austin curling center
Dennis and Anita Dunn

Austin, TX

#1 Feb 19, 2013
Sunset Valley (SSV) noted the variance for our “Coming Soon” banner is expired. Given our history of asking for variances, we will be taking our sign down on Sunday as requested. We want supporters to know that this in no way means we are “going away.
Thanks to Jim Woods for posting his observations on the January 8th meeting. It reassures us that we are not alone in recognizing that SSV is exceeding jurisdiction regarding development of the Austin Curling Center ACC, thus depriving us of our property rights.
We have researched public docs leading to approval of the Brodie Barn Event Center (BB), just up the street from our property. We wish these folks every success with their small business.
-The BB is within SSV city limits, subject to all laws.
-ACC is in the ETJ of SSV where SSV has jurisdiction only over watershed, signing and subdivision. They have no jurisdiction over zoning, parking or traffic.
-SSV granted the BB variances for certain Land Development Code issues.
-ACC is not subject to SSV LDC.
-BB was zoned residential. SSV changed it to commercial.
-BB needed “event center” to be added to the allowed land uses in the commercial zone. SSV changed their zoning ordinance to accommodate.
-ACC has a court judgment acknowledging no zoning restrictions. SSV continues to defy that court order by asserting that their Master Plan to rezone to residential. SSV has no jurisdiction over zoning in the ETJ.
-BB submitted for 49% impervious cover. Granted.
-ACC initially submitted for 22% impervious cover. Denied.
-ACC then met the 18% ordinance. Denied. SSV has watershed jurisdiction.
-BB proposed offsite parking. Approved.
-ACC proposed offsite parking. Denied. SSV has no jurisdiction.
-BB proposed overflow parking at the Berger Center. Approved.
-ACC proposed overflow parking. Denied. SSV has no jurisdiction.
-BB offered to self police the parking. Accepted.
-ACC offered to self police the parking. Declined. SSV has no jurisdiction.
-BB needed to join lots 1 and 2. Granted.
-ACC requested to join lots 1 and 2. Refused.
-BB lot 1 is entirely within the Water Quality Transition Zone (WQTZ), thus disallowing commercial development. Granted.
-ACC had 2 parking spaces in the WQTZ and we were berated for even suggesting a variance.
-The required minimum lot size for HWY Commercial is 3 acres. BB lot 1 is 1.458 acres, lot 2 is 1.401 acres. Granted.
-BB encroaches 10’ into the 20’ side yard setback. Granted.
-BB did not meet Ordinance 070522 requiring a 15’ curb to building zone. Granted.
-BB can have over 200 persons at any given event.
-ACC will average 50 persons a night, with approximately six annual events with over 200 persons.
-BB is licensed as a bar and restaurant.
-ACC will be licensed.
-BB paid a “fee” of $61,000 to offset the variances.
-SSV asked ACC for a “fee” or for a donation of land to the city. We declined.
-ACC offered rainwater collection and solar panels to offset. SSV declined.
SSV went above and beyond in granting variances to the BB where they had the power to prevent development, yet they continue to stand in the way of development in an area where they have limited jurisdiction. The bias is obvious. They are holding to a Master Plan to prevent commercial development in the ETJ. This violates our property rights. We bought the property because it had no restrictions. We did not buy it to build a house 30 feet from a four lane commercial street.
The ACC will be an asset to SSV, the people of the ETJ, and to the city of Austin. Our programs will benefit people of all age groups. We have the support of the Austin Sports Commission and USA Curling. We are looking forward to holding Olympic events in our facility. We will provide jobs and bring revenue to the area. We are proceeding hoping that SSV will recognize the inconsistencies in their decisions, thus helping to reach an agreement that will realize an Olympic style Austin Curling Center in our city. We look forward to some serious and forthright discussion.

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