (D) Wall signs are permitted. (E) One flag for each curb cut is permitted. (F) For signs other than freestanding signs or roof signs, the total sign area for a lot may not exceed 20 percent of the facade area of the first 15 feet of the building. Source: Section 13-2-867; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 9, 8- 28-17. BOARD’S DECISION: December 9, 2024, POSPONED TO JANUARY 13, 2025; POSTPONEMENT REQUEST …
CITY OF AUSTIN Board of Adjustment- Sign Variance Decision Sheet ITEM03 DATE: January 13, 2025 CASE NUMBER: C16-2024-0002 ____Y___Thomas Ates (D1) ____Y___Bianca A Medina-Leal (D2) ____Y___Jessica Cohen (D3) ____Y___Yung-ju Kim (D4) ____-___Melissa Hawthorne (D5) - ABSTAINED ____Y___Jeffery Bowen (D6) ____Y___Janel Venzant (D7) ____-___Margaret Shahrestani (D8) OUT ____Y___Brian Poteet (D9) ____Y___Michael Von Ohlen (D10) ____-___Marcel Gutierrez-Garza (M) ____-___VACANT (Alternate) (M) ____-___Suzanne Valentine (Alternate) (M) OUT ____-___VACANT (Alternate) (M) APPLICANT: Michael J Whellan OWNER: Mark Worsham ADDRESS: 12221 MOPAC EXPY SVRD NB VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code: Section 25-10-124 (Scenic Roadway Sign District): (requesting) (existing) (maximum allowed) to 90 square feet (requesting) (requesting), to 3 feet (requesting) Section 25-2-191 (Sign Setback Requirements) allowed) to 0 feet (requesting) (F) to allow for internally sign illumination for three (3) signs (requesting) (G) to decrease signs from the right-of-way of at least 12 feet (minimum required) (B) to allow more freestanding signs from one (1) (maximum allowed) to eight (8) (B) (2) to increase overall sign height from 12 feet (maximum allowed) to 17 feet (E) to decrease the setback of 12 feet from the street right-of-way (minimum (B) (1) (b) to increase the maximum sign area on a lot from 64 square feet (F) (1) to increase height of not more than 30 inches (maximum allowed) to 17 feet (F) (2) to reduce clearance of at least nine (9) feet (minimum allowed) to zero (0) (requesting) feet (requesting). in order to remodel Free-standing sign(s) for Emergency Services/Hospital Services in a “PUD”, Scenic Roadway Sign District. Note: 25-10-124 - SCENIC ROADWAY SIGN DISTRICT REGULATIONS. (A) This section applies to a scenic roadway sign district. (B) One freestanding sign is permitted on a lot. (1) The sign area may not exceed the lesser of: (a) 0.4 square feet for each linear foot of street frontage; or (b) 64 square feet. (2) The sign height may not exceed 12 feet. (C) Wall signs are permitted. (D) For signs other than freestanding signs, the total sign area for a lot may not exceed 10 percent of the facade area of the first 15 feet of the building. (E) In a Hill Country Roadway corridor, a spotlight on a sign or exterior lighting of a sign must be concealed from view and oriented away from adjacent properties and roadways. (F) Internal lighting …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 04 DATE: Monday, January 13, 2025 CASE NUMBER: C15-2024-0031 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Austin Area School for Dyslexics, Inc. ADDRESS: 2615 ½ HILLVIEW RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section: o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested) Impervious Coverage to increase from 45 percent (maximum allowed) to 60 Setback Requirements to decrease the minimum rear yard setback from 10 feet Building Coverage to increase from 40 percent (maximum allowed) to 60% 25-2-492 (Site Development Regulations): Setback Requirements to decrease the minimum front yard setback from 25 feet Height Requirements to increase the height from 35 feet (maximum allowed) to 50 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width of at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). BOARD’S DECISION: POSTPONED TO November 14, 2024, BY APPLICANT; November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case; December 9, 2024 POSPONED TO JANUARY 13, 2025; January 13, 2025 POSTPONEMENT REQUEST TO FEBRUARY 10, 2025 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday January 13, 2025 CASE NUMBER: C15-2024-0040 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Leah Bojo OWNER: Chris Affinito ADDRESS: 600 CUMBERLAND RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code: Article 3, Additional Requirements for Certain Districts, Division 5 –Combining and Overlay Districts, Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations: (H) Compatibility Requirements (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet (maximum allowed) to 2 feet -4 27/32 inches – 5 feet 6 inches (requesting) from 25 feet (minimum width allowed) to 2 feet -4 27/32 inches – 5 feet -6 inches (requesting), in order to erect a Condominium Residential Building in a “GR-V-ETOD, DBETOD and GR-ETOD-DBETOD”, Community Commercial-Vertical Mixed-Use Building-Equitable Transit-Oriented Development and Community Commercial-Equitable Transit-Oriented Development-Density Bonus ETOD. (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the Compatibility Buffers). Note: The Land Development Code Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations (A) (B) (H) This section applies to a property with density bonus ETOD (DBETOD) combining district zoning. This section governs over a conflicting provision of this title or other ordinance. Compatibility Requirements. (1) A building is not required to comply with Article 10 (Compatibility Standards) in Subchapter C. (2) In this subsection, (a) TRIGGERING PROPERTY means a site: (i) with at least one dwelling unit but less than four dwelling units; and (ii) is zoned urban family residence (SF-5) district or more restrictive; and (b) STRUCTURE includes a portion of a structure. (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. a triggering property. (4) Compatibility Buffer. A compatibility buffer is required along a site's property line that is shared with (a) The minimum width of a compatibility buffer is 25 feet. (b) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday January 13, 2025 CASE NUMBER: C15-2024-0041 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Jeffery Bowen (D6) ___Y____Janel Venzant (D7) ___-____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) ___-____VACANT (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Thomas M Schiefer and Meghann Elena Rosales ADDRESS: 1607 10TH ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase from 45 percent (maximum allowed) to 65 percent (requested) in order to attach a Single-Family Residence in a “SF-3-NP”, Single- Family - Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case; Dec 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Madam Chair Jessica Cohen’s motion to Postpone to January 13, 2025; Vice Chair Melissa Hawthorne seconds on 10-0 votes; POSTPONED TO JANUARY 13, 2025; January 13, 2025 The public hearing was closed by Madam Chair Jessica Cohen, Vice Chair Melissa Hawthorne’s motion to Approve; Board member Michael Von Ohlen second on 9-0 votes; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: Home 1 and Home 2 were written independently and then collaborated together, maybe had some unintended consequences for a small lot amnesty, it could be covered in the neighborhood plan, in keeping this house and making the addition to the back with the neighbor’s encroachment is very reasonable, the new Home 2 remove the small lot amnesty for just a single family as opposed to the preservation portion of it. 2. (a) The hardship for which the variance is requested is unique to the property in that: it is a legal lot, it has the existing encroachment, it has a historic house, all these complications make it incredibly unique to this piece of property. (b) The hardship is not general to the area in which the property is located because: the road expansion makes it even more interesting; your neighbor’s living room is usually not on your property. 3. The variance will not alter the character of …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, January 13, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, January 13, 2025, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:42 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Bianca A. Medina-Leal, Brian Poteet, Janel Venzant, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Thomas Ates (at 6pm), Yung-ju Kim Board Members/Commissioners Absent Maggie Shahrestani, Suzanne Valentine (Alternate) PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Special Called meeting on December 9, 2024. On-Line Link: Draft Minutes for December 9, 2024 The minutes from the meeting December 9, 2024, were approved on Vice-Chair Melissa Hawthorne’s motion, Board member Jeffery Bowen second, on 9-0 Vote. PUBLIC HEARINGS Discussion and action on the following cases. Postponement request, by applicants/neighborhood group: Item 2 postponement request to March 10, 2025 and Item 4, and Item 5 postponement request to February 10, 2025. Item 2 and Item 8 – Vice Chair Melissa Hawthorne motions to approve postponement request Item 2 to March 10, 2025, and Item 4 to February 10, 2025, Board member Yung- ju Kim seconds on 9-0 vote. Item 5 open for discussion on the postponement request to February 10, 2025. Item 5– Vice Chair Melissa Hawthorne motions to approve postponement request to February 10, 2025, Board member Michael Von Ohlen seconds on 9-0 vote. PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed Sign Variance cases: 2. C16-2024-0001 Michael Everett for Rowdy Durham 6320 Ed Bluestein Boulevard SB (B) (2) (a) to exceed sign area from 104.65 square feet to 314.86 square feet (B) (3) (a) to exceed sign height of 35 feet (maximum allowed) to 60 feet On-Line Link: ITEM02 ADV PACKET; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-123 (Expressway Corridor Sign District Regulations): (requested) for a Freestanding sign in order to provide signage for a McDonald’s in a “GR-MU-CO-NP”, Community Commercial – Mixed Use – Conditional Overlay - Neighborhood …
BOARD OF ADJUSTMENT SPECIAL CALLED MEETING MINUTES Thursday, November 14, 2024 The BOARD OF ADJUSTMENT convened in a Special called meeting on Thursday, November 14, 2024, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:31 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair Board Members/Commissioners in Attendance Remotely: Thomas Ates, Jeffery Bowen, Bianca A. Medina-Leal, , Brian Poteet, Maggie Shahrestani, Janel Venzant Board Members/Commissioners Absent Melissa Hawthorne-Vice Chair, Yung-ju Kim, Michael Von Ohlen PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on October 14, 2024. On-Line Link: Draft Minutes for October 14, 2024 The minutes from the meeting October 14, 2024, were approved on Chair’s Jessica Cohen motion, Board member Janel Venzant second, No Objections. PUBLIC HEARINGS Discussion and action on the following cases. Postponement requests to December 9, 2024: Items 2-10 postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case Chair Jessia Cohen motion to postponement Items 2-10 to December 9, 2024; Board member Janel Venzant second on 8-0 votes; ITEMS 2-10 POSTPONED TO DECEMBER 9, 2024. PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed cases: 2. C15-2024-0028 Peterson 1406 S 3rd Street Haim Joseph Mahlof (Green Bay Remodeling, Inc.) for Wendy Jo 3. On-Line Link: ITEM02 ADV PACKET; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single- Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case C15-2024-0031 Victoria Haase for Austin Area School for Dyslexics, Inc. 2615 ½ Hillview Road 25-2-492 (Site Development Regulations): On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3; The applicant is requesting a variance(s) from the …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 02 DATE: Monday, November 14, 2024 CASE NUMBER: C15-2024-0028 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Haim Joseph Mahlof - Green Bay Remodeling Inc. OWNER: Wendy Jo Peterson ADDRESS: 1406 3rd ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested) in order to attach a second story deck in a “SF-4A-NP”, Single-Family - Neighborhood Plan zoning district (Bouldin Creek Neighborhood Plan). BOARD’S DECISION: September 9, 2024 The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to October 14, 2024; Vice Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO OCTOBER 14, 2024. OCTOBER 14, 2024 POSTPONED TO November 14, 2024, BY APPLICANT; November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case 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: ITEM02/1 (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 Jessica Cohen Chair Diana Ramirez forITEM02/2 BOA GENERAL REVIEW COVERSHEET Updated CASE: C15-2024-0028 BOA DATE: Monday, December 9, 2024 COUNCIL DISTRICT: 9 AGENT: Haim Mahlof ADDRESS: 1406 S 3rd St OWNER: Wendy Jo Peterson ZONING: SF-4A LEGAL DESCRIPTION: LOT 4 BLK A JEWELL SUBD VARIANCE REQUEST: decrease the minimum front yard setback from 15 feet (required) to 11 feet (requested) (smaller request than original ask of 5 feet). SUMMARY: attach a 2nd story deck ISSUES: lot size and lot configuration ZONING LAND USES Site …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM 03 DATE: Monday, November 14, 2024 CASE NUMBER: C15-2024-0031 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Austin Area School for Dyslexics, Inc. ADDRESS: 2615 ½ HILLVIEW RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section: o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested) Impervious Coverage to increase from 45 percent (maximum allowed) to 60 Setback Requirements to decrease the minimum rear yard setback from 10 feet Building Coverage to increase from 40 percent (maximum allowed) to 60% 25-2-492 (Site Development Regulations): Setback Requirements to decrease the minimum front yard setback from 25 feet Height Requirements to increase the height from 35 feet (maximum allowed) to 50 ITEM03/1 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width of at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). BOARD’S DECISION: POSTPONED TO November 14, 2024, BY APPLICANT; November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair Diana Ramirez forITEM03/2 updated 11/22/24 C15-2024-0031 13384371 0119050226 ITEM03/3 …
Property Profile Legend Notes 2015 Aerial 0 300 600 ft 11/22/2024 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. ITEM03/15 CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday October 14, 2024 CASE NUMBER: C15-2024-0031 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Victoria Haase OWNER: Austin Area School for Dyslexics, Inc. ADDRESS: 2615 ½ HILLVIEW RD VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section: 25-2-492 (Site Development Regulations): Height Requirements to increase the height from 35 feet (maximum allowed) to 50 o feet (requested) o (required) to 15 feet (requested) o (required) to 5 feet (requested) o (requested) o percent (requested) Setback Requirements to decrease the minimum front yard setback from 25 feet Setback Requirements to decrease the minimum rear yard setback from 10 feet Building Coverage to increase from 40 percent (maximum allowed) to 60% Impervious Coverage to increase from 45 percent (maximum allowed) to 60 ITEM03/16 25-2-832 (Private Schools) (1) a site must be located on a street that has a paved width of at least 40 feet (required) to 30 feet (requested) from the site to where it connects with another street that has a paved width of at least 40 feet (required) to 30 feet (requested) in order to erect school buildings and structured sub-grade parking facilities in a “SF-3- NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). BOARD’S DECISION: POSTPONED TO November 14, 2024, 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 …
ITEM03/61 ITEM03/62 ITEM03/63 From: Subject: Date: Rawson Saunders School Monday, October 14, 2024 3:00:42 PM [Some people who received this message don't often get email from jkreislemd@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution My wife,Elizabeth, and I live across Hillview from the Rawson Saunders School in Austin. They have been good neighbors and, certainly, are engaged in a worthy cause, educating children with dyslexia. We hope they can remain at their location and expand within the restrictions of a zoning variance. We OPPOSE a zoning change. Sent from my iP Sincerely, James and Elizabeth Kreisle CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM03/64 ITEM03/65 ITEM03/66 ITEM03/67 ITEM03/68 ITEM03/69 From: To: Subject: Date: Ramirez, Elaine Rawson application Monday, October 7, 2024 9:49:39 PM [You don't often get email from jdpaustin@me.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution I am a member of the Hillview Green Lane HOA. I object to the application and its change from the current school use, which actually is a non conforming use under their current zoning. We don’t want more commercial traffic in our neighborhood. The dense commercial zoning in such close proximity to Casis Elementary School would present more traffic problems and dangers to the young children and the drivers on an already congested 2 lane Exposition Boulevard as well as nearby residential streets. My regards, John D. Pieratt John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 John D. Pieratt, Attorney P O Box 50390 Austin, Texas 78703 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". ITEM03/70 ITEM03/71 ITEM03/72 ITEM03/73 ITEM03/74 ITEM03/75 ITEM03/76 ITEM03/77 ITEM03/78 ITEM03/79 ITEM03/80 ITEM03/81 ITEM03/82
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday November 14, 2024 CASE NUMBER: C15-2024-0040 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Leah Bojo OWNER: Chris Affinito ADDRESS: 600 CUMBERLAND RD VARIANCE REQUESTED The applicant is requesting a variance(s) from the Land Development Code: Article 3, Additional Requirements for Certain Districts, Division 5 –Combining and Overlay Districts, Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations: (H) Compatibility Requirements (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet (maximum allowed) to 2 feet -4 27/32 inches – 5 feet 6 inches (requesting) from 25 feet (minimum width allowed) to 2 feet -4 27/32 inches – 5 feet -6 inches (requesting), (H) Compatibility Requirements (4) (a) from compatibility buffer to decrease the in order to erect a Condominium Residential Building in a “GR-V-ETOD, DBETOD and GR-ETOD-DBETOD”, Community Commercial-Vertical Mixed-Use Building-Equitable Transit-Oriented Development and Community Commercial-Equitable Transit-Oriented Development-Density Bonus ETOD. ITEM04/1 Note: The Land Development Code Section 25-2-654 (Density Bonus ETOD (DBETOD) Combining District Regulations (A) (B) (H) This section applies to a property with density bonus ETOD (DBETOD) combining district zoning. This section governs over a conflicting provision of this title or other ordinance. Compatibility Requirements. (1) A building is not required to comply with Article 10 (Compatibility Standards) in Subchapter C. (2) In this subsection, (a) TRIGGERING PROPERTY means a site: (i) with at least one dwelling unit but less than four dwelling units; and (ii) is zoned urban family residence (SF-5) district or more restrictive; and (b) STRUCTURE includes a portion of a structure. (3) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet. a triggering property. (4) Compatibility Buffer. A compatibility buffer is required along a site's property line that is shared with (a) The minimum width of a compatibility buffer is 25 feet. (b) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for Compatibility Buffers). BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday November 14, 2024 CASE NUMBER: C15-2024-0041 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) OWNER/APPLICANT: Thomas M Schiefer and Meghann Elena Rosales ADDRESS: 1607 10TH ST VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase from 45 percent (maximum allowed) to 65 percent (requested) in order to attach a Single-Family Residence in a “SF-3-NP”, Single- Family - Neighborhood Plan zoning district (Old West Austin Neighborhood Plan) BOARD’S DECISION: November 14, 2024 Postponed to December 9, 2024 due to the absence of a sufficient number of Board Members required for a formal vote on each case 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: ITEM05/1 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 Diana Ramirez forITEM05/2 BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0041 BOA DATE: Thursday, November 14th, 2024 ADDRESS: 1607 W 10th St OWNER: COUNCIL DISTRICT: 9 AGENT: ZONING: SF-3-H-NP (Old West Austin) LEGAL DESCRIPTION: 0.0670AC OF LOT 21 BLK 1 WESTRIDGE VARIANCE REQUEST: increase impervious cover from 45 percent to 65 percent. SUMMARY: to attach a Single-Family residence ISSUES: small lot, neighboring property encroachment ZONING LAND USES Site North SF-3-H-NP SF-3-NP; CS-MU-CO-NP South East SF-3-NP SF-3-NP; CS-MU-CO-NP West SF-3-NP Single-Family Single-Family; General Commercial Services- Mixed Use Single-Family Single-Family; Single-Family; General Commercial Services-Mixed Use Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Old West Austin Neighborhood Association Old West Austin Neighborhood Plan Contact Team Preservation Austin Save Barton Creek Association Save Our Springs Alliance Shoal Creek Conservancy ITEM05/3 October 30, 2024 Thomas …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM07 DATE: Monday November 14, 2024 CASE NUMBER: C15-2024-0042 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Jeffery Bowen (D6) _______Janel Venzant (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Marcel Gutierrez-Garza (M) _______VACANT (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) OWNER/APPLICANT: Scott Jacobs ADDRESS: 2003 ARPDALE STREET VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section(s): the interior side yard setback (East side) from 5 feet (required) to 4.4 feet (requested) 25-2-492 (Site Development Regulations) from setback requirements to decrease 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses): (1) reduce minimum lot area from 5,750 sq. ft. (minimum allowed) to 5,500 sq. ft (requested) (3) (a) reduce rear setback from 10 feet (required) to 5.5 feet (requested) in order to allow for Single-Family dwelling and accessory dwelling on the lot in a “SF-3”, Single-Family zoning district. Note: To allow two dwelling units. Existing garage, built in 1949, was converted into dwelling in the early 1990's without a permit. The goal for this variance would be to properly permit it as an accessory dwelling. ITEM06/1 LDC, 25-2-773 - DUPLEX, TWO-UNIT, AND THREE-UNIT RESIDENTIAL USES. (A) To the extent of conflict, this section supersedes the base zoning district regulations. (B) For a duplex, two-unit, and three-unit residential use: (1) minimum lot area is 5,750 square feet; (2) minimum front yard setback is 15 feet; (3) minimum rear yard setback is: (a) the base zoning district minimum rear yard setback; or (b) five feet when the lot is adjacent to: (i) an alley; or (ii) another lot with a use that is permitted in a multifamily base zoning district or less restrictive base zoning district; (4) minimum street-side yard setback for a lot located on a corner and: (a) on a Level 1 street is the greater of five feet from the property line or 10 feet from curb, or in the absence of curbs, from the edge of the pavement; or (b) on a Level 2, Level 3, or Level 4 street is 10 feet from the property line; (5) minimum number of street-facing entrances is one; (6) maximum building coverage is 40 percent; and (7) maximum impervious cover is 45 percent. (E) This subsection applies to the area established in Subsection …
ITEM06/58 ITEM06/59 ITEM06/60 ITEM06/61 ITEM06/62 ITEM06/63 ITEM06/64 ITEM06/65 ITEM06/66 ITEM06/67 ITEM06/68 ITEM06/69 November 8, 2024 To: Board of Adjustment, City of Austin Re: Case C15-2024-0042 (2003 Arpdale), Nov. 14, 2024, Agenda item 7 Dear Chair and Board Members, On August 9, 2021, the Board of Adjustment granted a lot-size variance at 2003 Arpdale, the same variance being requested today. The hearing in 2021 followed the administrative resolution of years of work-without-permit issues and code violations, including confirmation that the accessory structure does not require variances from the side and rear setbacks. Since the 2021 variance, several permits have been issued at this address, and some of them are still active. Unless the applicant can show that a department director has reversed the previous decisions or somehow overturned the Board of Adjustment variance, there is no reason to rehear the case. In short, the applicant has not been denied reasonable use. to submit a formal appeal of a written administrative decision or to challenge the department’s code interpretation. Simply re-applying for a variance that has already been granted makes no sense. Perhaps the Board can postpone the case and request clarification from the department director. size variance granted in August 2021; the first, on page 3, is from myself on behalf of the Zilker Neighborhood Association, and the other, on page 6, is from Jeff Jack, a former member of the Board of Adjustment. To summarize, regarding the setbacks: City of Austin, clarifying that a side yard setback variance is not required at 2003 Arpdale. In 2019 I received the following e-mail from Susan Barr, the residential plans examiner for the Attached are two letters explaining the intricacies of this case and the justification for the lot- If the department director has reversed the previous decisions, the applicant’s remedy would be From: Barr, Susan [mailto:Susan.Barr@austintexas.gov] Sent: Monday, May 13, 2019 9:54 AM To: latherton Cc: Dave Piper; 'Jeff Jack'; Gonzales, Rodney Subject: RE: 2003 Arpdale Appeal of BP #17-074166 Dear Ms. Atherton, Please keep me posted on the results of the Zilker Neighborhood Association discussion. In regards to the side yard setback, structures that were permitted in the distant past that do not meet current yard setbacks are considered legal, non-complying. Since a permit for the garage was found, it’s distance of 4.4’ from the side property line is legal and does not require a special exception. Best Regards, Susan It …
