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ITEM01 BOA DRAFT MINUTES JULY8, 2024 — original pdf
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MONDAY, July 8, 2024 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, July 8, 2024, at 6310 Wilhelmina Delco Drive in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:51 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Jeffery Bowen, Brian Poteet, Bianca A. Medina-Leal, Janel Venzant, Michael Von Ohlen, Suzanne Valentine (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Marcel Gutierrez-Garza, Yung-ju Kim Board Member/Commissioners absent: Maggie Shahrestani PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on June 10, 2024. On-Line Link: ITEM01 DRAFT MINUTES June 10, 2024 The minutes from the meeting June 10, 2024, were approved on Vice Chair’s Melissa Hawthorne motion, Board member Michaeal Von Ohlen second on a 10-0-1 vote (Board member Yung-ju Kim no vote-technical issues virtual). PUBLIC HEARINGS Discussion and action on the following cases. Previous Postponed Reconsideration cases: 2. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3, PART4; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code: Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback from 40 feet (required) to 20 feet (requested) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (east side) from 10 feet (required) to 5 feet (requested) shoreline setback requirements to decrease from 25 feet (required) to 0 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from in order to demolish and construct a new 2 story single-family residence attached to existing legal non-complying Boat House in a “LA”, Lake Austin zoning district. Note: This section of the Land Development Code applies to lots that are included in a subdivision plat recorded before April 22, 1982 or is a legal tract exempt from the requirement to plat. For the above address the Subdivision Plat was recorded on December 1, 1976 Land Development Code Section 25-2-551 Lake Austin (LA) District Regulations (A) …
ITEM02 C15-2024-0024 ADV PACKET AUG12_PART1 — original pdf
BOA GENERAL REVIEW COVERSHEET CASE: C15-2024-0024 BOA DATE: August 12th, 2024 ADDRESS: 2104 Westover Rd OWNER: Christi Lane COUNCIL DISTRICT: 10 AGENT: N/A ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: .17 AC OF LOT 3 BLK 4 BROWN HERMAN ADDN VARIANCE REQUEST: increase the fence height from eight (8) feet (maximum allowed) to twelve (12) feet (requested) SUMMARY: maintain 12 ft fence constructed without a permit ISSUES: original lot was diagonally bisected for development of Mopac ZONING SF-3-NP Site North UNZ South East Mopac frontage road West SF-3-NP SF-3-NP LAND USES Single-Family State owned land Single-Family Mopac frontage Rd 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 Shoal Creek Conservancy TNR BCP – Travis County Natural Resources West Austin Neighborhood Group ITEM02/1 August 1, 2024 Christi Lane 2104 Westover Rd Austin TX, 78703 Re: C15-2024-0024 Dear Christi Lane, Property Description: .17 AC OF LOT 3 BLK 4 BROWN HERMAN ADDN Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC 25-2-899(H) at 2104 Westover 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 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, 2nd Floor Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM02/2 Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment 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. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up …
ITEM02 C15-2024-0024 ADV PACKET AUG12_PART2 — original pdf
ITEM02/9 Photos: Hazards and Property Comparisons In addition to the dangerous destruction of my property, the first wreck also almost went through the neighbor's home where his daughter was sleeping. This was a drunk driver and law enforcement deciphered that no brakes were applied. The driver fled the scene leaving homeowner’s insurance to pay for damages. ITEM02/10 ITEM02/11 Damage with the 12’ fence was less. The brakes went out on this truck and it continued to accelerate from highway speeds on the downward slope of the exit ramp my lot was split to create. Property damages were $37,000 of which the driver’s insurance may pay $27,000 . ITEM02/12 ITEM02/13 ITEM02/14 Debris collected in the backyard over the course of 5 days (June 12-16) with a 6-8 foot temporary fence. These objects enter my property at a velocity of highway speeds. I have replaced the windows of the back of my house three times and currently keep a set of backup windows on hand. Only debris deemed hazardous is displayed for efficiency. All other objects such as soft trash have been eliminated/not collected because the photos would be too extensive. At this time with the fence partially removed from the last wreck, I do not use the backyard of my property for myself or dogs out of fear of injury or death. One of the objects in the first photo is a railroad tie. Other objects include glass, including alcohol bottles,car and other machinery parts and construction debris and occasionally toys. ITEM02/15 ITEM02/16 ITEM02/17 ITEM02/18
ITEM02 C15-2024-0024 ADV PACKET AUG12_PART3 — original pdf
ITEM02/19 ITEM02/20 Similar properties in the area reflect protective measures in place. First photo illustrates 2103 Winstead Ln, which is located at the next exit on Mopac in my neighborhood (0.5 mile from my home), Tarrytown. The wall built by the DOT measuring 15’ in some places protects this property from 3 angles, circled in yellow. This property owner also suffered from repeat vehicles damaging the property before the wall was built. ITEM02/21 ITEM02/22 The next property is even closer to me, on the other side of MoPac with a similar juxtaposition to the highway, at the northbound Westover exit ramp. 1709 Westover has property without a dissected lot, but is also completely protected by the 15’ DOT wall circled in yellow. ITEM02/23 ITEM02/24 Image below: My property, 2104 Westover, located on the southbound Westover exit ramp has no protection from a 15’ wall. The wall, again circled in yellow, ends distinctly before the property. ITEM02/25 ITEM02/26
ITEM03 C15-2024-0025 ADV PACKET AUG12_PART1 — original pdf
BOA INTERPRETATION APPEAL COVERSHEET CASE: C15-2024-0025 BOA DATE: August 12th, 2024 ADDRESS: 6708 Bridge Hill Cv COUNCIL DISTRICT: 10 APPELLANT: Warren Konkel OWNER: Christi S. May APPELLANT: Nicholl Wade ZONING: SF-3 / LA LEGAL DESCRIPTION: LOT 5 BRIDGE HILL SUBD APPEAL REQUEST: an appeal challenging staff decision regarding impervious cover approved with building permit 2023-129658BP. SUMMARY: any proposed development must comply with the provisions of the LDC ISSUES: errors on permit application, does not remedy unpermitted construction from 2014 and 2021, vastly exceeds the “grandfathered original construction” IC allowance of 11,408 sq. ft. ZONING LAND USES Site North South East West SF-2 / LA SF-2 / LA SF-2 / LA SF-2 LA Single-Family Single-Family Single-Family Single-Family Lake Austin NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District BRNA ASSOCIATION INC. City of Rollingwood Friends of Austin Neighborhoods Glenlake Neighborhood Association Save Our Springs Alliance TNR BCP – Travis County Natural Resources The Creek at Riverbend Neighborhood Association ITEM03/1 C15-2024-0025 13368167 0133190144 6708 Bridge Hill Cove ("Property") LOT 5 BRIDGE HILL SUBD 5 Rekha Roarty and Nicholl Wade Warren Konkel July 29 2024 I-SF-2, LA, and Lake Austin Overlay Council District: 10 BRIDGE HILL ITEM03/2 ITEM03/3 Warren Konkel 6706 Bridge Hill Cove July 29, 2024 Austin Texas 78746 Christy S. May 6708 Bridge Hill Cove Texas 78746 Nicholl Wade 3701 Bee Caves Road, Suite 102 Texas 78746 Austin Austin ITEM03/4 ITEM03/5 ITEM03/6 7/3/24, 2:37 PM Interactive Development Review Permitting and Inspection | AustinTexas.gov - The Official Website of the City of Austin Description Value Total Building Coverage Percent, of Lot Total Building Coverage on lot Sq. Ft. 12.3 5376.5 Number Pre Street StreetType Dir Unit Type Unit Number City State Zip Legal Desc 6708 BRIDGE HILL CV AUSTIN TX 78746 Address PROPERTY DETAILS PEOPLE DETAILS People Type Name / Address Phone Applicant Billed To Urban Building Services of Texas (Jonathan Kaplan) 214 sailors RUN LAKEWAY TX Urban Building Services of Texas (Jonathan Kaplan) 214 sailors RUN LAKEWAY TX General Contractor LAKEWAY TX 78734 Urban Building Services of Texas LLC (Jonathan Kaplan) ( FOLDER FEES Tree Insp-Residential(Other Residential) Building Permit Fee Energy Fee Foundation pre-pour tree inspection Technology Surcharge-DSD FIRE-WUI Inspection PROCESSES AND NOTES Fee Description Fee Amount Balance $304.00 $293.71 $59.82 $181.00 $33.54 $266.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Process Description Status Start Scheduled Date End Date End Date # of Assigned Attempts Staff Staff EMail 100 Bldg Pre- Construction Pass Apr 5, …
ITEM03 C15-2024-0025 ADV PACKET AUG12_PART2 — original pdf
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ITEM03 C15-2024-0025 ADV PACKET AUG12_PART3 — original pdf
Contact Information Owner Phone Email Mailing Address Phone Email 5 c Christy May Applicant/ Agent Aqua Permits Mailing Address 6708 Bridge Hill Cove Mailing Address 6504 Betty Cook Dr Phone Email Phone Email s f General Contractor lnovative Home Construction Design Professional Edward B. Frerson, Architect Mailing Address 4307 Farhills Drive Austin TX 78731 i Authorization ~ I understand that in accordance with Sections 25-1-411 and 25-11-66 of the Land Development Code (LDC), non-compliance with the LDC may be cause for the Building Official to suspend or revoke a permit and/or license. ~ I further understand that no portion of any roof structure may overhang in any public utility or drainage easem*nt. I acknowledge that customer will bear the expense of any necessary relocation of existing utilities to clear this driveway location and/or the cost to repair any damage to existing utilities caused during construction. Water services, meters, and wastewater cleanouts are not permitted within or beneath driveways or sidewalks. Private plumbing appurtenances will not be located in public right-of-way or public easem*nts. Private plumbing lines will not cross lot lines. t/ I agree that this application is good for twelve (12) months after the date it is filed, and will expire if not approved for compliance within that time frame. If the application expires, a new submittal will be required and compliance with current code may be required. ~ I hereby certify that to the best of my knowledge and ability, the information provided in this application is complete and accurate. I further acknowledge that, should any information contained herein prove incorrect, the building official may suspend or revoke any resulting permit and/or license. ~ As owner or authorized agent, my signature authorizes staff to visit and inspect the property for which this application is being submitted. I understand that without consent the review process may be delayed. ~ I also understand that ifthere is a septic system located on the property, I am required to complete an On-site Sewage Facility (a.k.a. an OSSF or septic system) application by contacting Austin Water at (512) 972-0050 or ossf@austintexas.gov . This initiates the septic system permitting requirement needed to proceed with the development review process. ~ Erosion and Sedimentation Controls are required per Section 25-8-181 of the LDC. Failure to comply with this requirement may result in a Stop Work Order and/or legal action by the City of Austin including criminal …
ITEM03 C15-2024-0025 ADV PACKET AUG12_PART4 — original pdf
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ITEM03 C15-2024-0025 ADV PACKET AUG12_PART5 — original pdf
12” Mulch Sock Site Specific Project Notes: 5’ Chain Link Fence Per COA regulations Full CRZ 20” Cedar Elm 1 0' - 0 " 5' - 0" 20' - 0" New Grass Area New Grass Area Stainless Steel Collection Bin 1. 2. Due to the IC limitations of this property the entire project is being constructed over existing impervious coverage. The new pool is being constructed to ensure that it does not replace any existing pool water area with new IC or pool coping. Slope Map + Analysis Symbol Slope Area IC Allowance IC Allowed Actual IC White 0-15% 37,424.5 7,484.9 12,751.96 Light Gray 15-25% 4,107.0 Dark Gray 25-35% 977.0 Black 35%+ 1046.0 20% 20% 10% 0 821.4 97.7 0 870 0 24 Totals 8,404 P U E 5 ' - 0 " S e t b a c k 2 0 ' - 0 " 5' - 0" PUE 20” Cedar Elm 5' - 0 " 10' - 0" Lower Paver Patio " 0 ' - 0 2 Existing Pool Existing Conc. Patio 26” Live Oak 13' - 0" 6' - 6" r e v a P r e w o L o i t a P Wood Deck with Cabana Below (conc. Slab) IC Schedule Area Name Existing IC Proposed IC Driveway Rock Wall 7,002 393 7,002 403.5 House Slab 4,615.5 4,615.5 Conc. Patio 2,079 Pool Coping Cabana Slab Walkway 86 244 259 533 73 741 259 Total IC 14,678.5 13,647 5' - 0" PUE Tree Legend 1) - 20” Cedar Elm 2) - 26” Live Oak 3) - 19” Two Trunk Live Oak 10' - 0" Setback Existing House y a w k l a W g n i t s i x E Conc. Wall Conc. Wall Existing Driveway Conc. Wall Conc. Wall Building Information Area Name Existing Proposed 1st Floor Conditioned 2nd Floor Conditioned Covered Parking Covered Patio Cabana 3,321 1,909 532 640.5 244 3,321 1,909 532 1,381.5 741 6 ' - 0 " 2 10' - 0" Setback Two Trunk Live Oak - 19" Electrical Meter 4' - 9 " 6 " - 9 ' " 0 - ' 9 1 Mulch the Full CRZ Area not in the existing pool deck 1 3 ' - 0 " 6 ' - 6 " 26' - 0" Negative Edge Pool Water Existing Pool Coping Existing Pool Water Conc. Patio Building Slab Covered Patio DN 26” …
ITEM03 C15-2024-0025 ADV PACKET AUG12_PART6 — original pdf
Exhibit 4 ITEM03/147 ITEM03/148 ITEM03/149 ITEM03/150 ITEM03/151 ITEM03/152 ITEM03/153 ITEM03/154 ITEM03/155 ITEM03/156 ITEM03/157 ITEM03/158 ITEM03/159 ITEM03/160 City of Austin Development Services Department P.O. Box 1088, Austin, Texas 78767 VESTED RIGHTS DETERMINATION Findings This determination is made under City Code 25-1-541 in response to a claim that the project identified below is vested to earlier regulations and entitled to be reviewed under those regulations. The determination may be reconsidered once at the request of the applicant. Project Name: Pool/Cabana Reconstruction Address: 6708 Bridge Hill Cove Case No. VR-2024-0037000 Date of Application: 6/4/2024 Date of Determination: 6/12/2024 nation: 6/12/2024 Signature: ____________________________________________________________ Date: _______________ _______________________________ 6/12/2024 See “Grounds for Determination” (reverse) for a summary of the most common grounds for approval or denial. Additional grounds may also apply. Determination” (reverse) for a summ (X) DENIED Primary Grounds: PROJECT COMPLETE Findings: The project initiated with the submittal of the Bridge Hill Subdivision plat for this lot, was completed with the construction of the residence authorized by building permit 1987- 010020-BP and accessory swimming pool authorized by building permit 1989-006985-BP. The proposed application is redevelopment of existing permitting and unpermitted improvements and is considered a new project. ITEM03/161 ITEM03/162 City of Austin Development Services Department P.O. Box 1088, Austin, Texas 78767 FINDINGS ON RECONSIDERATION OF VESTED RIGHTS DETERMINATION N/A Project Name: 6708 Bridge Hill Cove Address: BP (Building Permit) No. 2023-129658 Case No.: June 4, 2024 Application Date: Determination Date: July 19, 2024 Determination by: Brent Lloyd DSD Development Officer (X) APPROVED Vesting Date: N/A Findings & Conclusions: 1. On June 4, 2024, applicant submitted a petition for vested rights claiming that proposed development under the above-referenced building permit was entitled to review under regulations in effect on the date the 1981 plat application was filed, as modified by the Planning Commission’s subsequent conditions of approval. 2. On June 12, 2024, DSD denied the vested rights claim on the grounds that: “The project initiated with the submittal of the Bridge Hill Subdivision plat for this lot, was completed with the construction of the residence authorized by building permit 1987-010020-BP and accessory swimming pool authorized by building permit 1989- 006985-BP. The proposed application is redevelopment of existing permitting and unpermitted improvements and is considered a new project.” 3. Upon receiving DSD’s determination, the applicant submitted a request for reconsideration challenging the determination and requesting approval of a “limited redevelopment” exception pursuant to a 1995 administrative policy …
ITEM03 C15-2024-0025 PRESENTATION_APPELLANT — original pdf
Case Number: 2024-000021 BA D-10/1 6708 Bridge Hill Cove A History of Unpermitted Work and Permit Anomalies Appealed Permits: BP-2023-129658 and BP-2023-129659 August 12, 2024 Presenter: Warren Konkel ITEM03/1PRESENTATION_APPELLANT D-10/2 Original Construction in 1989 1989 Original house and driveway completed (BP-8717316) June 29, 1989 Original survey performed by Michael McMinn. He still has his field notes. July 11, 2024 McMinn performs an IC Study based on his original survey and determines: Total IC at that time was 10,803 sqft. ITEM03/2PRESENTATION_APPELLANT D-10/3 Pool Addition in 1990 Original swimming pool and patio finished construction in March 1990 (BP-8912843). July 11, 2024 McMinn used historical photos and documents to estimate that the pool deck added 605 sqft. Total IC is now 11,408 sqft. ITEM03/3PRESENTATION_APPELLANT D-10/4 Annexation and Ordinances Changes Annexation (2000): ● City Ordinance: 001214-34 ● Exception for Existing IC: LDC § 25-2-532 Lake Austin Overlay District Ordinance (2014): ● Ordinance: 20140626-114 ● Effective Date: July 7, 2014 ● IC Requirement: Must comply with LDC § 25-2-551 Total IC at Time of Annexation: 11,408 sqft ITEM03/4PRESENTATION_APPELLANT Unpermitted Expansions (2014) In October 2014, there were unpermitted expansions to the driveway, front walkway, and pool patio. According to a 2021 survey, this increased impervious coverage by 3,457 sqft. Total IC is now 14,865 IC. D-10/5 Oct 2013 Oct 2014 Aug 2015 ITEM03/5PRESENTATION_APPELLANT D-10/6 Unauthorized Construction (2021) In March 2021, an application was submitted for addition of front porch and master closet expansion. (PR-2021-050731) This permit was not approved, yet the additions were constructed, adding an estimated 240 sqft. PR-2021-050731 Total IC is now 15,105 IC. Before After After ITEM03/6PRESENTATION_APPELLANT Pool House and Cabana Application Errors (2023) In June 2023, an application containing numerous errors was submitted to replace the pool and back patio with a 707 sqft pool house and covered terrace. (PR-2023-069215) D-10/7 ITEM03/7PRESENTATION_APPELLANT Wood Deck Reclassified as “Existing Conc Patio” Here are the unapproved 2021 PR and the 2023 PR side-by-side: 2021 2023 D-10/8 The 359 sqft of “Uncovered wood decks” is no longer present on the 2023 application. Instead this is represented as “Existing Conc Patio”. The McMinn survey shows that the original construction was a “wood deck” and only counts 50% towards IC. ITEM03/8PRESENTATION_APPELLANT Unapproved Additions Not Included D-10/9 The 2023 PR does NOT include the unpermitted 2021 front additions: This addition should be considered “new construction” and included on this permit. It still has not been inspected. ITEM03/9PRESENTATION_APPELLANT Non-Existant “Lower …
ITEM04 BOA MONTHLY REPORT_JULY8 — original pdf
BOA Monthly Report July 2024-June 2025 5 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 Structures) (F) (2) to increase the additional length of the front wall and 25-2-963 (Modification and Maintenance of Non-complying Structures) (F) (2) to increase the additional length of the side wall Postponed Withdrawn 0 Denied 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum front yard setback and 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback and 25-2-551 (Lake Austin (LA) District Regulations) (B) (1) (b) from shoreline setback requirements to decrease Discussion Items July 2024 Interpretations 0 new inquiries The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: Maggie Shahrestani and 1 vacant position (alternate) (Added july8# 2024) 5 0 0 1 4 4 1 0
ITEM06 BOA BYLAWS — original pdf
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 …
ITEM06 BOA FEE SCHEDULE 2023-2024 — original pdf
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
ITEM06 BOA FEE SCHEDULE OCT2023-SEPT2024 — original pdf
6310 Wilhelmina Delco Drive Austin, TX 78752 512-978-4000 austintexas.gov/dsd Regulatory Policy and Administration A 4% Development Services Surcharge fee will be added to all permit fees. Board of Adjustment Fees A Zoning Variance Residential - Homestead Variance Residential - Homestead Exception All Other Zoning Variances Sign Variance Zoning Interpretation Appeal B (Code Interpretation/Use Determination) Determination of Regulations/Vested Rights Review Verification Full Determination (Chapter 245) Managed Growth Agreement Project Consent Agreement Fair Notice Application A Board of Adjustment Review fee of $262 for Austin Energy may also apply. B Additional Basic Notification Fee may apply. DSD Fees Basic NotificationS Sub Total DSD 4% Tech Surcharge Total $500.00 $500.00 $3,455.00 $3,455.00 $2,552.00 $261.90 $261.90 $261.90 $261.90 $761.90 $761.90 $3,716.90 $3,716.90 $2,552.00 $30.48 $30.48 $148.68 $148.68 $102.08 $792.38 $792.38 $3,865.58 $3,865.58 $2,654.08 DSD Fee WPDS Sub Total DSD 4% Tech Surcharge Total $583.00 $2,327.00 $11,656.00 $11,656.00 $874.00 $583.00 $101.00 $2,428.00 $23.32 $97.12 $606.32 $2,525.12 $4,200.00 $15,856.00 $634.24 $16,490.24 $9,699.00 $21,355.00 $854.20 $22,209.20 $874.00 $34.96 $908.96 Updated: 8/22/2023 - Effective: 10/01/2023
ITEM06 BOA GUIDEBOOK — original pdf
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 circ*mstances, 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 a non-compliance isn't 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 …
ITEM06 BOA RULES OF PROCEDURES — original pdf
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 …
ITEM02 C15-2024-0024 PRESENTATION — original pdf
Presenter and property owner: Christi Lane My dogs, Sophie and Pickles, playing in the exact location of the latest vehicle impact. 2104 Westover Rd Austin, Texas 78703 A little about me: A native Texan, I first moved to Austin in the 90s to attend the University of Texas at Austin. I own 2 businesses. One, Reform Pilates, is a local business established in 2006. I am back at UT studying genetics with the desire to be a part of scientific research. I have lived in my home for about 15 years. I have loved watching Austin grow with the exception of the detriment to my property. I have taken this fall semester off to handle this important issue. I am asking for your help with a hardship variance for my safety and protection of my property. ITEM02/1-PRESENTATION Background: In the 1969 plans for Loop 1 (Mopac), 3 streets were considered Type E Separations for the area: Hanco*ck Dr, W. 45th Street, and my street, Westover Rd. Other intersections were classified as redirects. ITEM02/2-PRESENTATION My home, built in 1952, is unique in that the property was bisected diagonally leaving the remaining property downhill and exposed to the direction of traffic from the southbound Westover Rd exit ramp. No other property in the area with equivalent downtown traffic has this juxtaposition. ITEM02/3-PRESENTATION 185m 183m The problem Another feature of the property is the change in altitude relative to traffic flow. The photo shows readings taken with an altimeter at selected levels of the southbound Westover Rd exit ramp. The difference in grade from the ramp to my property is 13 feet with my home being the lower altitude. . 172m ITEM02/4-PRESENTATION The problem: Hazardous airborne debris, often with the velocity of highway traffic. When I leave my house, I shut the doors to all rooms containing north (backyard) facing windows and I block access to the doggie-door. This gives me some mild reassurance that my dogs will be safe when a window breaks. I have experienced a total of 5 breaks located at the back of the house from airborne debris since I have lived in my home. I have also had punctured siding, though I consider this less threatening. I don’t use my backyard when I have an inadequate fence because I fear injury. ITEM02/5-PRESENTATION June 12, 2024 After the wreck that took the fence down on April 18, 2024, a …
Agenda — original pdf
REGULAR MEETING of the BOARD OF ADJUSTMENT August 12, 2024 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for email elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair)) ___Thomas Ates ___Jeffery Bowen ___Marcel Gutierrez-Garza ___Yung-ju Kim The Board of Adjustment may go into closed session to receive advice from legal counsel regarding any item on this agenda (Private consultation with legal counsel – Section 551.071 of the Texas Government Code). ___ Bianca A Medina-Leal ___ Brian Poteet ___ Margaret Shahrestani ___ Janel Venzant ___ Michael Von Ohlen ___ Suzanne Valentine (Alternate) AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Approve the minutes of the Board of Adjustment Regular meeting on July 8, 2024. On-Line Link: Draft Minutes for July 8, 2024 APPROVAL OF MINUTES 1. PUBLIC HEARINGS Discussion and action on the following cases. New Variance case: 2. C15-2024-0024 Christi Lane 2104 Westover Road On-Line Link: ITEM02 ADV PACKET PART1, PART2, PART3; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from eight (8) feet (maximum allowed) to twelve (12) feet (requested), in order to erect a fence on the east property line in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of …
