BOA Meeting

NOTICE IS HEREBY GIVEN THAT THE BOARD OF ADJUSTMENT FOR THE CITY OF LAKEWAY, TRAVIS COUNTY, TEXAS WILL MEET IN REGULAR SESSION on THURSDAY, DECEMBER 11, 2025 IN CITY HALL, 1102 Lohmans Crossing Road, Lakeway, TX 78734 9:00 AM AGENDA Page 1 CALL TO ORDER. 2 PLEDGE OF ALLEGIANCE. 3 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA. 4 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA. CONSENT AGENDA All items listed under the consent agenda may be approved by one motion. Members of the Board may pull items from the consent agenda for discussion. 5 APPROVAL OF MINUTES. 25-08-14 Regular BOA Meeting Minutes 3 END CONSENT AGENDA 6 VARIANCE: 303 LAKEWAY DRIVE. CONSIDER A REQUEST FROM LUIS AVILA, THE OWNER OF THE PROPERTY LOCATED AT 303 LAKEWAY DRIVE (LOT 119, LAKEWAY SEC 2), FOR A VARIANCE OF THE LAKEWAY CODE OF ORDINANCES PERTAINING TO THE CONSTRUCTION OF A STREET-FACING GARAGE.  Staff report  Applicant Presentation  Public Hearing  Determination Staff Report & Materials 4 - 24 7 VARIANCE: 201 SERENE HILLTOP CIRCLE. CONSIDER A REQUEST FROM LILYA TESSLER, THE OWNER OF THE PROPERTY LOCATED AT 201 SERENE HILLTOP CIRCLE (LAKEWAY HIGHLANDS PHS 1 SEC 5), FOR A VARIANCE OF THE LAKEWAY CODE OF ORDINANCES Page 1 of 39  PERTAINING TO THE CONSTRUCTION OF A FENCE THAT ENCROACHES INTO THE STREET-SIDE SETBACK.  Staff report  Applicant Presentation  Public Hearing  Determination Staff Report & Materials 25 - 39 8 ADJOURN. ATTEST: Attested to this the _____ day of __________, 2025. Erin Carr, Director, Building and Development Services CERTIFICATE: I certify that the above notice of Meeting was posted on the bulletin board of the Lakeway City Hall on this the _____ day of ______________, 2025. Kathy Sierra, Office Manager, Building and Development Services THE CITY OF LAKEWAY BOARD OF ADJUSTMENT MEETINGS ARE AVAILABLE TO ALL PERSONS REGARDLESS OF ABILITY. IF YOU REQUIRE SPECIAL ASSISTANCE, PLEASE CONTACT THE CITY SECRETARY AT (512) 314-7506 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. THANK YOU. The Board of Adjustment Commission may adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code including, but not limited to, Section 321.3022 (Sales Tax Information). A quorum of the Lakeway City Council may attend this meeting in their individual, personal capacities, and might discuss items posted on the agenda as separate, private citizens (not as a collective group). No City Council deliberations or decisions will occur at this gathering. Page 2 of 39  CITY OF LAKEWAY BOARD OF ADJUSTMENT MEETING Action Minutes of Regular Session Thursday, August 14, 2025, 9:00 a.m. Lakeway City Hall, 1102 Lohmans Crossing Road, Lakeway, Texas 1. Establish Quorum and Call to Order. Board members Steve Smith (chaired the meeting), Charles Koenig, Sean Rosholm, Rip Miller, Ken Gerardi, Kimberley Moyer and Mike Stubblefield. Also present: City Council Liaison: Louis Mastrangelo CONSENT AGENDA - All items listed under the consent agenda may be approved by one motion. Members of the Commission may pull items from the consent agenda for discussion. 2. Approval of Minutes: July 19, 2023, Regular Meeting. • Determination: Motion to approve the consent agenda by Commissioner Moyer and seconded by Commissioner Koenig. Motion carried by a vote of 7-0. END CONSENT AGENDA 3. VARIANCE: CONSIDER A REQUEST FROM RONALD A AND BEVERLY L CARTER TRUST, OWNERS OF THE UNIMPROVED LOT LOCATED IN LAKEWAY SECTION 3, LOT 351, SITUATED DIRECTLY BEHIND AND UNDER COMMON OWNERSHIP WITH THE IMPROVED PROPERTY AT 103 CAPRI FOR A VARIANCE TO SECTION 30.04.003 OF THE LAKEWAY CODE OF ORDINANCES, INCLUDING BUT NOT LIMITED TO PROVISIONS RELATED TO ACCESSORY STRUCTURES. THE SUBJECT UNIMPROVED LOT LIES BETWEEN CUTLASS AND THE REAR PROPERTY LINE OF 103 CAPRI. • Petitioner’s Case – The applicant, Ronald Carter, presented the request. • Public hearing was opened and closed – No one spoke. • Commission action/determination – A motion was made by Board member Gardi to approve the variance at 103 Capri. The motion was seconded by Board member Koeing Motion carried by a vote of 7-0. Vote: Charles Koenig: Aye, Mike Stubblefield: Aye, Rip Miller: Aye, Kimberley Moyer: Aye, Ken Gerardi: Aye, Sean Rosholm: Aye, Steve Smith: Aye. 4. Adjourn. • Chairperson Smith adjourned the meeting at 9:15 a.m. Minutes approved on , 2025, by a vote of . Erin Carr, BDS Director Page 1 of 1 Page 3 of 39  Erin Carr Director, Building & Development Services _________________________________________________________________________________ Zoning Variance Request 303 Lakeway Dr MEETING DATE: December 11, 2025 ADDRESS: 303 Lakeway Dr ACREAGE: 0.3005 acres. LEGAL LOT DESCRIPTION: LAKEWAY SECTION 2 LOT 119 APPLICANT: Karla Solorzano of Freddy’s Make Ready on behalf of property owner Luis Avila. EXECUTIVE SUMMARY: The applicant is a property in Lakeway proper, and they now wish to build a garage. Because of the configuration of the lot, a front-facing garage is the only practical option. This will require a variation from the municipal code. REQUEST: The property currently does not have a garage for covered parking. Because of the orientation and dimensions of the lot, the only feasible solution for placing the proposed garage is to put it at the end of the existing driveway. This solution would require that the garage door face the street. The adjacent property at 307 Lakeway Dr faced the same issues and has implemented the same solution of having street-facing doors for their garage. The requested variance would allow a garage setup that is essentially the same. REFERENCE: VAR-0033-2025 AGENDA ITEM: Consider a request for the improved property at 303 Lakeway Dr for a variance to §24.02.245 of the Lakeway Code of Ordinances relating to Garages, Carports, and Hangars. The variance request is to permit construction of a 2-car garage with a street-facing door/s. PUBLIC NOTICE: Notification letters were mailed to all property owners within 200’ of the subject property. No public comments were received at the writing of this report. ACTION REQUESTED: The Board of Adjustment (BOA) final determination regarding the requested variance to §24.02.245 for a street-facing garage door. Page 1 of 21 Page 4 of 39 ENCLOSURES: ATTACHMENTS: • Location Map • Existing and Proposed Site Plan • Aerial/Zoning Map • Existing and Proposed Elevations • 200’ Notification Area Map • Survey with Septic Tank Location • Public Notice • LCRA Septic Tank Field Location • Owner’s Summary Letter • Variance Justification Letter • Owner’s Authorization • Code Reference Page 2 of 21 Page 5 of 39 Location Map Page 3 of 21 Page 6 of 39 Aerial/ Zoning Map Page 4 of 21 Page 7 of 39 200’ Notification Area Map Page 5 of 21 Page 8 of 39 Public Notice Page 6 of 21 Page 9 of 39 Owner’s Summary Letter1 Page 7 of 21 Page 10 of 39 Owner’s Summary Letter2 Page 8 of 21 Page 11 of 39 Owner’s Summary Letter3 Page 9 of 21 Page 12 of 39 Variance Justification Letter1 Page 10 of 21 Page 13 of 39 Variance Justification Letter2 Page 11 of 21 Page 14 of 39 Variance Justification Letter3 Page 12 of 21 Page 15 of 39 Owner’s Authorization Page 13 of 21 Page 16 of 39 Code Reference1 § 24.02.245 Garages, carports and hangars. (a) Entrances. Entrances to garages, carports, hangars, and maintenance bays shall not face onto any street, public or private unless allowed for through the designated zoning use regulations (article 30.03) or those exceptions listed in subsections (1) or (2) below; (1) If the home is designed with an auto-court consisting of three (3) or more garage bays. When an auto-court consists of separate garage bays, the majority of the garage entrances shall not face onto any street, public or private unless allowed for through the designated zoning use regulations (article 30.03) or approved by the code official. No more than two (2) auto-court garage bays may face onto any street, public or private; or (2) If the use if GUI (government/utility/institutional) or the structure is located in a GUI zoning district. (b) Residential (districts R-1 through R-6).Dwelling units within the city shall be designed with a garage with a minimum capacity of two (2) standard sized cars. Garages and hangars must be completely enclosed with access doors. The enclosing of any existing garage or carport shall not be approved unless additional garage space is added to provide covered parking for at least two (2) standard sized automobiles, adequate storage space, and there remains upon the lot ample off-street parking for at least two (2) standard sized cars. (c) Retirement living (district R-7). Garages or carports shall be provided at the minimum rate of one and one-half (1-1/2) per unit for all dwelling units within an R-7 zoning district. (d) Multifamily residential (district R-8).Garages or carports shall be provided at the minimum rate of one (1) for each one- and two-bedroom unit and two (2) for each three- or four-bedroom unit. (e) Nonresidential. Not required. (Ordinance 2022-07-18-03 adopted 7/18/22; Ordinance 2023-08-21-02 adopted 8/21/2023; Ordinance 2024-02-20-04 adopted 2/20/2024) Page 14 of 21 Page 17 of 39 Code Reference2 Division 7. Variances Sec. 30.07.161 Requirements (a) Variances may be granted only when in harmony with the general purposes and intent of this chapter so that public health, safety and welfare may be secured and substantial justice done. (b) Pecuniary hardship to the owner or developer, standing alone, shall not be deemed to constitute undue hardship. (c) No variance shall be granted if it would provide the applicant with any special privileges not enjoyed by owners of other similarly situated property with similarly timed development. (d) Variances to the provisions of this chapter may be granted if the variance meets all of the following requirements: (1) A special individual reason makes the strict application of this chapter impractical. (2) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. (3) The applicant will incur specific hardships should the variance not be granted. (4) The modification is in conformity with the intent and purpose of this chapter. (5) The granting of the variance will not be detrimental to the public health, safety, or welfare, convenience or injurious to the property in the area. (6) The granting of the variance will not create the probability of harmful environmental consequences. (7) The variance will not negatively impact traffic conditions. (8) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this chapter. Page 15 of 21 Page 18 of 39 Code Reference3 (e) Approval authority. All variances to the provisions of this chapter shall be granted by the board of adjustment. A recommendation from an administrative official may be requested by the board. (f) Approval procedures. (1) All requests for variances shall be made in writing to the code official. The request shall state the specific portion(s) of this chapter with which the proposed development will not comply and shall provide a detailed discussion as to why the applicant wishes to deviate from this chapter. The request should be accompanied by supportive materials as requested by the code official. (2) The code official will review the requests for completeness and prepare a report for the board of adjustment. In making this report, the code official shall address the nature of the proposed use of the land involved, existing uses of land in the vicinity and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. The code official may forward the application to the city engineer for review and comment. (3) The board of adjustment shall then review the request, hold a public hearing and make a final determination. The board may request a recommendation from an administrative official. The board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. (4) After a determination has been made, the code official will provide the applicant with a letter stating the determination and noting any conditions for approval, if applicable. (g) Notice. (1) Public notices are required for variance applications. Written notice of all relevant board of adjustment hearings shall be given to the owners of all real property located within 200 feet in all directions of the property that is the subject of the hearing. Notice shall be given not less than ten (10) days prior to the date of the first hearing either by personal service or by depositing a copy of the notice in the mail addressed to each owner at his address shown on the last approved city tax roll, with postage pre-paid. Page 16 of 21 Page 19 of 39 Code Reference4 (2) Such notice shall state the purpose, date, time, and place of the hearing and shall contain a brief description of the variance including its nature, scope, and location. The notice shall also state the location and times at which the applications and supporting documents are available for public inspection. A telephone number shall be provided where information on the hearing(s) is or will be available at a later date. (3) In addition, notice shall be given by publication at least ten (10) days in advance of the hearings of the board of adjustment in an official paper or a paper of general circulation in Travis County. (h) Expiration. Variances expire concurrently with the permit for which they were granted. Page 17 of 21 Page 20 of 39 Existing and Proposed Site Plan Page 18 of 21 Page 21 of 39 Survey with Septic Tank Location Page 19 of 21 Page 22 of 39 LCRA – Septic Tank Field Location Page 20 of 21 Page 23 of 39 Existing and Proposed Elevations Page 21 of 21 Page 24 of 39  Erin Carr Director, Building & Development Services _________________________________________________________________________________ MEETING DATE: December 11, 2025 ADDRESS: 201 Serene Hilltop Cir ACREAGE: 0.3589 acres. LEGAL LOT DESCRIPTION: LAKEWAY HIGHLANDS PHASE 1 SECTION 5 BLK A LOT 13 APPLICANT: Lilya Tessler. EXECUTIVE SUMMARY: The applicant requests to encroach into the 25’ nonprimary streetside setback and 10’ PUE with a wrought iron fence, which would be compatible with other fences in the area. REQUEST: The property is a corner lot on Serene Hilltop Cir and Majestic Arroyo Way. The request is to place the fence on the property line along the Majestic Arroyo Way frontage, encroaching into the 25’ street setback and 10’ PUE. Majestic Arroyo Way is the nonprimary street, and the distance from the curb to the property line is about 22’. The fence would not interfere with the existing sidewalk. REFERENCE: FENCR-0157-2025 PUBLIC NOTICE: Notification letters were mailed to all property owners within 200’ of the subject property. No public comments were received at the writing of this report. ACTION REQUESTED: The Board of Adjustment (BOA) final determination regarding the requested variance to §24.02.442 for a fence encroaching 25’ into the nonprimary street setback. ENCLOSURES: • Location Map • Aerial/Zoning Map • 200’ Notification Area Map • Public Notice • Application • Site Plan • Owner’s Pictures • Site Pictures • Code Reference Page 1 of 15 Page 25 of 39 Location Map Page 2 of 15 Page 26 of 39 Aerial/ Zoning Map Page 3 of 15 Page 27 of 39 200’ Notification Area Map Page 4 of 15 Page 28 of 39 Public Notice Page 5 of 15 Page 29 of 39 Application Page 6 of 15 Page 30 of 39 Site Plan Page 7 of 15 Page 31 of 39  Owner’s Pictures Page 32 of 39 Page 8 of 15 Site Pictures1 Page 9 of 15 Page 33 of 39 Site Pictures2 Page 10 of 15 Page 34 of 39 Code Reference1 § 24.02.442. Fences. (a) General standards. (1) A building permit is required for the following: (A) Any new fence or screening structure construction. (B) Any fence or screening structure repair that alters the location, design, or specifications of the existing fence or screening structure. (2) No fences of any type shall be placed on any lot which by reason of high walls, excessive height, etc., will unreasonably obscure the view from a dwelling located or reasonably likely to be located upon an abutting lot. (For this purpose, "abutting lot" includes a lot separated only by a street from an adjacent lot.) (3) No fence of any type, including invisible fences installed to prohibit animals from leaving private property, shall encroach into the street setback. Exceptions: (A) Required safety railing and guardrails. (B) Fences up to 15 feet into a nonprimary streetside setback. (4) Wood fences are prohibited on lots abutting a golf course where the wood fence would be visible from the golf course. (5) All fences shall be constructed so that all fence runs are finished on both sides of the fence. Stringers shall have pickets on both sides. Fence posts that are placed on the inside of a fence that encloses a yard do not have to be matched on the outside of the fence. (6) Masonry supporting structures shall be constructed of rock, brick or stucco and shall be a minimum of fourteen (14) inches by fourteen (14) inches and shall be at least as high as the approved fence height, but will not exceed the approved fence height by more than six (6) inches. (7) Masonry supporting structures shall be placed on steel reinforced concrete footings. Such footing shall be placed into virgin soil or solid bearing and shall be at least two (2) inches larger on all sides of the masonry structure and a minimum of eight [(8) inches in depth.] (8) Fences located over dedicated utility/drainage easements may have to be removed should access to such easements be required by any authorized utility company or be required to provide adequate drainage from areas of higher elevation. Replacement of fences shall be at the owner's expense. (9) For those fenced developments or projects which have keyed or coded access through a gate, the developer or owner shall provide keys or codes to the city police department and a key switch for the Travis County ESD #6 Fire Department. (10) Lattice materials may be used for privacy screening (such as the screening of a hot tub, patio or porch) provided they extend no more than twelve (12) feet in length, are no more than eight (8) feet in height. Lattice fences must use panels with a minimum thickness of 3/8 inches. Each lattice panel shall be framed. Page 11 of 15 Page 35 of 39 Code Reference2 (11) Plans for masonry walls, or any portion thereof, four (4) feet or greater in height shall be signed and sealed by a registered professional engineer or architect. Masonry walls are measured from the base of the footing to the top of the wall. Dry stack walls are measured from the grade under the lowest layer to the top of the wall. (12) All fences shall be maintained in good condition. (13) All fences, including wood, wrought-iron, and ornamental fencing, shall be continuous flat-topped without spikes or sharp points. (b) Subdivision perimeter fencing. (1) Subdivision perimeter fencing is fencing that is installed with the development of a subdivision with the intent to provide a uniform border around the perimeter of the subdivision. (2) Subdivision perimeter fencing up to six feet in height may be approved administratively. Subdivision perimeter fencing up to eight feet in height may be approved by the code official as a waiver. (c) Yard fences. (1) Yard fences are those which enclose a yard to provide security and/or to provide privacy. (2) Yard fences shall be constructed of wood, wrought iron, masonry or pre-cast concrete. (3) Yard fences up to six (6) feet in height may be approved administratively. Yard fences up to eight (8) feet in height may be approved by the code official or authorized designee. (4) At least one end of a yard fence shall terminate at the residential unit with which it is associated. (5) Yard fences should be located on property lines whenever possible. Yard fences shall not encroach in the street side setbacks. Exceptions: (A) The code official or authorized designee may approve a waiver for encroachment of a yard fence into a setback when such fence is extended to connect with a subdivision perimeter fence. (B) Required safety railing and guardrails. (C) Fences up to 15 feet into a nonprimary streetside setback. (6) Yard fences constructed of wood shall have masonry supporting structures, or supporting structures of an architecturally superior design as approved by the code official, spaced at least every twelve (12) feet along those portions of the fence facing the street or lake beginning with one column at the fence end on the side lot line. Page 12 of 15 Page 36 of 39 Code Reference3 (A) Exception: For duplexes constructed prior to 1995 and located within R- 4, duplex zoned districts, masonry supporting structures shall be located: (i) Along fence runs facing a street at the point one property line meets another; and (ii) At the corners of those fences facing two streets. (7) Areas used for the storage of materials or equipment in nonresidential areas shall be screened from view from the street and all adjoining properties through the use of wood, masonry or pre-cast concrete yard fences. (8) Masonry or pre-cast concrete yard fences may be required in nonresidential areas to abate noise. (d) Safety railings. (1) Exterior wood, rock, or concrete walkways, driveways, retaining walls, pool aprons, or other accessible areas which exceed thirty (30) inches but less than six (6) feet above grade shall have safety railings or plants substantial in size and density to serve the same purpose. Continuing steps or walkways with slopes exceeding fifteen (15) percent shall be provided with safety railing. Safety railing installed within the floodplain must be metal and may have to be removed during flooding situations. This type of safety railing is a rail or obstruction no more than forty-two (42) inches high with one horizontal member located approximately thirty-six (36) inches above grade. Safety railing will not take the place of required handrails or guardrails. (2) Exterior wood, rock, or concrete walkways, driveways, retaining walls, pool aprons, or other accessible areas which exceed six (6) feet above grade shall have safety railings which meet the requirements of a guardrail. This type of safety railing shall be a minimum of thirty-six (36) inches in height, with vertical pickets spaced less than four (4) inches, and meet all other code requirements. (3) Stormwater detention and water quality ponds holding a water level of twenty- three (23) inches or more shall be protected with a fence for public safety. This fence shall be a minimum of forty-eight (48) inches in height with vertical pickets spaced less than four (4) inches apart and shall be constructed of solid wood, masonry, stone or wrought iron. All fences shall have at least one gate for maintenance access and shall be equipped to accommodate a locking device that will remain locked at all times. (e) Guardrails. (1) Porches, balconies or raised floor surfaces located more than thirty (30) inches above the floor or grade below shall have guardrails not less than thirty-six (36) inches in height. (2) Required guardrails shall be constructed of wrought iron, wood (finished and identical on both sides), steel, or a pre-cast concrete railing system. Materials not approved for guardrails include welded fabric, hog or chicken wire, or similar products. Guardrails shall be constructed in accordance with current code requirements. Page 13 of 15 Page 37 of 39 Code Reference4 (3) Guardrails do not meet the requirement for pool enclosures. (Ordinance 2019-08-26-02 adopted 8/26/19; Ordinance 2024-04-15-05 adopted 4/15/2024; Ordinance 2024-05-20-01 adopted 5/20/2024; Ordinance 2024-10-21-03 adopted 10/21/ 2024; Ordinance 2025-06-16-02 adopted 6/16/2025) Page 14 of 15 Page 38 of 39 Code Reference5 § 24.02.521. Standards for approval. (a) Generally. (1) Waivers and variances may be granted only when in harmony with the general purposes and intent of this article so that public health, safety and welfare may be secured and substantial justice done. (2) Pecuniary hardship to the builder, owner, or developer, standing alone, shall not be deemed to constitute undue hardship. (3) No waiver or variance shall be granted if it would provide the applicant with any special privileges not enjoyed by owners of other similarly situated property with similarly timed development. (b) Waivers. Waivers of the strict application of this article may be granted or required if they meet all of the following requirements: (1) It is a relatively insignificant deviation from the requirements of this article. (2) It would not have any material adverse effect on the property rights of others. (3) It does not affect applicable zoning and other regulations of the city. (4) It would, in a particular situation, enhance public safety more than strict compliance with a provision of this article. (5) It would, in a particular situation, be more satisfactory to the overall plan of the city than strict compliance with a provision of this article. (c) Variances. Variances to the provisions of this article may be granted if the variance meets all of the following requirements: (1) A special individual reason makes the strict application of this article impractical. (2) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land. (3) The applicant will incur specific hardships should the variance not be granted. (4) The modification is in conformity with the intent and purpose of this article. (5) The granting of the variance will not be detrimental to the public health, safety, welfare, or convenience or injurious to the property in the area. (6) The granting of the variance will not create the probability of harmful environmental consequences. (7) The variance will not negatively impact traffic conditions. (8) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this article. (Ordinance 2019-08-26-02 adopted 8/26/19) Page 15 of 15 Page 39 of 39