Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday September 9, 2024 CASE NUMBER: C15-2024-0028 ___Y____Thomas Ates (D1) ___-____Bianca A Medina-Leal (D2) OUT ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Jeffery Bowen (D6) OUT ___Y____Janel Venzant (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___-____Marcel Gutierrez-Garza (M) RESIGNED ___-____VACANT (Alternate) (M) ___Y____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. 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: ITEM03/1 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 Chair forITEM03/2 09/30/24 RE: NOTICE OF INTENT TO POSTPONE BOA MEETING 10/14 Green Bay Remodeling, Inc. Good afternoon, This is a formal notice to request to postpone our meeting to address the BOA members on 10/14, due to Bouldin Creek HOA scheduling their meeting of approval for our variance on 10/14. We wish to postpone the meeting to the following date of 11/14/24. If you have any questions regarding this, please contact us at our office | Green Bay Remodeling Inc https://www.greenbayremodeling.com/ 3724 Executive Center Drive, #120, Austin, TX 78731 ITEM03/3 VARIANCE REQUEST: decrease the minimum front yard setback from 15 feet (required) to 5 feet (requested). BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0028 BOA DATE: September 9, …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0031 BOA DATE: October 14th, 2024 ADDRESS: 2615 ½ Hillview Rd OWNER: Laura Steinbach COUNCIL DISTRICT: 10 AGENT: Ron Thrower ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: LOT 2 BLK A SANCTUARY SUBD THE VARIANCE REQUEST: 25-2-492 (Site Development Regulations): o Height Requirements to increase the height from 35 feet (maximum allowed) to 50 feet (requested) o Setback Requirements to decrease the minimum front yard setback from 25 feet (required) to 15 feet (requested) o Setback Requirements to decrease the minimum rear yard setback from 10 feet (required) to 5 feet (requested) o Building Coverage to increase from 40 percent (maximum allowed) to 60% (requested) Impervious Coverage to increase from 45 percent (maximum allowed) to 60 percent (requested) o 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) SUMMARY: erect school buildings and structured sub-grade parking facilities ISSUES: accessibility for the dyslexic students in Austin ZONING Site North South East West SF-3-NP SF-3-NP; PUD SF-3-NP; PUD PUD SF-3-NP LAND USES Private School for dyslexic students Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Preservation Austin Save Barton Creek Association TNR BCP – Travis County Natural Resources West Austin Neighborhood Group ITEM04/1 September 30, 2024 Victoria Haase 2615 1/2 Hillview Rd Austin TX, 78703 Re: C15-2024-0031 Property Description: LOT 2 BLK A SANCTUARY SUBD THE Dear Victoria, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2- 491, 25-2-492 for front yard, height, rear yard, max. building coverage, max. impervious coverage, and 25-2-832 at 2615 ½ Hillview Road. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0034 BOA DATE: October 14th, 2024 ADDRESS: 705 Brownlee Cir OWNER: Brad Hoskins COUNCIL DISTRICT: 9 AGENT: Robert Allison ZONING: MF-3-NP (Old West Austin) LEGAL DESCRIPTION: LOT 32 PARK VIEW VARIANCE REQUEST: Land Development Code, Section, 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) (B) (7) Impervious Coverage to increase from 45 percent (maximum allowed) to 65 percent (requested) (E) (4) F.A.R to increase from 40% (required) to 50% (requested) o o SUMMARY: remodel existing residence ISSUES: zoning change the owner’s received against the preferences of the neighborhood ZONING LAND USES MF-3-NP Site North SF-3-NP South CS-MU-V-CO-NP East MF-4-NP West MF-4-NP Multi-Family Single-Family General Commercial Services-Mixed Use Multi-Family Multi-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 Shoal Creek Conservancy ITEM06/1 September 30, 2024 David Webber 705 Brownlee Cir Austin TX, 78703 Re: C15-2024-0034 Dear David, Property Description: LOT 32 PARK VIEW Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-733(B)(7) & 25-2-733(E)(4)(b) at 705 Brownlee Circle. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Support Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM06/2 ITEM06/3 ITEM06/4 ITEM06/5 ITEM06/6 ITEM06/7 ORDINANCE NO. 20230209-062 AN 035) NANCE 1EZON-NG AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 705 BROWNLEE CIRCLE IN THE OLD WEST AUSTIN NE G BOR_-OOD PLAN AREA FlON FAIV_-Y RESIDENCE- NEIGHBORHOOD PLAN (SF-3-NP) COMB NING D STR CT TO MULTIFAMILY RESIDENCE kED-UlV DENSI-Y-NEIGHBORHOOD PLAN (MF-3-NP) CONBIN-NG D-STR CT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base …
BOA Monthly Report July 2024-June 2025 1. 25-2-899 (Fences as Accessory Uses) to increase the height 2. 25-2-551(Lake Austin (LA) District Regulations) (C)(3) from setback requirements to: increase the maximum impervious cover on a slope 1. 25-2-779 (Small Lot Single-Family Residential Use) from setback requirements to decrease the minimum front yard setback September 9, 2024 Granted 2 Postponed 1 Withdrawn 0 Denied 1 1. Appeal-Appellant challenges issuance of Building Permit 2023-129658 BP and Building Permit 2023- 129659BP on the grounds that the City of Austin incorrectly approved impervious cover (IC) 5 7 3 0 2 13 (Added Sept9# 2024) Discussion Items Sept 2024 Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Jeffery Bowen, Bianca A. Medina-Leal, Marcel Gutierrez-Garza (resigned) and 2 vacant positions (alternate) August 12, 2024 Granted Postponed 1. 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet to twelve (12) feet 2. Appeal-Appellant challenges issuance of Building Permit 2023-12958 BP on the grounds that the City 0 2 incorrectly approved impervious cover (IC) 0 Withdrawn 0 Denied Discussion Items Aug 2024 Interpretations 1 new inquiries The deposition of the case items: 4 (Added Aug12# 2024) 5 5 2 0 1 8 Granted Postponed Withdrawn Denied Discussion Items Board members absent: Brian Poteet, Marcel-Gutierrez-Garza, Yung-ju Kim, Janel Venzant, Micheal Von Ohlen and 1 vacant position (alternate) July 8, 2024 Granted 1. 25-2-492 (Site Development Regulations) from setback requirements to: decrease the minimum street side yard setback and decrease the minimum rear yard setback 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the two minimum interior side yards setback and 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (a) from shoreline setback requirements to decrease and 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) increase the maximum impervious cover on a slope 3. 25-2-492 (Site Development Regulations) from lot width requirements to decrease the front lot width 4. 25-2-492 (Site Development Regulations) from setback requirements to: decrease the minimum front yard setback and decrease the minimum interior side yard setback and decrease the minimum street side yard setback 5. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback and 25-2-492 (Site Development Regulations) from building coverage requirements to increase and 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase and 25-2-963 (Modification and Maintenance of Non-complying …
BYLAWS OF THE BOARD OF ADJUSTMENT ARTICLE 1. NAME. The name of the board is the Board of Adjustment. ARTICLE 2. PURPOSE AND DUTIES. (A) The purpose of the Board of Adjustment is to: 1. 2. 3. 4. Hear and decide a request for a variance from the requirements of Chapter 25-2 (Zoning), except as otherwise provided by the Code; Hear and decide an appeal of an administration action under Chapter 25-2 (Zoning); 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 or state law. ARTICLE 3. MEMBERSHIP. (A) (B) (C) (D) (E) (F) The Board of Adjustment is composed of eleven members appointed by the city council. The council may appoint any number of alternate members to serve in the absence of a regular member. A member that was appointed to the Board of Adjustment may be removed by the council for cause on a written charge after a public hearing. Board members serve for a term of two years beginning March 1st on the year of appointment. A vacancy on the Board of Adjustment shall be filled for the unexpired term. An individual board member may not act in an official capacity except through the action of the board. A regular board member who is absent for three consecutive regular meetings or one-third of all regular meetings in a "rolling" twelve month timeframe automatically vacates the member's position subject to the holdover provisions in Section 2-1-27 of the City Code. This does not apply to an absence due to illness or injury of the board member, an illness or injury of a board member's immediate family member, active military service or the birth or adoption of the board member's child for 90 days after the event. The board member must notify the staff liaison of the reason for the absence not later than the date of the next regular meeting of the board. Failure to notify the liaison before the next regular meeting of the board will result in an unexcused absence. At each meeting, each board member shall sign an attendance sheet which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign …
BOA fees are as follows (effective October 1, 2023): There is a reduced Residential Homestead Fee if the Liaison can verify in the Appraisal District’s website that it is the Homestead of the Homeowner listed on both the application & Appraisal District website. The reduced Residential Homestead fee does not apply to Commercial OR Sign variances, Interpretation or Appeal requests. Additional AE fee of $262 + AE Fee, will apply to all Variances and Special Exceptions other than Parking Variances only. Commercial and Residential (not homestead) Variance base fee $3,455.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 148.68 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $4,127.58 Special Exceptions Commercial & Residential (not homestead) Variance base fee $3,455.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 148.68 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $4,127.58 Residential (homestead) Variance base fee $ 500.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 30.48 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $1,054.38 Special Exceptions Residential (homestead) Variance base fee $ 500.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 30.48 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $1,054.38 Zoning Interpretations & Appeals Commercial and Residential Variance base fee $2,552.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 112.56 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $3,188.46 Commercial Sign variances Variance base fee $3,455.00 Basic Notification Fee $ 261.90 4% Tech Surcharge Fee $ 148.68 AE fee + $ 262.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TOTAL fee $4,127.58
A COMMUNITY GUIDE TO THE CITY OF AUSTIN'S BOARD OF ADJUSTMENT: Practical Tips for Zoning Variances, Special Exceptions and Administrative Appeals Approved by the Board of Adjustment, on April 13, 2015, and prepared in collaboration with the City Law Department and Development Services Department. Chair Vice Chair Boardmembers: Don Leighton-Burwell, Melissa Hawthorne, Brooke Bailey Jessica Cohen Ada Corral William Hodge Rahm McDDaniel Darryl Pruett Veronica Rivera Yasmine Smith Michael Von Ohlen Legal Advisors: Lee Simmons Steven Maddoux Staff Support: Elaine Ramirez Diana Ramirez - Common examples of hardship include restraints, unusually if they are wants to preserve topographical lot shapes. Trees may constitute required them. lots with steep slopes, small lot area, or irregular or if an applicant to be preserved a hardship, - Personal troubles hardship. focus primarily circumstances, with neighbors, An applicant cannot be the sole basis for finding a but should may mention on characteristics such factors, itself. such as financial of the property or difficulties A hardship cannot be self-created. - An applicant based on conditions for a permit or site plan cannot claim a hardship for creating. that he or she is responsible - For example, if a structure is designed in a manner that fails to comply with regulations, hardship. Or, if a landowner pieces, hardship. the structure's subdivides he or she can't rely on their irregular shape to prove a a lot into irregular non-compliance isn't a A hardship where it's located. must be unique to the property, not general to the area - If steep slopes then neither hardship by itself. or small lots are common to a particular condition is sufficiently unique to constitute area, a - If a lot is entitled automatically relaxes small lots, then of a hardship. evidence the understanding area, development regulations. certain lot amnesty," under city code to "small which regulations for development be relied on as lot size alone should not with was approved of minimum lot Small lot amnesty that, with the exception would meet other site development - The City's example, regulations alone cannot be the hardship. cannot request a height variance and For an applicant BOA Community Guidebook -10 variance, different "hardship." the criteria kinds of situation exception and don't necessarily can be tailored require to address of for a special a showing In 2011, the City of Austin adopted a special exception designed periods required summarize followed to address of time …
BOARD OF ADJUSTMENT RULES OF PROCEDURE Approved by the Board of Adjustment on February 11, 2019 ARTICLE I. GENERAL PROVISIONS (A) Legal Authority & Jurisdiction. (1) The Board of Adjustment (“BOA” or “Board”) is a sovereign board established by the City Council pursuant to Subchapter A of Chapter 211 of the Texas Local Government Code (“Chapter 211”). The BOA derives its authority from state law, as well as City Code § 2-1-111 (Board of Adjustment) and Chapter 25-2 (Zoning). (2) As stated in Chapter 211 and the City Code, the BOA’s primary functions are to hear and decide: Requests for variances from site development regulations adopted under Chapter 25-2, Subchapter C (Use and Development Regulations) and from certain sign regulations under Chapter 25-10 (Sign Regulations); Requests for special exceptions from site development regulations, where expressly authorized by Code; and (c) Appeals of administrative decisions made in the enforcement and administration of City zoning regulations and decisions made in the enforcement of Chapter 211. (B) Rules of Procedure. (1) These Rules of Procedure (“Rules”) establish standards, guidelines, and requirements for: (a) the conduct of public hearings and the resolution of cases before the BOA; (b) applications for variances or administrative appeals; and processing of applications for variances and administrative appeals filed with the Development Services Department; and notification to the BOA of the filing of an application for a variance and administrative appeals. (a) (b) (c) (d) BOA Rules of Procedure – Page 1 of 16 (2) In the event of a conflict with City Code, Chapter 211 or other applicable law, the Code, Chapter 211 or other law supersedes these Rules. (3) Applicants should familiarize themselves with these Rules before filing an application or presenting a case to the BOA for decision. For more detailed information regarding Board and the rules for variances, special exceptions, and appeals, see the Board of Adjustment Community Guidebook, at: https://www.austintexas.gov/sites/default/files/files/Planning/Applicati ons_Forms/Board_of_Adjustment_Guidebook__July_2015_.pdf ARTICLE II. REQUIREMENTS FOR REQUESTING BOARD ACTION (A) Complete Application Required. All requests to the BOA shall be filed on an application form provided by the staff liaison. The staff liaison shall determine if an application is complete before accepting it for filing. (B) Timing of Submittal & Other Application Requirements. (1) Variances & Special Exceptions. (a) Except as provided in Paragraph (B)(1)(b), below, an application for a variance or special exception may be filed at any time provided that the Development Services …
A COMMUNITY GUIDE TO THE CITY OF AUSTIN'S BOARD OF ADJUSTMENT: Practical Tips for Zoning Variances, Special Exceptions and Administrative Appeals Approved by the Board of Adjustment, on April 13, 2015, and prepared in collaboration with the City Law Department and Development Services Department. Chair Vice Chair Boardmembers: Don Leighton-Burwell, Melissa Hawthorne, Brooke Bailey Jessica Cohen Ada Corral William Hodge Rahm McDDaniel Darryl Pruett Veronica Rivera Yasmine Smith Michael Von Ohlen Legal Advisors: Lee Simmons Steven Maddoux Staff Support: Elaine Ramirez Diana Ramirez - Common examples of hardship include restraints, unusually if they are wants to preserve topographical lot shapes. Trees may constitute required them. lots with steep slopes, small lot area, or irregular or if an applicant to be preserved a hardship, - Personal troubles hardship. focus primarily circumstances, with neighbors, An applicant cannot be the sole basis for finding a but should may mention on characteristics such factors, itself. such as financial of the property or difficulties A hardship cannot be self-created. - An applicant based on conditions for a permit or site plan cannot claim a hardship for creating. that he or she is responsible - For example, if a structure is designed in a manner that fails to comply with regulations, hardship. Or, if a landowner pieces, hardship. the structure's subdivides he or she can't rely on their irregular shape to prove a a lot into irregular non-compliance isn't a A hardship where it's located. must be unique to the property, not general to the area - If steep slopes then neither hardship by itself. or small lots are common to a particular condition is sufficiently unique to constitute area, a - If a lot is entitled automatically relaxes small lots, then of a hardship. evidence the understanding area, development regulations. certain lot amnesty," under city code to "small which regulations for development be relied on as lot size alone should not with was approved of minimum lot Small lot amnesty that, with the exception would meet other site development - The City's example, regulations alone cannot be the hardship. cannot request a height variance and For an applicant BOA Community Guidebook -10 variance, different "hardship." the criteria kinds of situation exception and don't necessarily can be tailored require to address of for a special a showing In 2011, the City of Austin adopted a special exception designed periods required summarize followed to address of time …
BOARD OF ADJUSTMENT RULES OF PROCEDURE Approved by the Board of Adjustment on February 11, 2019 ARTICLE I. GENERAL PROVISIONS (A) Legal Authority & Jurisdiction. (1) The Board of Adjustment (“BOA” or “Board”) is a sovereign board established by the City Council pursuant to Subchapter A of Chapter 211 of the Texas Local Government Code (“Chapter 211”). The BOA derives its authority from state law, as well as City Code § 2-1-111 (Board of Adjustment) and Chapter 25-2 (Zoning). (2) As stated in Chapter 211 and the City Code, the BOA’s primary functions are to hear and decide: Requests for variances from site development regulations adopted under Chapter 25-2, Subchapter C (Use and Development Regulations) and from certain sign regulations under Chapter 25-10 (Sign Regulations); Requests for special exceptions from site development regulations, where expressly authorized by Code; and (c) Appeals of administrative decisions made in the enforcement and administration of City zoning regulations and decisions made in the enforcement of Chapter 211. (B) Rules of Procedure. (1) These Rules of Procedure (“Rules”) establish standards, guidelines, and requirements for: (a) the conduct of public hearings and the resolution of cases before the BOA; (b) applications for variances or administrative appeals; and processing of applications for variances and administrative appeals filed with the Development Services Department; and notification to the BOA of the filing of an application for a variance and administrative appeals. (a) (b) (c) (d) BOA Rules of Procedure – Page 1 of 16 (2) In the event of a conflict with City Code, Chapter 211 or other applicable law, the Code, Chapter 211 or other law supersedes these Rules. (3) Applicants should familiarize themselves with these Rules before filing an application or presenting a case to the BOA for decision. For more detailed information regarding Board and the rules for variances, special exceptions, and appeals, see the Board of Adjustment Community Guidebook, at: https://www.austintexas.gov/sites/default/files/files/Planning/Applicati ons_Forms/Board_of_Adjustment_Guidebook__July_2015_.pdf ARTICLE II. REQUIREMENTS FOR REQUESTING BOARD ACTION (A) Complete Application Required. All requests to the BOA shall be filed on an application form provided by the staff liaison. The staff liaison shall determine if an application is complete before accepting it for filing. (B) Timing of Submittal & Other Application Requirements. (1) Variances & Special Exceptions. (a) Except as provided in Paragraph (B)(1)(b), below, an application for a variance or special exception may be filed at any time provided that the Development Services …
BOA MEETING DATES FOR 2025 301 W 2ND STREET, AUSTIN TEXAS CITY COUNCIL CHAMBERS-ROOM 1001 2ND MONDAY OF THE MONTH January 13, 2025 February 10, 2025 March 10, 2025 April 11, 2025 May 12, 2025 June 9, 2025 July 14, 2025 August 11, 2025 September 8, 2025 October 13, 2025 November 10, 2025 December 8, 2025
Case No. 24-000021 BA Motion to Reconsider C15-2024-0025 Property Address: 6708 Bridge Hill Cove Appealed Permits: BP-2023-129658 and BP-2023-129659 Presented By: Nicholl Wade, on behalf of Appellant ITEM02/1-PRESENTATION/APPELLANT Pending Questions from September Hearing Plat Date Were the Administrative Rules for Vested Rights posted on the City’s website? Application of LDC § 25-2-963(C) Reactivation of 2023-129658 BP prior to a vested rights determination ITEM02/2-PRESENTATION/APPELLANT 6708 Bridge Hill Cove Plate Date o Plate Date = June 29, 1982 o Different LA Zoning regulations apply if a property was platted after April 22, 1982 o Here, the stricter provisions apply o The application was executed April 30, 1982 ITEM02/3-PRESENTATION/APPELLANT DSD Did Not Post the Administrative Rules on the City’s Website § 25-1-545 - ADMINISTRATIVE GUIDELINES (A) The director may adopt guidelines to assist in reviewing applications under Section 25-1-533 (Vested Rights Petition Required), Section 25-1-544 (Project Consent Agreements), and Section 25-1-553 (Managed Growth Agreements). (C) Guidelines adopted under this section shall be posted on the department's website and made available to the public, but need not be adopted by administrative rule under Section 1-2 (Adoption of Rules). ITEM02/4-PRESENTATION/APPELLANT Land Development Code § 25-2-963(C) o Noncomplying structure limitations on development o 2023 permits based on a plan review that had incorrect information on IC o No penalties associated with unpermitted construction in 2021, which added IC o No penalties associated with submitting a false plan review application o The Approved Plan adds a foundation for the Pool House and IC ITEM02/5-PRESENTATION/APPELLANT Land Development Code § 25-2-963(C) “(A)(2) Replacement or alteration of an original foundation may not change the finished floor elevation by more than one foot vertically, in either direction.” “(C) Except as provided in Subsections (E) and (F), a person may not modify or maintain a noncomplying structure in a manner that increases the degree to which the structure violates a requirement that caused the structure to be noncomplying.” The Approved Plan is adding foundation and increasing IC. ITEM02/6-PRESENTATION/APPELLANT Land Development Code § 25-2-963(C) “The Building Official has determined will necessitate removal of existing unpermitted impervious cover prior to final inspection.” DSD Findings on Reconsideration for Vested Rights at 6708 Bridge Hill Cove. No checks and balances in place to ensure compliance, i.e., where is the IC decreasing and what are the compliance mechanisms? BOA Findings: “An appeal of use provisions could clearly permit a use which is in …
6708 Bridge Hill CV ITEM02/1-PRESENTATION/OWNER 6708 BRIDGE HILL CV • • The Development Officer and the Building Official have both confirmed the original single family principal and accessory structures completed in 1989 with a Certificate of Occupancy were not subject to “LA” zoning requirements because the plat was initiated before annexation. The only impervious cover added by me as current owner of 6708 Bridge Hill Drive is the 290 sq. ft. front entry/master closet addition in 2022. ITEM02/2-PRESENTATION/OWNER 6708 BRIDGE HILL CV • Neither the City, nor Appellant, nor me, as owner of 6708 Bridge Hill Drive, know exactly how much impervious cover was developed at the time of the Certificate of Occupancy. Official records were not kept at that time and Appellant relies on a survey done before pool and patio construction were added and before the C of O, leading to speculation and assumptions based upon what can be seen from old aerial photography. ITEM02/3-PRESENTATION/OWNER 6708 BRIDGE HILL CV • The Building Official has made no error in interpreting the applicable zoning requirements: what was there in 1989 is in 1984 on the grandfathered (as well as what was built Appellant’s lot). The Building Official has gathered the best available information as to how much impervious cover was on the site after the Certificate of Occupancy was issued and has stated that is allowed upon completion of the remodel project. A development plan has been presented that fulfills the stated maximum allowed Impervious Cover determined by the Building Official. is the maximum amount that ITEM02/4-PRESENTATION/OWNER 6708 BRIDGE HILL CV • • As the owner I accept that I must account for improvements made by my predecessors and limit the impervious cover on my lot based on what the Building Official has determined was grandfathered in 1989. This will likely require removing some or all of the circle drive added by my predecessor. The Building Official has determined from all the available surveys and aerial photography that 12,811 sq. ft. of impervious cover was the minimum amount developed at the Certificate of it was less, but Occupancy in 1989. Appellant speculates that concedes his argument is based upon assumptions of how much decking was added after the McMinn survey was completed and before the Certificate of Occupancy was issued. the time of ITEM02/5-PRESENTATION/OWNER 6708 BRIDGE HILL CV • The Holt Carson survey of 2021 shows there was 14,860 sq. …
Call to Action: Improve Learning Environment & Grow Knowledge! Rezoning Case – C14-2024-0051 Process: • • Neighborhood Meetings • • Board of Adjustment Case (this case) Conditional Use Permit – SP-2024-0379D • Rawson Saunders School for Dyslexics – C15-2024-0031 • City of Austin – Board of Adjustments – October 14, 2024 ITEM04/1-PRESENTATION • Rawson Saunders School for Dyslexics – C15-2024-0031 • City of Austin – Board of Adjustments – October 14, 2024 ITEM04/2-PRESENTATION Laura Rawson Saunders School for Dyslexics – C15-2024-0031 City of Austin – Board of Adjustments – October 14, 2024 ITEM04/3-PRESENTATION CONSTRAINTS Rawson Saunders School for Dyslexics – C15-2024-0031 City of Austin – Board of Adjustments – October 14, 2024 ITEM04/4-PRESENTATION REQUESTED RELIEF: IMPERVIOUS COVER (45% TO 60%) Rawson Saunders School for Dyslexics – C15-2024-0031 City of Austin – Board of Adjustments – October 14, 2024 ITEM04/5-PRESENTATION REQUESTED RELIEF: BUILDING COVER (40% TO 60%) Rawson Saunders School for Dyslexics – C15-2024-0031 City of Austin – Board of Adjustments – October 14, 2024 ITEM04/6-PRESENTATION REQUESTED RELIEF: SETBACKS Rawson Saunders School for Dyslexics – C15-2024-0031 City of Austin – Board of Adjustments – October 14, 2024 ITEM04/7-PRESENTATION REQUESTED RELIEF: HEIGHT Rawson Saunders School for Dyslexics – C15-2024-0031 City of Austin – Board of Adjustments – October 14, 2024 ITEM04/8-PRESENTATION Variance to 25-2-832 – Private Schools & pavement width Rawson Saunders School for Dyslexics – C15-2024-0031 City of Austin – Board of Adjustments – October 14, 2024 ITEM04/9-PRESENTATION ITEM04/10-PRESENTATION
3201 E SH-71 SVRD BOA - C15-2024-0032 Michele Rogerson Lynch Metcalfe Wolff Stuart & Williams ITEM05/1-PRESENTATION 25-2-814 – Service Station Use Must be screened from the street by a building or landscape buffer that includes shade tree. Compliant with buffer May not have more than 16 fuel dispensers Compliant with only 12 May not have more than eight vehicle queue lanes Proposing 12 ITEM05/2-PRESENTATION Transportation Criteria Manual Figure 9-10 Identifies outdated options for double stacking canopies and pumps More car conflicts vs pulling straight Not able to double stack due to site through constraints Intended for safe circulation and queuing with distance measurements Project compliant despite double stacking graphic example ITEM05/3-PRESENTATION TCM Figure 9-10 Purple = queue lanes ITEM05/4-PRESENTATION Purple = Queue lanes ITEM05/5-PRESENTATION Site Layout ITEM05/6-PRESENTATION ITEM05/7-PRESENTATION ITEM05/8-PRESENTATION ITEM05/9-PRESENTATION ITEM05/10-PRESENTATION ITEM05/11-PRESENTATION ITEM05/12-PRESENTATION ITEM05/13-PRESENTATION Hwy. 71 and Royster 10 pumps; 10 queue lanes ITEM05/14-PRESENTATION Summary Reasonable Use times Hardship and AE easement Area Character Outdated regulations Newer designs are more safe Newer designs allow for better air quality – less wait Limitations due to throat length, stormwater pond Not negatively altered by proposing safer design Site Plan in review with City BOA previously discussed revising criteria with CodeNext ITEM05/15-PRESENTATION
705 BROWNLEE CIRCLE VARIANCE REQUEST: IMPERVIOUS COVER & FAR Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 COVER SHEET 1 ITEM6/1-PRESENTATION Friday, September 20, 2024 BRWN 705 Brownlee Circle Austin, Texas 78703 LOCATION MAP & SURVEY 2 ITEM6/2-PRESENTATION Required Findings Reasonable Use: Hardship: Area Character: The zoning regulations applicable to the property do not allow for a reasonable use because: The zoning regulations do permit a reasonable use via MF-3 Zoning, a zoning that the clients received via a many months-long arduous re-zoning process, against the preferences of the neighborhood, to accommodate what the newly enacted HOME ordinance now nearly fully accommodates. The owners, with the anticipated support of the neighborhood, wish to adhere to SF-3 use that reflects the lower impact build that was always their intent. The intended use's zoning does not allow for a reasonable use because: A: Impervious Cover: The impervious cover limit of the desired SF-3 use (.45) provides inadequate hardscape needed for one of the residents, confined to a wheelchair, to access the majority of the site. Note: The owners are committed to the use of pervious concrete for the driveway and parking areas which will lessen the impact of the variance request. B: Square Footage: The overall design of the home does comply with the gross square footage permissible under the new HOME ordinance, however, the FAR of the primary unit exceeds the single-unit limit due to the square footage required for a van-accessible 2-car garage, an elevator and associated landings on multiple floors. A) The hardship for which the variance is requested is unique to the property in that: The clients are required to have a zoning they don't prefer, and that the neighborhood doesn't want, in order to comply with the basic accessibility clearances needed to accommodate the multi-generational home, with a unit for live-in medical help, that was always the intent and that is now accommodated by the new HOME ordinance. B) the hardships is not general to the area in which the property is located because: The only area on the site that accommodates the garage, its access, turning radii, the elevator, stair, and the required landings and their clearances, is behind the existing structure which necessitates more driveway coverage to access. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and …
