1701 Toomey (Casa de Luz)

Casa de Luz at 1701 Toomey Rd has been plagued by a number of issues over the years. These have included failure to provide adequate parking and failure to meet the fire code. The latest issue involves revocation of the Certificate of Compliance for failure to meet the fire code.

Fire Code Compliance

Certificate of Occupancy Suspension and Firewatch

The following hearings have been conducted:

City Council - Thursday, October 3, 2019 10am; City Hall Council Chambers, Items 66 & 67 (COO Suspension Appeal/Firewatch Appeal)

The City Council voted unanimously to deny the appeal.

Video of Hearing [click on Item 66 & 67] (link)
Backup - Staff Report (COO Suspension) (<1 MB PDF)
Backup - Staff Report (Firewatch) (<1 MB PDF)
Backup - Appellant's Submission (2.5 MB PDF)
Additonal Backup on City Council Agenda Page (link)
Hearing Notice (link)

Building and Fire Code Board of Appeals - Wednesday, 28 Aug 2019, 6p; City Hall Council Chambers (no consensus motion)

Audio of Commission Hearing (link; it may take a little while to completely load and play)
Procedural Discussion (13 min 20 sec) 2:55-16:15
Procedural Discussion (2 min 35 sec) 52:20-54:55
Posting Discussion (4 min 35 sec) 54:55-59:30
Applicant Testimony (7 min 30 sec) 59:30-1:07:00
Staff Testimony (14 min) 1:07:00-1:21:00 (parking mentioned at 1:10:40-1:11:15 and 1:11:40-1:11:50 )
Applicant Rebuttal (40 sec)1:21:00-1:26:20
Motion to Deny Appeal (1 min 30 sec) 1:26:20-1:27:50
Backup - Permit History of Casa de Luz and Fire Code Requirements [2019] (<1 MB PDF)
Backup - Certified Letters from DSD to Casa de Luz [2019] (<1 MB PDF)
Backup - Firewatch Appeal from Casa de Luz [04 Jun 2019] (<1 MB PDF)
Backup - Firewatch Letter from DSD to Casa de Luz [03 Jun 2019] (<1 MB PDF)
Backup - May Appeal Backup [May 2019] (<1 MB PDF)

Fire Sprinkler Plan Review Application (Case 2019-045027 PR; Reference File Name 2019-045027 PR)

City of Austin Build+Connect (AB+C) Webpage (link)

Fire Sprinkler Site Plan Exemption Determination (Case 2018-133586 DA; Reference File Name DA-2018-0721)

City of Austin Build+Connect (AB+C) Webpage (link)
Approved Site Plan Exemption (28 Dec 2018) (<1 MB PDF)

Parking

BoA Parking Variance Request [31 Jul 2015] (Case 2015-069410 BA; Reference File Name C15-2015-0128)

On 31 Jul 2015, the applicant applied for a parking variance with the Board of Adjustment to reduce the required off-street parking from 46 spaces to 0 spaces. The hearing was scheduled for 14 Sep 2015. The hearing was postponed to 12 Oct 2015. On 12 Oct 2015, the Board of Adjustment voted 8-0 to deny the variance request. A request to reconsider was denied by the BoA on 11 Nov 2015.

Site Plan Application [31 Dec 2012] (Case 2012-127854 SP; Reference File Name SP-2012-0443T)

This traffic site plan application was for off-site parking. It expired without any action being taken.

City of Austin Build+Connect (AB+C) Webpage (link)

Site Plan Application [28 Feb 2011] (Case 2011-015327 SP; Reference File Name SP-2011-0058T)

This traffic site plan application was for off-site parking. An application was submitted, but it expired without any action being taken to address the issues raised in the Master Comment Report.

City of Austin Build+Connect (AB+C) Webpage (link)
Master Comment Report U0 [05 Apr 2011] (<1 MB PDF)

BoA Parking Variance Request [26 Aug 2003] (Case/Reference File Name C15-03-110)

On 26 Aug 2003, the owner applied for a parking variance with the Board of Adjustment to reduce the required off-street parking from 68 spaces to 10 spaces. The hearing was scheduled for 13 Oct 2003. The hearing was postponed to 10 Nov 2003. The hearing was postponed to 08 Mar 2004. The hearing was postponed to 14 Apr 2004. On 14 Apr 2004, the Board of Adjustment voted 4-1 to grant a variance with conditions.

BoA Variance Decision [14 Apr 2004] (PDF)

Change of Use

In the 1960's, the commerical building on this site was operated by Texas Meat Purveyors and used as a meatpacking facility. The operation was discontinued. In 1984, a building permit was issued to remodel the space as a restaurant, but the permit was abandoned. In 1991, the owner desired to change the use to a private education facility.

BoA Variance Request [14 Mar 1991] (Case 1991-000010 BP; Reference File Name C15-91-010)

City Code Section 13-2-261 (now LDC § 25-2-832) required a private school to be located on a street having a paved width of at least 40 feet. On 14 Mar 1991, the owner applied for a variance with the Board of Adjustment to allow a change of use from a commercial building to a private education facility on a steet less than 40 feet wide. On 08 Apr 1991, the Board of Adjustment voted 5-0 to grant the variance.

City of Austin Build+Connect (AB+C) Webpage (link)
BoA Variance Decision [08 Apr 1991] (PDF)

Site History

1960's - operating as Texas Meat Purveyors meatpacking plant
1984-12-31 - Building Permit 1984-009004 BP issued (remodel to create a restaurant; voided when applicant abandoned plans)
1991-01-27 - Casa de Luz community center-restaurant opens according to Austin360 article
1991-04-08 - BoA granted (5-0) a variance to allow change of use to private education facility on a street less than 40 feet wide
1991-05-06 - Building Permit 1991-005125 BP issued (re-roof commercial building)
1991-06-24 - Building Permit 1991-007232 BP issued (remodel to create a private education facility)
1991-09-24 - Building Permit 1991-007232 BP passes final inspection (remodel to create a private education facility)
1991-10-28 - Load Card issued for community center (group A-3; 144 max; 2,500 sf)
1991, Fall - Parkside Community School opened with 75 children
1991-11-06 - Building Permit 1991-010757 BP issued (remodel school kitchen and eating area)
1992-01-28 - Building Permit 1991-007232 BP passes final inspection (re-roof commercial building)
1992-02-05 - Building Permit 1991-010757 BP passes final inspection (remodel school kitchen and eating area)
1992-02-05 - Certificate of Occupancy issued ( school kitchen and eating area)
1993-05-26 - Shambala Corporation purchases property
1993-08-19 - Building Permit 1993-004573 BP issued (add two classrooms, restrooms, decks, and covered porches)
1993-12-29 - Building Permit 1993-004573 BP passes final inspection (add two classrooms, restrooms, decks, and covered porches)
1996-07-26 - Fire destroyed kitchen and caused severe damage to the rest of the cafeteria/restaurant according to newspaper article
1996-08-27 - Building Permit 1996-011775 BP issued (demo interior of school cafeteria)
1996-09-07 - Building Permit 1996-012053 BP issued (remodel existing school bathrooms)
1997-02-04 - Load Card issued for restaurant/cooking school (group A-3; 85 max; 2,980 sf)
1997-02-19 - Building Permit 1997-014303 BP issued (remodel interior of school cafeteria)
1997-04-03 - Building Permit 1996-011775 BP passes final inspection (demo interior of school cafeteria)
1997-06-06 - Building Permit 1996-012053 BP passes final inspection (remodel existing school bathrooms)
1997-05-20 - Building Permit 1997-014303 BP passes final inspection (remodel interior of school cafeteria)
1997-06-06 - Certificate of Occupancy issued for school cafeteria
2002-01-09 - Code Complaint CC-2002-010194-ITR received by City (no off-street parking and improper Certificate of Occupancy)
2003, on or before - covered entrance gate constructed without a permit blocking the fire apparatus access road to cafeteria/restaurant
2003-02-13 - Notice of Violation 2002-010194 CV sent to owner (parking)
2004-04-14 - BoA granted (4-1) a parking variance with condition to obtain leases for off-site parking
2008-08-05 - Code Complaint CC-2008-061292 received by City (parking leases no longer operative)
2008-09-09 - Notice of Violation 2008-071129 CV sent to Shambala Corporation (failure to maintain off-site parking agreements)
2008-09-25 - Notice of Violation 2008-071129 CV sent to Eduardo Longoria (failure to maintain off-site parking agreements)
2008-12-01 - Code Complaint CC-2008-092941 received by City (parking)
2008-12-09 - Notice of Violation 2008-094926 CV sent to Eduardo Longoria (no record of Certificate of Occupancy for structure's use)
2009-10-21 - Notice of Violation 2008-094926 CV sent to Eduardo Longoria (no approved site plan)
2010-04-05 - Site Plan Exemption DA-2010-0272 issued (add 479 sf accessory room)
2011-03-01 - Site Plan Exemption DA-2011-0183 issued (demo unpermitted kitchen in second-floor meeting room)
2011-05-20 - Site Plan Exemption DA-2011-0328 issued (remodel existing classroom to add kitchen; applied 2011-04-11)
2011-09-08 - Code Complaint received by City
2012-04-04 - Notice of Violation 2008-094926 CV sent to Eduardo Longoria (dangerous condition with no fire access)
2012-09-06 - Notice of Violation 2008-094926 CV sent to Mary Ann Justman (dangerous condition with no fire access)
2012-09-10 - Notice of Violation 2008-094926 CV sent to Parkside Community School
2014-06-14 - Austin Chronicle article on Casa de Luz (link) and "The City of Austin vs. Casa de Luz: A Chronology," AC p.20 (PDF)
2015-10-12 - BoA denied (8-0) a variance request to reduce parking requirement from 46 spaces to 0 spaces
2015-11-15 - BoA denied applicant's reconsideration request
2016-03-28 - Code Complaint CC-2016 034464 received by City (dangerous rock retaining wall)
2018-02-02 - Notice of Violation 2008-094926 CV sent (gate construction without a permit)
2018-03-30 - Building Permit 2018-062315 BP issued (demo gated entrance; voided when applicant changed plans)
2018-12-28 - Site Plan Exemption DA-2018-0721 issued (fire line tap; applied 2018-08-07)
2018-09-10 - Site Plan Exemption DA-2018-0854 denied (install fire sprinkler system)
2018-09-10 - Site Plan Exemption DA-2018-0855 denied (to secure permits for previously unpermitted work in Serena Room)
2018-09-10 - Site Plan Exemption DA-2018-0856 denied (to secure permits for previously unpermitted gate entrance)
2019-01-03 - Plumbing Permit 2019-000680 PP issued (fire line tap and fire line piping to building; no final as of 30 Sep 2019)
2019-03-25 - Plan Review Application 2019-045027 PR submitted (fire sprinkers; under review as of 30 Sep 2019)
2019-07-09 - Notice of Violation 2008-094926 CV sent (electrical outlet/light installed at gate entrance without a permit)
2019-09-25 - Electrical Permit 2019-191315 EP issued (installation of electrical outlet/light at gate entrance; to address NOV)

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