BOARD OF ADJUSTMENT INTERPRETATION PREVIOUS POSTPONEMENTS F-1 C15-2015-0147 Robert Kleeman 8901 West Highway 71 The appellant has filed an appeal challenging a Land Use Determination and related development approvals made in connection with the approval of an outdoor amphitheater located at LifeAustin Church, 8901 West State Highway 71, including decisions to classify the use as “religious assembly” and to subsequently approve Site Plan No. SP-2011-0185C, an associated restrictive covenant, and a building permit. The appellant disagrees that, among other things, the Land Use Determination and related development approvals incorrectly treat various outdoor activities held at educational and religious assembly facilities as part of the principal use rather than as temporary activities subject to City Code Section 25-2-921(C) in an “RR-NP”, Rural Residential – Neighborhood Plan zoning district. (West Oak Hill) REQUESTING POSTPONEMENT TO JULY 11, 2016 F-2 C15-2015-0168 Robert Kleeman 8901 West Highway 71 The appellant has requested that the Board of Adjustment interpret whether staff erred in making an administrative decision to approve site plan correction number 12 to the current site plan of this property (SP-2011-185C (R1)), thereby authorizing construction of a disc golf course and outdoor dog park at this church facility in a “RR-NP”, Rural Residential – Neighborhood Plan zoning district. (West Oak Hill) REQUESTING POSTPONEMENT TO JULY 11, 2016 G. BOARD OF ADJUSTMENT INTERPRETATION NEW PUBLIC HEARINGS NONE H. BOARD OF ADJUSTMENT RECONSIDERATION PREVIOUS POSTPONEMENTS NONE I. BOARD OF ADJUSTMENT RECONSIDERATIONS NONE J. BOARD OF ADJUSTMENT SPECIAL EXCEPTION PREVIOUS POSTPONEMENTS J-1 C15-2015-0107 James Coak for Julia Esparza 4502 Merle Drive The applicant has requested a Special Exception under Section 25-2-476 (Special Exception) from: A. Section 25-2-492 (D) (Site Development Regulations) to decrease the side yard setback from 5 feet (required) to 0 feet (requested, existing); and to B. Section 25-2-555 (B) to decrease the rear yard setback from 5 feet (required) to 0 feet (requested, existing) in order to maintain a detached second dwelling unit constructed at least 10 years ago in an “SF- 3-NP”, Family Residence – Neighborhood Plan zoning district. (South Manchaca) REQUESTING POSTPONEMENT TO AUGUST 8, 2016
K. BOARD OF ADJUSTMENT NEW PUBLIC HEARING SPECIAL EXCEPTIONS K-1 C15-2016-0063 Jay C. and Jayne S. Crawford 3205 McElroy Drive The applicant has requested a Special Exception under Section 25-2-476 (Special Exception) from Section 25-2-492 (D) (Site Development Regulations) to decrease side yard setback from 5 feet (required) to 3.2 feet (requested, existing) in order to maintain a detached accessory living space constructed at least 10 years ago in an “SF-2”, Family Residence zoning district. The applicant has requested a Special Exception under Section 25-2-476 (Special Exception) from Section 25-2-492 (D) (Site Development Regulations) to: A. decrease the front yard setback from 25 feet (required) to 10 feet 9 inches (requested, existing); and to B. decrease the west side setback from 5 feet (required) to 2 feet (requested, existing); and to C. decrease the east side setback from 5 feet (required) to 0 feet (requested, existing) in order to maintain a carport, greenhouse, storage structure and covered side entrance
L-2 C15-2016-0016 Lucy Begg for Kevin Fagan 111 Attayac Street The applicant has requested variance(s) to: A. Section 25-2-492 (D) (Site Development Regulations) to decrease the front yard setback from 25 feet (required) to 3 feet (requested, existing); and to B. decrease the minimum lot size from 5,750 square feet to 1,650 square feet; and to C. increase the maximum impervious cover from 45% (required/permitted) to 53% (requested); and to D. Section 25-6, Transportation, Appendix A (Parking Schedule) to decrease the minimum number of spaces from 2 required to 1 (requested); and to in order to add a second story to an existing single family home making the total square footage of the house not more than 1,100 square feet in a “SF-3-NP”, Family Residence – Neighborhood Plan zoning district. (Holly) Note: The Holly Neighborhood Plan permits small lots as small as 2,500 square feet and for those small lots permits up to 65% impervious cover. Because the subject lot is smaller than 2,500 square feet it does not receive these administratively approved exemptions. Subchapter F of the Land Development Code permits up to 2,300 square feet of living space, however applicant is restricting living space to 1,100 square feet.
L-4 C15-2016-0019 Mike McHone for First Choice Property 2502 Nueces Street The applicant has requested variance(s) to Section 25-6-601 (A) (Parking Requirements for University Neighborhood Overlay District) to reduce the number of required parking spaces from 79 spaces (required, 60% of the 131 spaces required by Appendix A) to 40 spaces (requested) in order to erect a 253 bed high-rise multi-family use in a “MF- 4 – NP” Multifamily Residence Medium Density - Neighborhood Plan zoning district. (West University, Outer West Campus) Note: Multi-family uses can apply administratively to provide 40% of spaces required by Appendix A (52 spaces for this site) if the use participates in a car sharing program or sets aside 10% of the dwelling units on the site to house persons whose household income is less than 50 % of the median income.
L-5 C15-2016-0035 Joel M. Wixon P.E. for Herman Cardenas 8401, 8403, 8409, 8313 South 1st Street The applicant has requested variance(s) to Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) of Article 10, Compatibility Standards to: A. (B) decrease the distance that a structure can be constructed from property on which a use permitted in an SF-5 or more restrictive zoning district is located or on which a use permitted in an SF-5 or more restrictive zoning district is located from 25 feet (required) to 20 feet (requested); and to B. (C) (1) increase the height and story limitation for a structure from two stories and 30 feet, if the structure is 50 feet or less from property in an SF-5 or more restrictive zoning district (required) to three stories and 36 feet (requested); and to C. (C) (2) increase the height and story limitations from three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property in a SF-5 or more restrictive zoning district (required) to three stories and 45 feet (requested); and to D. 1067 (G) (Design Regulations) to decrease the distance a parking or driveway area may be constructed from a lot in an SF-5 or more restrictive zoning district or on which a use permitted in an SF-5 or more restrictive zoning district is located from 25 feet (required) to 0 feet (requested) in order to construct new multi-family dwelling units in an “LR-MU-CO and SF-6-CO”, Neighborhood Commercial – Mixed Use – Conditional Overlay and Multifamily residence highest density - Conditional Overlay zoning district.
L-6 C15-2016-0040 Lisa Schiller 1103 East 2nd Street The applicant has requested variance(s) to: A. Section 25-2-774 Two-Family Residential use (Secondary Apartment Regulations) (C) (5) (b) to increase the maximum square feet on a 2nd story from 550 (required/permitted) to 892 square feet (requested); and to B. Section Subchapter F: Residential Design and Compatibility Standards, Article 2: Development Standards, Section 2.1 – Maximum Development Permitted to increase the floor- to-area ratio from .4 to 1 (required/permitted) to .6 to 1 (requested) in order to add a second dwelling unit above a new garage structure in a “SF-3-NP”, Family Residence – Neighborhood Plan zoning district. (East Cesar Chavez)
BOARD OF ADJUSTMENT NEW PUBLIC HEARINGS M-1 C15-2016-0060 Lotte Vehko for Sara and William Bircher 3913 Avenue F The applicant has requested variance(s) to Ordinance 020131-20 Part 8, 1 (Site Development Standards Table) to decrease the minimum rear yard setback from 10 feet (required/permitted) to 3 feet 6 inches (requested) in order to erect a new two-story garage with apartment in an “SF-3- H-HD-NCCD-NP”, Family Residence – Historic Landmark - Historic Area – Neighborhood Conservation Combining District - Neighborhood Plan zoning district. (Hyde Park)
C15-2016-0067 Steven Buffum P.E. for Geraldine Timmermann 10017 Middle Fiskville Road The applicant has requested variance(s) to Section 25-2, Sub Chapter E, Section 4.2.1. (D) 6 b and c (Mixed Use Zoning Districts) to decrease the minimum site area for each dwelling unit from 1,600 square feet for each efficiency dwelling unit and 2,000 square feet for each one bedroom dwelling unit and 2,400 square feet for a dwelling unit with two or more bedrooms or 185,600 square feet for the 142, 938 square feet of this property zoned LO and then 800 square feet for each efficiency unit, 1,000 square feet for each one bedroom unit and 1,200 square feet for each two or more bedroom unit or 102,000 square feet for the 141,819 square feet of this property zoned CS, a total minimum site area of 287,600 square feet (required) to a total minimum site area of 284,757 square feet (requested) in order to erect a172-unit S.M.A.R.T housing, senior living, multi-family complex with 0 efficiency units, 58 one bedroom units and 114 two or more bedroom units on a property that is 42,662 square feet less in minimum site area required in a “LO-MU-V-CO-NP”, Limited Office – Mixed Use – Vertical Mixed Use Building – Conditional Overlay – Neighborhood Plan and 39,819 square feet in surplus of minimum site area required in a “CS-MU-V-CO-NP”, General Commercial Services – Mixed Use – Vertical Mixed Use Building – Conditional Overlay – Neighborhood Plan zoning district.
C15-2016-0068 John R. Terwilliger 902 Wayside Drive The applicant has requested variance(s) to Section 25-2-492 (D) (Site Development Regulations) to decrease the minimum side setback from 5 feet (required) to .8 (requested) in order to remodel and expand existing carport structure the is currently 4.2 feet from side property line in a “SF-3- NP”, Family Residence – Neighborhood Plan zoning district. (West Austin Neighborhood Group)
C15-2016-0069 Linda Sullivan for Michael and Wendy Tita 5905 Tumbling Circle The applicant has requested variance(s) to Section 25-2-492 (D) (Site Development Regulations) to: A. decrease the minimum side setback from 5 feet (required/permitted) to 0 feet (requested); and to B. decrease the minimum rear setback from 10 feet (required/permitted) to 0 feet (requested) in order to secure a permit to construct an elevated deck that was originally built at this location in 1986 in an “SF-3”, Family Residence – Neighborhood Plan zoning district.
C15-2016-0070 Nicole Blair for Mitchell Oringer 1504 East 13th Street The applicant has requested variance(s) to Section 25-2-947 (B) (2) (Non-Conforming Use Regulations Group) to increase the percentage of the value of the structure before improvement that a person may improve, enlarge, or structurally alter a structure from 20 percent of the value of the structure before improvement or $43, 600 (required, allowed) to 275 percent or $600,000 (requested) in order to remodel an existing duplex to the rear of the property and expand and remodel an existing single family home in the front of the property in a “SF-3-NP”, Family Residence – Neighborhood Plan zoning district. (Central East Austin)
N. BOARD OF ADJUSTMENT NEW BUSINESS N-1 Review and possible approval of the draft revised Board Rules (Brent Lloyd) O. ADJOURNMENT
Jun 13, 2016 Board of Adjustment/Sign Review Board
BOARD OF ADJUSTMENT INTERPRETATION PREVIOUS POSTPONEMENTS F-1 C15-2015-0147 Robert Kleeman 8901 West Highway 71 The appellant has filed an appeal challenging a Land Use Determination and related development approvals made in connection with the approval of an outdoor amphitheater located at LifeAustin Church, 8901 West State Highway 71, including decisions to classify the use as “religious assembly” and to subsequently approve Site Plan No. SP-2011-0185C, an associated restrictive covenant, and a building permit. The appellant disagrees that, among other things, the Land Use Determination and related development approvals incorrectly treat various outdoor activities held at educational and religious assembly facilities as part of the principal use rather than as temporary activities subject to City Code Section 25-2-921(C) in an “RR-NP”, Rural Residential – Neighborhood Plan zoning district. (West Oak Hill) REQUESTING POSTPONEMENT TO JULY 11, 2016 F-2 C15-2015-0168 Robert Kleeman 8901 West Highway 71 The appellant has requested that the Board of Adjustment interpret whether staff erred in making an administrative decision to approve site plan correction number 12 to the current site plan of this property (SP-2011-185C (R1)), thereby authorizing construction of a disc golf course and outdoor dog park at this church facility in a “RR-NP”, Rural Residential – Neighborhood Plan zoning district. (West Oak Hill) REQUESTING POSTPONEMENT TO JULY 11, 2016 G. BOARD OF ADJUSTMENT INTERPRETATION NEW PUBLIC HEARINGS NONE H. BOARD OF ADJUSTMENT RECONSIDERATION PREVIOUS POSTPONEMENTS NONE I. BOARD OF ADJUSTMENT RECONSIDERATIONS NONE J. BOARD OF ADJUSTMENT SPECIAL EXCEPTION PREVIOUS POSTPONEMENTS J-1 C15-2015-0107 James Coak for Julia Esparza 4502 Merle Drive The applicant has requested a Special Exception under Section 25-2-476 (Special Exception) from: A. Section 25-2-492 (D) (Site Development Regulations) to decrease the side yard setback from 5 feet (required) to 0 feet (requested, existing); and to B. Section 25-2-555 (B) to decrease the rear yard setback from 5 feet (required) to 0 feet (requested, existing) in order to maintain a detached second dwelling unit constructed at least 10 years ago in an “SF- 3-NP”, Family Residence – Neighborhood Plan zoning district. (South Manchaca) REQUESTING POSTPONEMENT TO AUGUST 8, 2016
K. BOARD OF ADJUSTMENT NEW PUBLIC HEARING SPECIAL EXCEPTIONS K-1 C15-2016-0063 Jay C. and Jayne S. Crawford 3205 McElroy Drive The applicant has requested a Special Exception under Section 25-2-476 (Special Exception) from Section 25-2-492 (D) (Site Development Regulations) to decrease side yard setback from 5 feet (required) to 3.2 feet (requested, existing) in order to maintain a detached accessory living space constructed at least 10 years ago in an “SF-2”, Family Residence zoning district. The applicant has requested a Special Exception under Section 25-2-476 (Special Exception) from Section 25-2-492 (D) (Site Development Regulations) to: A. decrease the front yard setback from 25 feet (required) to 10 feet 9 inches (requested, existing); and to B. decrease the west side setback from 5 feet (required) to 2 feet (requested, existing); and to C. decrease the east side setback from 5 feet (required) to 0 feet (requested, existing) in order to maintain a carport, greenhouse, storage structure and covered side entrance
L-2 C15-2016-0016 Lucy Begg for Kevin Fagan 111 Attayac Street The applicant has requested variance(s) to: A. Section 25-2-492 (D) (Site Development Regulations) to decrease the front yard setback from 25 feet (required) to 3 feet (requested, existing); and to B. decrease the minimum lot size from 5,750 square feet to 1,650 square feet; and to C. increase the maximum impervious cover from 45% (required/permitted) to 53% (requested); and to D. Section 25-6, Transportation, Appendix A (Parking Schedule) to decrease the minimum number of spaces from 2 required to 1 (requested); and to in order to add a second story to an existing single family home making the total square footage of the house not more than 1,100 square feet in a “SF-3-NP”, Family Residence – Neighborhood Plan zoning district. (Holly) Note: The Holly Neighborhood Plan permits small lots as small as 2,500 square feet and for those small lots permits up to 65% impervious cover. Because the subject lot is smaller than 2,500 square feet it does not receive these administratively approved exemptions. Subchapter F of the Land Development Code permits up to 2,300 square feet of living space, however applicant is restricting living space to 1,100 square feet.
L-4 C15-2016-0019 Mike McHone for First Choice Property 2502 Nueces Street The applicant has requested variance(s) to Section 25-6-601 (A) (Parking Requirements for University Neighborhood Overlay District) to reduce the number of required parking spaces from 79 spaces (required, 60% of the 131 spaces required by Appendix A) to 40 spaces (requested) in order to erect a 253 bed high-rise multi-family use in a “MF- 4 – NP” Multifamily Residence Medium Density - Neighborhood Plan zoning district. (West University, Outer West Campus) Note: Multi-family uses can apply administratively to provide 40% of spaces required by Appendix A (52 spaces for this site) if the use participates in a car sharing program or sets aside 10% of the dwelling units on the site to house persons whose household income is less than 50 % of the median income.
L-5 C15-2016-0035 Joel M. Wixon P.E. for Herman Cardenas 8401, 8403, 8409, 8313 South 1st Street The applicant has requested variance(s) to Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) of Article 10, Compatibility Standards to: A. (B) decrease the distance that a structure can be constructed from property on which a use permitted in an SF-5 or more restrictive zoning district is located or on which a use permitted in an SF-5 or more restrictive zoning district is located from 25 feet (required) to 20 feet (requested); and to B. (C) (1) increase the height and story limitation for a structure from two stories and 30 feet, if the structure is 50 feet or less from property in an SF-5 or more restrictive zoning district (required) to three stories and 36 feet (requested); and to C. (C) (2) increase the height and story limitations from three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property in a SF-5 or more restrictive zoning district (required) to three stories and 45 feet (requested); and to D. 1067 (G) (Design Regulations) to decrease the distance a parking or driveway area may be constructed from a lot in an SF-5 or more restrictive zoning district or on which a use permitted in an SF-5 or more restrictive zoning district is located from 25 feet (required) to 0 feet (requested) in order to construct new multi-family dwelling units in an “LR-MU-CO and SF-6-CO”, Neighborhood Commercial – Mixed Use – Conditional Overlay and Multifamily residence highest density - Conditional Overlay zoning district.
L-6 C15-2016-0040 Lisa Schiller 1103 East 2nd Street The applicant has requested variance(s) to: A. Section 25-2-774 Two-Family Residential use (Secondary Apartment Regulations) (C) (5) (b) to increase the maximum square feet on a 2nd story from 550 (required/permitted) to 892 square feet (requested); and to B. Section Subchapter F: Residential Design and Compatibility Standards, Article 2: Development Standards, Section 2.1 – Maximum Development Permitted to increase the floor- to-area ratio from .4 to 1 (required/permitted) to .6 to 1 (requested) in order to add a second dwelling unit above a new garage structure in a “SF-3-NP”, Family Residence – Neighborhood Plan zoning district. (East Cesar Chavez)
BOARD OF ADJUSTMENT NEW PUBLIC HEARINGS M-1 C15-2016-0060 Lotte Vehko for Sara and William Bircher 3913 Avenue F The applicant has requested variance(s) to Ordinance 020131-20 Part 8, 1 (Site Development Standards Table) to decrease the minimum rear yard setback from 10 feet (required/permitted) to 3 feet 6 inches (requested) in order to erect a new two-story garage with apartment in an “SF-3- H-HD-NCCD-NP”, Family Residence – Historic Landmark - Historic Area – Neighborhood Conservation Combining District - Neighborhood Plan zoning district. (Hyde Park)
C15-2016-0067 Steven Buffum P.E. for Geraldine Timmermann 10017 Middle Fiskville Road The applicant has requested variance(s) to Section 25-2, Sub Chapter E, Section 4.2.1. (D) 6 b and c (Mixed Use Zoning Districts) to decrease the minimum site area for each dwelling unit from 1,600 square feet for each efficiency dwelling unit and 2,000 square feet for each one bedroom dwelling unit and 2,400 square feet for a dwelling unit with two or more bedrooms or 185,600 square feet for the 142, 938 square feet of this property zoned LO and then 800 square feet for each efficiency unit, 1,000 square feet for each one bedroom unit and 1,200 square feet for each two or more bedroom unit or 102,000 square feet for the 141,819 square feet of this property zoned CS, a total minimum site area of 287,600 square feet (required) to a total minimum site area of 284,757 square feet (requested) in order to erect a172-unit S.M.A.R.T housing, senior living, multi-family complex with 0 efficiency units, 58 one bedroom units and 114 two or more bedroom units on a property that is 42,662 square feet less in minimum site area required in a “LO-MU-V-CO-NP”, Limited Office – Mixed Use – Vertical Mixed Use Building – Conditional Overlay – Neighborhood Plan and 39,819 square feet in surplus of minimum site area required in a “CS-MU-V-CO-NP”, General Commercial Services – Mixed Use – Vertical Mixed Use Building – Conditional Overlay – Neighborhood Plan zoning district.
C15-2016-0068 John R. Terwilliger 902 Wayside Drive The applicant has requested variance(s) to Section 25-2-492 (D) (Site Development Regulations) to decrease the minimum side setback from 5 feet (required) to .8 (requested) in order to remodel and expand existing carport structure the is currently 4.2 feet from side property line in a “SF-3- NP”, Family Residence – Neighborhood Plan zoning district. (West Austin Neighborhood Group)
C15-2016-0069 Linda Sullivan for Michael and Wendy Tita 5905 Tumbling Circle The applicant has requested variance(s) to Section 25-2-492 (D) (Site Development Regulations) to: A. decrease the minimum side setback from 5 feet (required/permitted) to 0 feet (requested); and to B. decrease the minimum rear setback from 10 feet (required/permitted) to 0 feet (requested) in order to secure a permit to construct an elevated deck that was originally built at this location in 1986 in an “SF-3”, Family Residence – Neighborhood Plan zoning district.
C15-2016-0070 Nicole Blair for Mitchell Oringer 1504 East 13th Street The applicant has requested variance(s) to Section 25-2-947 (B) (2) (Non-Conforming Use Regulations Group) to increase the percentage of the value of the structure before improvement that a person may improve, enlarge, or structurally alter a structure from 20 percent of the value of the structure before improvement or $43, 600 (required, allowed) to 275 percent or $600,000 (requested) in order to remodel an existing duplex to the rear of the property and expand and remodel an existing single family home in the front of the property in a “SF-3-NP”, Family Residence – Neighborhood Plan zoning district. (Central East Austin)
N. BOARD OF ADJUSTMENT NEW BUSINESS N-1 Review and possible approval of the draft revised Board Rules (Brent Lloyd) O. ADJOURNMENT