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 August 13, 2026 IN CITY HALL, 1102 Lohmans Crossing Road, Lakeway, TX 78734 9:00 AM AGENDA This meeting will be held in person. Individuals who do not plan to attend the meeting, but wish to submit comments during the public hearings and citizen participation at the meeting, may submit a comment through our Online Form. Please submit comment by 12:00 p.m. two days prior to the meeting. Page 1 CALL TO ORDER. 2 PLEDGE OF ALLEGIANCE. 3 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA. 4 CITIZENS 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. JUNE 11, 2026 MEETING. June 11, 2026 BOA Meeting Minutes 3-4 END CONSENT AGENDA 6 VARIANCE: CONSIDER A REQUEST FROM LICK CREEK CUSTOM POOLS, ON BEHALF OF CRISTINA CALERO AND JESUS MANTAS THE OWNERS OF 102 GOLDEN BEAR COVE, FOR A VARIANCE OF THE LAKEWAY CODE OF ORDINANCES PERTAINING TO REAR SETBACK ENCROACHMENTS.  Staff report  Applicant Presentation  Public Hearing  Determination Staff Report & Materials 5 - 29 Page 1 of 29 7 ADJOURN. ATTEST: Attested to this the _____ day of __________, 2026. _________________________________________ 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 ______________, 2026. _________________________________________ Kathy Sierra Office Mgr. 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 29  CITY OF LAKEWAY BOARD OF ADJUSTMENT MEETING Action Minutes of Regular Session Thursday, June 11, 2026, 9:00 a.m. Lakeway City Hall, 1102 Lohmans Crossing Road, Lakeway, Texas 1. Establish Quorum and Call to Order. Chairman Steve Smith, Board Members JP Forage, Charles Koenig, Mike Stubblefield, Sean Rosholm, Kimberly Moyer, and Ken Gerardi. Also present: City Council Liaison: Wes Hook 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. 2. Pledge of Allegiance 3. Citizens Participation for Items not on this Agenda – no one spoke. 4. Citizens Participation for the Consent Agenda – no one spoke. 5. Approval of Minutes: May 14, 2026, Regular Meeting. • Determination: Motion to approve the consent agenda by Board Member Forage and seconded by Board Member Stubblefield. Motion carried by a vote of 7-0. END CONSENT AGENDA 6. Variance: 924 PORPOISE. CONSIDER A REQUEST FROM AMANDA AND BRYAN RUSSELL, THE OWNERS OF 924 PORPOISE, FOR A VARIANCE OF THE LAKEWAY CODE OF ORDINANCES PERTAINING TO A STREET-FACING GARAGE. • Petitioner’s Case – The applicant, Bryan Russell, presented the request. • Public hearing was opened and closed – No one spoke. • Board action/determination – A motion was made by Board Member Koenig to approve the variance at 924 Porpoise. The motion was seconded by Board Member Forage motion carried by a vote of 7-0. Vote: Charles Koenig: Aye, Mike Stubblefield: Aye, JP Forage: Aye, Ken Gerardi: Aye, Kimberly Moyer: Aye, Steve Smith: Aye, Sean Rosholm: Aye. 7. Variance: 214 CAPRI. CONSIDER A REQUEST FROM MAKIZE AND ASH ZARABI, THE OWNERS OF 214 CAPRI, FOR A VARIANCE OF THE LAKEWAY CODE OF ORDINANCES PERTAINING TO THE R-1 (SINGLE-FAMILY RESIDENTIAL), LOT SIZE REQUIREMENTS. • Petitioner’s Case – The applicant, Ash Zarabi, presented the request. • Public hearing was opened and closed – No one spoke. • Board action/determination – A motion was made by Board Member Stubblefield to approve the variance at 214 Capri. The motion was seconded by Board Member Rosholm, the vote failed 5-2 (Forage and Gerardi). Board Member Forage wanted to see a site plan prior to approval and stated he would be amenable to the variance if they could review the site plan first. A second motion was made by Chairman Smith postpone to the next regular meeting, seconded by Board Member Forage, the motion failed (2-5) (Forage and Gerardi). Chairman Smith tabled the item until the applicant was able to come before them with his site plan after a short break and Item #8 on the agenda. Page 3 of 29  8. Variance: 214 GANNET COVE. CONSIDER A REQUEST FROM OSCAR AND ELIZABETH COSCIO, THE OWNERS OF 214 GANNET COVE, FOR A VARIANCE OF THE LAKEWAY CODE OF ORDINANCES PERTAINING TO THE R-1 (SINGLE- FAMILY RESIDENTIAL) SETBACK REQUIREMENTS. • Petitioner’s Case – The applicant Oscar Coscio, presented the request. • Public hearing was opened and closed – No one spoke. • Board action/determination – A motion was made by Board Member Gerardi to approve the variance at 214 Gannet Cove. The motion was seconded by Board Member Forage motion carried by a vote of 7-0. Vote: Charles Koenig: Aye, Mike Stubblefield: Aye, JP Forage: Aye, Ken Gerardi: Aye, Kimberly Moyer: Aye, Steve Smith: Aye, Sean Rosholm: Aye. The Board recessed into a short break at 10:40 AM. Meeting resumed at 10:45 AM. After the recess, Item 7 was recalled: 7. Variance: 214 CAPRI. CONSIDER A REQUEST FROM MAKIZE AND ASH ZARABI, THE OWNERS OF 214 CAPRI, FOR A VARIANCE OF THE LAKEWAY CODE OF ORDINANCES PERTAINING TO THE R-1 (SINGLE-FAMILY RESIDENTIAL), LOT SIZE REQUIREMENTS. • Board action/determination – The final motion made was made by Chairman Smith to approve the variance with the condition that the existing garage would have to be removed if a new home permit was not approved within a year, the motion was seconded by Board Member Stubblefield, motion carried by a vote of 7-0. Vote: Charles Koenig: Aye, Mike Stubblefield: Aye, JP Forage: Aye, Ken Gerardi: Aye, Kimberly Moyer: Aye, Steve Smith: Aye, Sean Rosholm: Aye. 9. Adjourn. • Chairman Smith adjourned the meeting at 10:50 a.m. Minutes approved on , 2026, by a vote of . Erin Carr, BDS Director Page 4 of 29  Erin Carr Director, Building & Development Services _________________________________________________________________________________ MEETING DATE: August 13, 2026 ADDRESS: 102 Golden Bear Cove ACREAGE: 0.3119 acres. LEGAL LOT DESCRIPTION: LOT 5 AMENDED PLAT OF FLINTROCK AT HURST CREEK PHS 1 APPLICANT: Matt Thurston of Lick Creek Custom Pools on behalf of owners Jesus R Mantas- Perez & Cristina R Calero-Molino. EXECUTIVE SUMMARY: The request is to encroach no more than 7' into the 25' rear setback to accommodate an at-grade pool deck. The specified rear setback for an R-3 (Single Family - Zero Lot Line - Modified) zoning district is normally 5', but it is 25' for this property because it is adjacent to a golf course. This request was originally scheduled for the July 9 meeting, but had to be rescheduled because there was not a quorum of BOA Commissioners present. REFERENCE: VAR-0050-2026 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: Board of Adjustment (BOA) final determination regarding encroaching no more than 7’ into the 25' rear setback on a golf course lot. ENCLOSURES: ATTACHMENTS: • Location Map • Application to HOA Architectural Committee • Aerial/Zoning Map • Plan Set • Public Notice • Current Condition - Images • 200’ Notification Area Map • 200’ Notification List • Applicant's Letter • Code Reference • Code Reference to Approve a Variance Page 1 of 25 Page 5 of 29 Location Map Page 2 of 25 Page 6 of 29 Aerial/ Zoning Map Page 3 of 25 Page 7 of 29 Public Notice Page 4 of 25 Page 8 of 29 200’ Notification Area Map Page 5 of 25 Page 9 of 29  200’ Notification List Owner Address City State Zip MANTAS-PEREZ JESUS R & CRISTINA R CALERO-MOLINO 102 GOLDEN BEAR CV LAKEWAY TX 78738 POTTER RON & DIAHANN POTTER 104 GOLDEN BEAR CV LAKEWAY TX 78738 KOPLYAY PETER D & TERESA M 105 GOLDEN BEAR CV LAKEWAY TX 78738 BRYNTESON GLEN A 106 GOLDEN BEAR CV LAKEWAY TX 78738 ZEYNEL CHARLES & SUSAN 108 GOLDEN BEAR CV LAKEWAY TX 78738 VISSER STEVE & VIRGINIA 107 GOLDEN BEAR DR LAKEWAY TX 78738 WYATT PAUL L & BEVERLY L 109 GOLDEN BEAR DR LAKEWAY TX 78738 MORAN NANCY & MICHAEL 112 GOLDEN BEAR DR LAKEWAY TX 78738 FUSCO CHRISTOPHER R & ALYCE D 114 GOLDEN BEAR DR LAKEWAY TX 78738 FISCHER SAMUEL & TORI 116 GOLDEN BEAR DR LAKEWAY TX 78738 KYLE ADEROHUNMU 1102 LOHMANS CROSSING LAKEWAY TX 78734 FLINTROCK AT HURST CREEK PROPERTY OWNERS ASSOCIATION PO BOX 342585 AUSTIN TX 78734 HILLS II OF LAKEWAY INC % PROPERTY TAX DEPT 203 PO BOX 4900 SCOTTSDALE AZ 85261 Page 6 of 25 Page 10 of 29 Applicant's Letter1 Page 7 of 25 Page 11 of 29 Applicant's Letter2 Page 8 of 25 Page 12 of 29 Applicant's Letter3 Page 9 of 25 Page 13 of 29 Applicant's Letter4 Page 10 of 25 Page 14 of 29 Code Reference1 § 30.03.004. District R-3 (Single-Family Residential - Zero Lot Line-Modified). (a) Purpose. This district is intended to establish and preserve peaceful, attractive, and safe low-density residential neighborhoods of single-family detached dwelling units and to protect the integrity of such districts by prohibiting the mixture of residential and incompatible nonresidential uses. (b) Permitted uses. (1) One-family dwelling limited to no more than one (1) such building per lot occupied by no more than one (1) family; (2) Accessory structures incidental to the foregoing permitted use; and (3) Home occupation use as set forth in sections 30.05.002 through 30.05.005. (c) Special uses. (1) Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05. (d) Minimum lot dimensions. Organized Sewer Minimum area: 7,500 sq. ft. Depth (min. ft.): 125 Width (min. ft.): 50 *Private sewerage facility not authorized. Lot coverage (max. percentage): See development ordinance. (e) Minimum building setbacks. Organized Sewer Street(s) 25 Side: 5 (golf course 25) Rear: 5 (golf course 25) (f) Minimum floor area. Each dwelling unit shall contain a minimum floor area of heated and air-conditioned space, exclusive of garages, porches or similar additions, of 1,800 square feet. Page 11 of 25 Page 15 of 29 Code Reference2 (g) Maximum height. No part of any structure within this district, except for chimneys, attic ventilators and plumbing vent stacks, may exceed 32 feet in height above the highest natural grade under the slab. Maximum heights for additions constructed after the primary residence has been occupied shall be determined in the manner set forth in section 30.03.023(d). (Ordinance 2003-09-15-1, sec. 3.03, adopted 9/15/03; Ordinance 2006-08-21-2, sec. 1 (rev. 4), adopted 8/21/06; Ordinance 2011-04-18-06, rev. 3 (ex. B (3)), adopted 4/18/11; Ordinance 2015-12-21-02, ex. B, adopted 12/21/15; Ordinance 2024-04-15-03 adopted 4/15/ 2024) Page 12 of 25 Page 16 of 29 Code Reference for Approving a Variance1 § 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. (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. Page 13 of 25 Page 17 of 29 Code Reference for Approving a Variance2 (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. (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. Page 14 of 25 Page 18 of 29 Code Reference for Approving a Variance3 (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. (Ordinance 2005-03-21-2, sec. 1 (rev. 3), adopted 3/21/05) Page 15 of 25 Page 19 of 29 Application to HOA Architectural Committee1 Page 16 of 25 Page 20 of 29 Application to HOA Architectural Committee2 Page 17 of 25 Page 21 of 29 Application to HOA Architectural Committee3 Page 18 of 25 Page 22 of 29  Plan Set1 Page 23 of 29 Page 19 of 25  Plan Set2 Page 24 of 29 Page 20 of 25  Plan Set3 Page 25 of 29 Page 21 of 25 Plan Set4 Page 22 of 25 Page 26 of 29 Plan Set5 Page 23 of 25 Page 27 of 29 Current Conditions - Images1 Page 24 of 25 Page 28 of 29 Current Conditions - Images2 Page 25 of 25 Page 29 of 29