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Board of Adjustment grants variance for subdivision at 4013 Clawson Road with setback and trash‑screening conditions
Summary
The Austin Board of Adjustment approved a variance allowing narrower lot frontages for a proposed subdivision at 4013 Clawson Road, permitting up to six homes; the board set conditions including a 10‑foot setback for second stories and screened trash storage, and noted flood‑mitigation and tree‑preservation considerations.
The Austin Board of Adjustment on April 14 approved a variance permitting narrower lot frontages for a proposed subdivision at 4013 Clawson Road, allowing the creation of multiple smaller lots that could yield up to six homes. The board approved the variance on a recorded 11–0 vote with conditions addressing second‑story setbacks and trash screening.
Why it matters: The approved variance reduces the minimum required frontage on some proposed lots, enabling a higher‑density infill subdivision on an SF‑3–zoned parcel. Board members and staff emphasized the need to ensure flood‑mitigation measures and tree‑preservation requirements are met during the subsequent subdivision and building‑permit processes.
Applicant remarks and proposal: Maximiliano Martinez, PE (who introduced himself during the hearing as Mike Martinez), said the variance request "is to allow for a lot to have less than 50 feet, up front and in the back, for the sub proposed subdivision that we're doing at this site." He told the board that the proposed lots would average roughly 4,338 square feet per unit and that he had updated maps showing surrounding lots where higher density already exists.
Conditions and neighborhood concerns: Board members and some neighbors asked how the proposal would address stormwater, trash collection and tree preservation. Vice Chair Melissa Hawthorne noted that a prior 2022 approval for part of the site required compliance with the South Lamar flood mitigation plan (discussed in the hearing as a 10 percent capture requirement); staff and the applicant said the subdivision process will require detention and on‑site stormwater controls for portions of the site that drain away from the street.
The board added a condition requiring a 10‑foot setback for any second story and higher, with a 5‑foot setback otherwise, and a screened area for trash receptacles behind the property line. Board member Von Olin moved approval with those conditions; Vice Chair Hawthorne seconded. Assistant City Attorney Erica Lopez recommended that the board’s condition language be explicit so the requirements are enforceable during the subsequent building‑permit review.
Other technical points discussed: The applicant said the existing main house on the lot has been removed and that future designs will protect critical root zones and comply with tree‑mitigation rules; he said he was not proposing to remove heritage trees. The applicant also said that under Austin Fire Department practice, structures located more than 50 feet from the curb may be required to have sprinklers.
Votes at a glance: The motion to approve the variance with conditions (10‑foot second‑story setback, 5‑foot elsewhere, screened trash storage) was made by Board member Michael Von Olin and seconded by Vice Chair Melissa Hawthorne. The vote was recorded as: Tommy Yates — yes; Jessica Cohen — yes; Samir Bering — yes; Melissa Hawthorne — yes; Young Ju Kim — yes; Brian Poteet — yes; Maggie Sherastani — yes; Jeffrey Bowen — yes; Nicholas Sacco — yes; Michael Von Olin — yes; Bianca Medina Leal — yes. Outcome: variance granted with conditions.
Next steps: The applicant will proceed to the subdivision and building‑permit phases, where staff will review compliance with the board’s conditions, the South Lamar flood mitigation requirement cited in earlier approvals, tree‑preservation standards and any fire department requirements.
