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: …
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 …
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: …
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.
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
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) …
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 …
June 26, 2020 Katherine Moltz 14231 Tandem Blvd Austin TX, 78728 Re: C16-2020-0003 Property Description: LOT 1A BLK A WELLS BRANCH PHS A SEC 5 A AMD LTS 1 & 2 BLK A Dear Katherine , Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a sign variance(s) from the following section of the Land Development Code: Section 25-10-124 (Scenic Roadway Sign District) (B) (1) (b) to increase the maximum sign area on from 64 square feet (allowed) to 247.87 square feet (requested) Section 25-10-125 (B) (2) from 12 feet (allowed) to 30 feet (requested) overall height in order to erect an architectural feature/pylon Free-standing sign located at this site in the “2 mi.-ETJ”, Scenic Roadway Sign District. Austin Energy does not oppose the above sign variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
June 26, 2020 John Peet 1711 Waterston Ave Austin TX, 78703 Re: C15-2020-0029 Property Description: E42.5FT OF N125FT OF LOT 10 BLK 14 MAAS ADDN Dear John, 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 (Site Development Regulations); 1. Setback requirements to decrease the minimum interior side setback from 5 feet (required) to 2. Setback requirements to decrease the minimum rear yard setback from 10 feet (required) to 5 3ft. 6 in. (requested); feet (requested); 3. Building Cover requirements to increase from 40% (maximum allowed) to 55% (requested); 4. Impervious Cover requirements to increase from 45% (maximum allowed) to 65% (requested); In order to construct an addition to an existing Single-Family residence in an “SF-3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Old West Austin Neighborhood Plan) Austin Energy does not oppose the above variance requests provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
June 26, 2020 Janis Smith PE 4726 Bunny Run Austin TX, 78746 Property Description: LOT 34 LAKE SIDE ADDN Re: C15-2020-0030 Dear Janis, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance variance(s) from the following section from the Land Development Code; Section 25-2-963 (Modification and Maintenance of Non-Complying Structures) from (D) (2) (a); to move the existing docks by consolidating the structures into one single dock, which will conform to a code-compliant location and raise the top of the rail elevation on the 2-slip dock from 13 ft. to 16 ft. In order to erect a boat dock in an “LA”, Lake Austin zoning district. Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
1711 WATERSTON AVENUE ADDITION JULY 13, 2020 BOA MEETING CASE #: C15-2020-0029 PRESENTER: RYAN BOLLOM, AIA 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 …
From: To: Cc: Subject: Date: Ramirez, Elaine C15-2020-0029 - Failure to provide Notice of Variance Sunday, July 12, 2020 4:28:33 PM *** External Email - Exercise Caution *** Ms. Ramirez: I live at 1105 Toyath St. My property borders the property, 1711 Waterston, that is seeking a variance. I never received the 10-day notice letter for the July 13 Board of Adjustments meeting that will address 1711 Waterston’s request for several variances. I oppose the variance requests and ask that you accept this email as my official response. This morning, July 12, my neighbor asked me if I was attending the virtual meeting tomorrow, Monday, July 13. This was the only time I received notice of the meeting. The owner’s of 1711 Waterston did send me a note and said the BOA meeting was going to be held on July 13, but since I never received notice from the City, I presumed the hearing on their variance was postponed. I will be attending and will sign up to voice my opposition to this variance request. Thank you. Olivia Ruiz Olivia B. Ruiz Board Certified - Civil Trial Law Texas Board of Legal Certification Law Office of Olivia B. Ruiz P.O. Box 50142 Austin, Texas 78763 512. 569.5546 Office 512.233.2622 Fax -- This message and any attached documents or files contain information that is confidential and may be protected by attorney privilege. Unless you are a listed recipient of this message, you may not read, use, copy or disclose the contents of the message or any attachment to anyone. If you have received this message in error, please "reply to" the sender indicating your receipt of the message, and securely delete the message and any attachments. E-1/LATE BACKUP1 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. E-1/LATE BACKUP2 E-1/LATE BACKUP3 E-1/LATE BACKUP4 E-1/LATE BACKUP5 E-1/LATE BACKUP6 From: To: Subject: Date: Kindra Welch Ramirez, Elaine Re: case C15-2020-0029 Friday, July 10, 2020 6:14:03 AM Sorry Elaine… typo fixed in the letter below :) To whom it may concern; I would like to express my support for the variances requested by homeowners at 1711 Waterston St. case #C15-2020-0029. The setback variances they are requesting are reasonable tradeoffs to create more space …
ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTERS 25-1, 25-2, 25-5, 25-7, AND 25-8 RELATING TO THE LAKE AUSTIN ZONING DISTRICT AND THE REGULATION OF BOAT DOCKS, BULKHEADS, AND SHORELINE ACCESS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 11. City Code Section 25-2-1176 (Regulations) is amended to read : § 25-2-1176 SITE DEVELOMENT REGULATIONS FOR DOCKS, MARINAS, AND OTHER LAKEFRONT USES. (A) A [A site plan] dock or similar structure must comply with the requirements of this subsection . (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. (2) The length of a dock from the shoreline may not exceed 20% of the lake channel, as measured from the shoreline where the dock is located and continuing to the opposite shoreline. (3) A dock may not be constructed closer than 10 feet to the side property line, regardless of the side- yard setback generally applicable within the base zoning district. (4) The width of a dock measured parallel to the shoreline of the lot or tract where the dock is proposed, and including all access and appurtenances, may not exceed: (a) 20 percent of the shoreline width, if the shoreline width exceeds 70 feet; (b) 14 feet, if the shoreline width is no greater than 70 feet. (5) The footprint of a dock, including the portion of a cut-in slip, attached access structures, or roof overhang, may not exceed: (a) 1,200 square feet for a dock that is accessory to a principal residential use; (b) for a cluster dock, 600 square feet multiplied by: (i) the number of dwelling units in a multifamily development; or (ii) the number of principal residential structures in a subdivision, if: the dock will be located in a common area that fronts Lake Austin or Lady Bird Lake; and lots within the subdivision have perpetual use rights to the common area. (6) And so on Property ID #564451 Owner per Tax roles: Blake Kelly Jo Herrin E-2/LATE BACKUP 1 E-2/LATE BACKUP 2 WILLIAM B. NALLE 4615 Bunny Run Austin, Texas 78746 6 July 2020 City of Austin Board of Adjustment Attention: Ms. Elaine Ramirez Re: Kubiak Boat Dock—4726 Bunny Run Case Number : C 15-2020-0030 Dear Board Members: I live on …
From: To: Subject: Date: Attachments: Jeff Blatt Ramirez, Elaine Fwd: 1401 E 3rd St > advance packet / presentation Wednesday, July 01, 2020 8:12:25 AM 1401 E 3rd St reconsideration backup.pdf *** External Email - Exercise Caution *** Please find my presentation package attached. The only addition that I would have is that I was never informed that the property that was built was out of the setback requirments. Quite the contrary the contractor built the property where the survey company laid out the proper place that it was to go. The required placement of the property can not be changed without knocking down the entire property, for which I have come up with what I was told should be a suitable fix to the problem by addressing the fire safety issue and fully sprinklering the building, removing doors in the back and openings to provide property with greater fire rating. I understand that the property owner to the East (1403 E 3rd St) objects to the design of the property, but the property that is designed next if the property were to be forced to be knocked down will ultimately be the same design as the lot is a very small and narrow lot. Thank you and if I need more information please let me know. Elaine Truly Jeff Blatt 512 554 3647 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. G-1/LATE BACKUP 1 From: To: Subject: Date: Barbara Joyce Ramirez, Elaine case num C15-2020-0020 Monday, July 06, 2020 10:16:31 AM *** External Email - Exercise Caution *** Regarding 1401 E 3rd St. Ms. Ramirez, I do not support a land development code variance at 1401 E 3rd St. There are many reputable builders who have constructed housing in this neighborhood, and have used good practices, good materials, and produced a quality product in the end. This does not apply to this builder in any way. We used Newcastle Homes to build our house, and followed all of the zoning and other rules. If you can't do that, you shouldn't be building in Austin. Respectfully, Barbara Joyce 1213 E 2nd St CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use …
CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C15-2020-0010 ITEM # F-1 DATE: Monday, July 13, 2020 ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___-____Ada Corral OUT ___Y____Melissa Hawthorne ___Y____William Hodge ___-____Don Leighton-Burwell ABSTAINED ___Y____Rahm McDaniel ___N____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Travis Young OWNER: Daniel and Amy Coops ADDRESS: 71 JULIUS ST VARIANCE REQUESTEDThe applicant is requesting a variance(s) from Section 25-2-721 (Waterfront Overlay (WO) Combining District Regulations) to (C) (1) and (2) from secondary setback area to allow construction of a home and increase the maximum allowable impervious cover from 30% (allowed) to 36.8% (requested) in order to erect a single-family residence with a detached garage and guest house in a SF-3-NP”, Single-Family Residence – Neighborhood Plan zoning district (Holly Neighborhood Plan). Note: Per LDC 25-2-721Waterfront Overlay (WO) Combining District Regulations (C) In a secondary setback area: (1) permitted; and (2) BOARD’S DECISION: BOA MEETING FEB 5, 2020 POSTPONED TO MARCH 9, 2020 BY APPLICANT DUE TO SHORTAGE OF BOARD MEMBERS (LEIGHTON- BURWELL ABSTAINING); MARCH 9. 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Darryl Pruett motions to Postpone to April 13, 2020, Board Member Brooke Bailey seconds on a 10-1 vote (Board member Don Leighton-Burwell abstained); POSTPONED TO APRIL 13, 2020. April 13, 2020 fountains, patios, terraces, outdoor restaurants, and similar uses are impervious cover may not exceed 30 percent. Due to the on-going need for social-distancing while we continue our efforts as a community to address the health concerns around COVID-19 , our Chair of BOA Chair, Don Leighton-Burwell has postponed our April 13, 2020 Board of Adjustment meeting until the next scheduled date on May 11, 2020. This will include all previously postponed cases slated to be heard at the April 13th meeting; those will now be heard at the May 11, 2020 meeting; May 11, 2020 The public hearing was closed by Vice-Chair Melissa Hawthorne, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Jessica Cohen seconds on an 11-0 vote (Chair Don Leighton-Burwell abstained); POSTPONED TO JUNE 8, 2020. June 8, 2020 The public hearing was closed by Michael Von Ohlen, Board Member Rahm McDaniel motions to postpone to July 13, 2020, Board Member William Hodge seconds on an 11-0-1 vote (Board member Don Leighton-Burwell abstained); POSTPONED TO JULY 13, 2020. July 13, 2020 …
CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday July 13, 2020 CASE NUMBER: C15-2020-0020 ITEM # G-1 ___-____Brooke Bailey OUT ___N____Jessica Cohen ___-____Ada Corral OUT ___Y____Melissa Hawthorne ___-____William Hodge ABSTAINED ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___N____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___N____Michael Von Ohlen ___N____Kelly Blume (Alternate) ___N____Martha Gonzalez (Alternate) OWNER/APPLICANT: 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 Board member Melissa Hawthorne motions to reconsider the reconsideration request, Board member Rahm McDaniel seconds on 5-5 votes (Board members Jessica Cohen, Darryl Pruett, Michael Von Ohlen, Kelly Blume and Martha Gonzalez nay); RECONSIDERATION REQUEST DENIED. 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: ______________________________ ____________________________ Elanie Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez
CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday July 13, 2020 CASE NUMBER: C15-2020-0029 ITEM # E-1 ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___-____Ada Corral OUT ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Ryan Bollum OWNER: John Peet ADDRESS: 1711 WATERSTON AVE VARIANCE REQUESTED: The applicant is requesting a variance(s) from Section 25-2-492 (Site Development Regulations) from 1. 5 feet (required) to 3ft. 6 in. (requested) 2. feet (required) to 5 feet (requested) 3. 55% (requested) 4. to 65% (requested) in order to construct an addition to an existing Single-Family residence in an “SF- 3-NP”, Single-Family Residence-Neighborhood Plan zoning district. (Old West Austin Neighborhood Plan) BOARD’S DECISION: July 13, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Melissa Hawthorne motions to Postpone to August 10, 2020, Board Member Jessica Cohen seconds on a 11-0 vote; POSTPONED TO AUGUST 10, 2020. FINDING: Setback requirements to decrease the minimum interior side setback from Setback requirements to decrease the minimum rear yard setback from 10 Impervious Cover requirements to increase from 45% (maximum allowed) Building Cover requirements to increase from 40% (maximum allowed) to 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 Don Leighton-Burwell Chairman Diana Ramirez
CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday July 13, 2020 CASE NUMBER: C15-2020-0030 ITEM # E-2 ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___-____Ada Corral OUT ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Janis J. Smith, PE OWNER: Robert Kubiak ADDRESS: 4726 BUNNY RUN VARIANCE REQUESTED: The applicant is requesting a variance(s) from LDC Section 25-2-963 (Modification and Maintenance of Non-Complying Structures) from (D) (2) (a) to move the docks by consolidating them into one dock in a code- compliant location and raise the top of the rail elevation on the 2-slip dock from 13 ft. to 16 ft. in order to erect a boat dock in an “LA”, Lake Austin zoning district. Note: LDC 25-10-963 states the following: (D) The following requirements must be met in order to repair, reinforce, modify, or maintain a non-complying dock, bulkhead, or shoreline access as defined in Section 25-2-1172 (Definitions): (2) except as allowed under Section 25-8-652 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long):(a) the location and footprint may not be altered; and (b)the degree of noncompliance may not be increased. BOARD’S DECISION: July 13, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant, Board Member Melissa Hawthorne seconds on an 11-0 vote; GRANTED. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the property currently has two separate grandfathered non-compliant boat docks on the lake Austin with a total of three slips, one dock has 2 slips and is closer than 10 feet from the property line while the other dock has 1 slip, is on the property line and is partially enclosed. 2. (a) The hardship for which the variance is requested is unique to the property in that: the legal constraints of the property didn’t allow changes to the dock location on the 1 slip dock, which is right on top of the property line and partially enclosed and air- conditioned for 55 years, the private limitations on changes to the dock have now been removed. (b) The hardship is not general to the area in which the property is located because: easements to use docks personally owned by others are rare on the lake, this easement established …
