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
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 …
DATE: Monday, July 13, 2020 CASE NUMBER: C16-2020-0002 CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM # D-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 ___N____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Alkesh Patel OWNER: Loin Veldt ADDRESS: 2600 BROCKTON DR VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to allow for one (1) 6 ft. tall freestanding monument sign and two (2) 217 sq. ft. wall signs, all illuminated in order to provide signage for the new Hilton Garden Inn in a “NBG-NP”, North Burnet/Gateway – Neighborhood Plan zoning district. (North Burnet) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: 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 Melissa Hawthorne seconds on an 11-0 vote; POSTPONED TO JUNE 8, 2020. (RE-NOTICE) RENOTICE: VARIANCE REQUEST: The applicant is requesting a sign variance(s) from the Land Development Code: Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) a) (C) to exceed sign area from one (1) 150 sq. ft. (maximum allowed) to two (2) 217 sq. ft. each (requested) wall signs on South and West sides. Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) b) (G) illuminate both signs in order to provide signage for the new Hilton Garden Inn in a “NBG-NP”, North Burnet/Gateway – Neighborhood Plan zoning district. (North Burnet) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. Applicant is proposing face-lit signs illuminated by LEDs. BOARD’S DECISION: JUNE 8 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant only the south building elevation sign and Deny the west elevation sign, Board Member Rahm McDaniel seconds on an 11-0 vote; GRANTED ONLY THE SOUTH BUILDING ELEVATION SIGN AND DENIED THE WEST ELEVATION SIGN. APPLICANT FILED A RECONSIDERATION REQUEST FOR JULY 13, 2020. RECONSIDERATION REQUEST: July 13, 2020 Board member Michael Von Ohlen motions to reconsider the reconsideration request, Board …
CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C16-2020-0003 ITEM # C-1 DATE: Monday July 13, 2020 ___-____ Brooke Bailey OUT ___Y____Jessica Cohen ___-____ Ada Corral OUT ___N____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: Joe Bucher OWNER: Mark Schlossberg ADDRESS: 14231 TANDEM BLVD Section 25-10-125 (B) (2) from 12 feet (allowed) to 30 feet (requested) Section 25-10-124 (Scenic Roadway Sign District) (B) (1) (b) to increase the VARIANCE REQUESTED: 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) 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. BOARD’S DECISION: BOA MEETING July 13, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Deny, Board Member Rahm McDaniel seconds on a 10-1 vote (Board member Melissa Hawthorne nay); DENIED. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez
Special Meeting of the Board of Adjustment MINUTES 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 July 12, 2020 the scheduled meeting. 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 MEETING MINUTES July 13, 2020 The Board of Adjustment meeting convened on Monday, July 13 2020 via Videoconference; http://www.austintexas.gov/page/watch-atxn-live . Don Leighton-Burwell (Chair) called the Board Meeting to order at 5:51 p.m. Board Members in Attendance: Jessica Cohen, Melissa Hawthorne (Vice Chair),William Hodge, Don Leighton-Burwell (Chair), Rahm McDaniel, Darryl Pruett, Veronica Rivera, Yasmine Smith, Michael Von Ohlen, Kelly Blume (Alternate) and Martha Gonzalez (Alternate) Board Members Absent: Brooke Bailey and Ada Corral Board Staff in Attendance: Elaine Ramirez (Board Liaison) Lee Simmons (Board Attorney) Board Staff Absent: Diana Ramirez (Board Secretary) A. DISCUSSION AND REQUESTED ACTION ITEM A-1 On-Line Link: Item A-1 Staff requests approval of June 8, 2020 draft minutes Board Member Jessica Cohen motions to approve the minutes for June 8, 2020- Item P-2 clarification only needed to show abstention if only participating in vote, Board member Veronica Rivera seconds on a vote 10-0 (Board member Melissa Hawthorne abstained); APPROVED MINUTES FOR JUNE 8, 2020 FOR …
City of Austin Board of Adjustment August 10, 2020 Agenda Item D-2 C15-2020-0029 – 1711 Waterston Ave. By Olivia B. Ruiz, 1105 Toyath St. (rear boundary neighbor) Table of Lots are all within two to third blocks from 1711 Waterston Ave. All lots are classified as SF-3. This information is provided to the Board to address applicants’ complaint regarding the small size of their lot. The Table shows that their lot is not small and irregular (page D-2/7 of presentation). The characteristics of Clarksville has all sizes of lots that should be respected. Due to my time restrictions, I was unable to review lots sizes beyond four blocks of Waterston. Clearly 1711 Waterson’s size is closer to an SF-3 zoning and should be required to comply with SF-3 Restrictions. CAD Property ID Address 1711 Waterston OWNER Applicants Rosales, Meghann JPPSL LLC Halford, Robert Pike, John Viroli, Maurizio Stiegler, Ashley Baylor, Linda Troutman, Caren COA House Finance Baylor, Ronnie Huddleston, Gretchen Clarke, Stephen Schultz, Matthew McGee, George Rigler, Louis Stansberry, Brian Crago, Catherine Wright, Brandon Pratz, Barbara Property Size 5401 sq. ft. Lot 2918 sq. ft. Lot 3120 sq. ft. Lot 3138 sq. ft. Lot 3192 sq. ft. Lot 3267 sq. ft. Lot 3368 sq. ft. Lot 3370 sq. ft. Lot 3632 sq. ft. Lot 3365 sq. ft. Lot 3374 sq. ft. Lot 3379 sq. ft. Lot 3521 sq. ft. Lot 3521 sq. ft. Lot 3615 sq. ft. Lot 3610 sq. ft. Lot 3698 sq. ft. Lot 3845 sq. ft. Lot 4007 sq. ft. Lot 4162 sq. ft. Lot 100068 110064 110201 110131 110199 110063 110065 110062 110066 110067 110069 110342 110341 110200 110036 110343 110344 110198 110122 1607 West 10 St. 1615 West 10th St. 1614 West 14th St. 1616 West 12th St. 1610 West 14th St. 1617 West 10th St. 1613 West 10th St. 1619 West 10th St. 1611 West 10th St. 1609 West 10th St. 1605 West 10th St. 1729 West 10th St. 1731 West 10th St. 1612 West 14th St. 1103 Toyath St. 1727 West 10th St. 1725 West 10th St. 1608 West 14th St. 1617 Waterson Ave.
MINUTES Special Meeting of the Board of Adjustment Monday, May 11, 2020 Board of Adjustment to be held May 11, 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 (May 10 before Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the May 11 Board of Adjustment Meeting, residents must: •Call or email the board liaison at Elaine Ramirez @ elaine.ramirez@austintexas.gov or (512) 974-2202 no later than noon, (the day before the meeting). 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. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live A-1/1 MEETING MINUTES May 11, 2020 The Board of Adjustment meeting convened on Monday, May 11, 2020 via Videoconference; http://www.austintexas.gov/page/watch-atxn-live . Don Leighton-Burwell (Chair) called the Board Meeting to order at 5:35 p.m. Board Members in Attendance: Brooke Bailey, Ada Corral, Jessica Cohen, Melissa Hawthorne (Vice Chair), William Hodge, Don Leighton-Burwell (Chair), Rahm McDaniel, Darryl Pruett, Yasmine Smith, Michael Von Ohlen, Kelly Blume (Alternate) and Martha Gonzalez (Alternate) Board Members Absent: Veronica Rivera Board Staff in Attendance: Elaine Ramirez (Board Liaison) and Diana Ramirez (Board Secretary), Lee Simmons (Board Attorney) A. DISCUSSION AND REQUESTED ACTION ITEM Staff requests approval of March 9, 2020 draft minutes A-1 On-Line Link: Item A-1 Board Members motion to approve the minutes for March 9, 2020, on a vote 8-1 (Board member Michael Von Ohlen abstained); APPROVED MINUTES FOR March 9, 2020 B. DISCUSSION AND REQUESTED ACTION ITEM B-2 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda Item I-3 applicant requesting withdrawal and Item C-1 neighborhood association requesting postponement to June 8, 2020; Board members motions to Grant applicant’s withdrawal request for Item I-3 on a vote 11-0; …
DATE: Monday May 11, 2020 CASE NUMBER: C16-2020-0001 CITY OF AUSTIN Board of Adjustment Decision Sheet ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___*____Melissa Hawthorne (abstained) ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Jason Thumlert OWNER: Capital Metro Transportation Authority (Julie Barr) ADDRESS: 901, 1011, 1109, 1211 E. 5th Street and 1300 & 1304 E. 4th Street VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to allow for up to eighteen (18) illuminated wall signs in order to provide signage for a Mixed Use buildings in a “TOD-CURE-NP”, Transit Oriented District/Plaza Saltillo – Central Urban Redevelopment – Neighborhood Plan zoning district. (East Cesar Chavez) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA meeting May 11, 2020 Board member Jessica Cohen motions to Grant neighborhood associations postponement request to June 8, 2020, Board member Brooke Bailey seconds on a vote 11-0 (Board member Melissa Hawthorne abstained); POSTPONED TO JUNE 8, 2020. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, D-1 /1 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for D-1 /2 May 5, 2020 Jason Thumlert 901 E 5th St Austin TX, 78702 Property Description: Re: C16-2020-0001 Dear Jason, 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 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to allow for up to eighteen (18) illuminated wall signs; In order to provide signage for a Mixed Use buildings in a “TOD-CURE-NP”, Transit Oriented …
DATE: Monday, May 11, 2020 CASE NUMBER: C16-2020-0002 CITY OF AUSTIN Board of Adjustment Decision Sheet ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) _______Martha Gonzalez (Alternate) APPLICANT: Alkesh Patel OWNER: Loin Veldt ADDRESS: 2600 BROCKTON DR VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to allow for one (1) 6 ft. tall freestanding monument sign and two (2) 217 sq. ft. wall signs, all illuminated in order to provide signage for the new Hilton Garden Inn in a “NBG-NP”, North Burnet/Gateway – Neighborhood Plan zoning district. (North Burnet) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: 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 Melissa Hawthorne seconds on an 11-0 vote; POSTPONED TO JUNE 8, 2020. (RE-NOTICE) FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, D-2/1 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez forD-2/2 BOA SIGN REVIEW COVERSHEET RE-NOTIFICATION CASE: C16-2020-0002 BOA DATE: June 8, 2020 COUNCIL DISTRICT: 7 AGENT: Jennifer Garcia ADDRESS: 2600 Brockton Dr OWNER: Alkesh Patel ZONING: NBG-NP (North Burnet/Gateway) LEGAL DESCRIPTION: LOT 2 BLK A LONGHORN BUSINESS PARK NO 3 RESUB LT 2 & LTS A-B BLK A LONGHORN BUSINESS PARK NO 2 VARIANCE REQUEST: (updated) exceed sign area from one (1) 150 sq. ft. to two (2) 217 sq. ft. wall signs each and illuminate both signs SUMMARY: achieve appropriate signage ISSUES: proposed signs and location are in line with existing signs ZONING LAND USES Site …
DATE: Monday, May 11, 2020 CASE NUMBER: C16-2020-0002 CITY OF AUSTIN Board of Adjustment Decision Sheet ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) _______Martha Gonzalez (Alternate) APPLICANT: Alkesh Patel OWNER: Loin Veldt ADDRESS: 2600 BROCKTON DR VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to allow for one (1) 6 ft. tall freestanding monument sign and two (2) 217 sq. ft. wall signs, all illuminated in order to provide signage for the new Hilton Garden Inn in a “NBG-NP”, North Burnet/Gateway – Neighborhood Plan zoning district. (North Burnet) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: 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 Melissa Hawthorne seconds on an 11-0 vote; POSTPONED TO JUNE 8, 2020. (RE-NOTICE) FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, D-2/1 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez forD-2/2 BOA SIGN REVIEW COVERSHEET RE-NOTIFICATION CASE: C16-2020-0002 BOA DATE: June 8, 2020 COUNCIL DISTRICT: 7 AGENT: Jennifer Garcia ADDRESS: 2600 Brockton Dr OWNER: Alkesh Patel ZONING: NBG-NP (North Burnet/Gateway) LEGAL DESCRIPTION: LOT 2 BLK A LONGHORN BUSINESS PARK NO 3 RESUB LT 2 & LTS A-B BLK A LONGHORN BUSINESS PARK NO 2 VARIANCE REQUEST: (updated) exceed sign area from one (1) 150 sq. ft. to two (2) 217 sq. ft. wall signs each and illuminate both signs SUMMARY: achieve appropriate signage ISSUES: proposed signs and location are in line with existing signs ZONING LAND USES Site …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0022 BOA DATE: June 8, 2020 ADDRESS: 305 W. 45th St OWNER: Michael Synowiec COUNCIL DISTRICT: 9 AGENT: N/A ZONING: SF-3-HD-NCCD-NP (Hyde Park Neighborhood Conservation Combining District) LEGAL DESCRIPTION: W 39.5FT OF LOT 31-32 BLK 7 HYDE PARK ADDN NO 1 VARIANCE REQUEST: decrease minimum lot size to 1,985 sq. ft, decrease minimum lot width to 39 ft. and decrease parking spaces to 1 parking spot. SUMMARY: remodel and 2nd story addition ISSUES: lot size was developed before March 1946, impervious cover is insufficient for additional parking due to lot size ZONING SF-3-HD-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP Site North South East West MF-3-HD-NCCD-NP Single-Family Single-Family Single-Family Single-Family Multi-Family LAND USES NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group I-1/1 46TH 4 5 T H E P U L A D A U G E A U N E AV 44TH E B U N E V A E C U N E AV 46TH E D U N E AV 42N D 41S T ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2020-0022 305 W 45TH STREET 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 and represents only the approximate relative location of property boundaries. 1 " = 333 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Y A W D E E P S E F U N E AV E G U N E AV 43R D I-1/2 CITY OF AUSTIN Development Services Department One Texas Center | Phone: 512.978.4000 505 Barton Springs Road, Austin, Texas 78704 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. …
CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C15-2020-0010 DATE: Monday May 11, 2020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___Y____William Hodge ___*____Don Leighton-Burwell (abstained) ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Travis Young OWNER: Daniel and Amy Coops ADDRESS: 71 JULIUS ST VARIANCE REQUESTED The 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. P-2/1 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. 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 …
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CITY OF AUSTIN Board of Adjustment Decision Sheet CASE NUMBER: C15-2020-0016 DATE: Monday May 11, 2020 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___*____William Hodge (abstained) ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Veronica Rivera (out) ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___Y____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Chris Paladino OWNER: 4013 Clawson Road LLC (Chris Paladino) ADDRESS: 4013 CLAWSON RD VARIANCE REQUESTED: The applicant has requested variance(s) to Section 25-2 492 (D) (Site Development Regulations) to decrease the minimum lot width from 50 feet (required) to 34.8 feet (requested) for front lot and 49.82 feet (requested) for rear lot in order to subdivide the current lot into 2 lots and build 2 new single family homes and 2 new second dwelling units on each lot in a “SF-3”, Single- Family Residence zoning district. 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 Brooke Bailey seconds on an 11-0 vote (Board member William Hodge abstained); POSTPONED TO JUNE 8, 2020. 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: P-3/1 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez for P-3/2 BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0016 BOA DATE: April 13, 2020 ADDRESS: 4013 Clawson Rd OWNER: Chris Paladino COUNCIL DISTRICT: 5 AGENT: N/A ZONING: SF-3 LEGAL DESCRIPTION: S50 FT OF N 1/2 OF LOT 25-27 BANISTER HEIGHTS VARIANCE REQUEST: decrease minimum lot width from 50 ft. to 34.8 ft. (front lot) and decrease minimum lot width from 50 ft. to 49.82 ft. (rear lot) SUMMARY: complete future residential ISSUES: property is narrowest of its size in the vicinity ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found …
