ITEM08 C15-2025-0038 LATE BACKUP NOV10 — original pdf
ITEM08/1-LATE BACKUP SUPP ITEM08/2-LATE BACKUP SUPP ITEM08/3-LATE BACKUP SUPP
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ITEM08 C15-2025-0038 PRESENTATION — original pdf
Case: C15-2025-0038 William and Medha Fox 9730 Anchusa Proposal To Modify Inner Sideyard and Rear Setbacks ITEM08/1-PRESENTATION This demonstrates the proposed area w/reduced setbacks and unused area behind our property. Not to scale ITEM08/2-PRESENTATION l . e a c s o t t o N i . a e r a r e t a w d a e h / n a p d o o l f e h t d n a a e r a l l l a r e v o e h t s e t a r t s n o m e d s h T i ITEM08/3-PRESENTATION Currently used area for storage ITEM08/4-PRESENTATION This shows the areas with the current and proposed setbacks. Current on the left and proposed on the right. The box demonstrates the amount of the tree that would have to be removed under current setback. ITEM08/5-PRESENTATION Closer look at the area to be pruned with the proposed setback. ITEM08/6-PRESENTATION To the right of the yellow line is the building area with the proposed setback. Another 10ft would be required with the current setback. That would require the removal of the fig tree. ITEM08/7-PRESENTATION Same and additional views w/tape layout to show proposed building dimensions and flat area for construction. ITEM08/8-PRESENTATION ITEM08/9-PRESENTATION Views of the 8ft fence at the rear of the yard and views over the fence toward the adjoining commercial property. ITEM08/10-PRESENTATION This demonstrates the only other viable option but would require more culling of trees and would require building under the canopy of large live oak, revision of the drainage area as well as adding concrete in the live oak drip line. ITEM08/11-PRESENTATION The area here has only 6ft tall fencing. The HOA would not approve the building due to height and lack of screening from the street/other neighbors. ITEM08/12-PRESENTATION These views give a Look from the rear of the house toward the area showing the large live oaks and the extent of the canopies. Also they somewhat demonstrate the greenery already in place that it is preferred be left alone. One redundant photo bottom right. ITEM08/13-PRESENTATION Lastly, the area down hill from the proposed build site showing the gathering area of the wet weather creek. Due to the topography and purpose, no building should be done in this area. ITEM08/14-PRESENTATION
ITEM09 C15-2025-0035 ADV PACKET APPELLANT PART1 — original pdf
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday October 13, 2025 CASE NUMBER: C15-2025-0035 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___-____Michael Von Ohlen (D10) ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPELLANT: Bob Kaler and Carol Journeay OWNER: Kateryna Luschchenko ADDRESS: 205 34TH ST APPEAL REQUESTED: The appellant has filed an appeal challenging the approval of a building permit (BP No. 2025-072930) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street, Austin, TX 78705. The appeal alleges that City staff’s decision to approve the permit failed to comply with applicable zoning regulations, including requirements of the North University Neighborhood Conservation-Neighborhood Plan (NCCD-NP) Combining District (Ordinance No. 040826-58) and/or Chapter 25-2 relating to required setbacks, limits on gross floor area, and other site development standards, as well as requirements for development applications in Section 25- 1-82 (Non-Subdivision Application Requirements and Expiration). Ordinance No. 040826-58 North University Neighborhood Conservation Combining District Section 3 - Street yard setbacks. Front yard setback. The minimum front yard setback equals the average of the front yard setbacks of the principal Note: Part 6 General Provisions. Except as otherwise provided in this ordinance, the following provisions apply to all property within the NCCD-NP. This section does not apply to Waller Creek/Seminary District 7 or District 7A. a. single-family buildings on the same side of the street of a block. The maximum setback may not exceed the average setback by more than five feet. Part 7 RESIDENTIAL DISTRICT. The Residential District is intended to protect the original buildings and development patterns of the neighborhood that were established for residential use. Single family homes and some of the older multi-family structures were built in the context of the traditional development patterns. New residential development should respect traditional patterns including building orientation, scale, height, setbacks and parking location. ITEM09/1-APPELLANT 1. regulations apply. Site Development standards table. Except as otherwise modified in this part, the following site development Footnote **a new principal structure must be at least 10 feet from a principal structure on an adjacent lot. Land Development Code, 25-1-82 Non-Subdivision Application Requirements and Expiration This section does not apply to an …
ITEM09 C15-2025-0035 ADV PACKET APPELLANT PART2 — original pdf
209 E 34th St 7 ITEM09/35-APPELLANT 200 E 34t St 8 ITEM09/36-APPELLANT 202 E 34th St 9 ITEM09/37-APPELLANT 204 E 34th St 10 ITEM09/38-APPELLANT 206 E 34th St 11 ITEM09/39-APPELLANT 208 E 34th St 12 ITEM09/40-APPELLANT 202 E 34th St: ADU Facing Alley 13 ITEM09/41-APPELLANT A204 E 34th St: ADU Facing Alley 14 ITEM09/42-APPELLANT 206 E 34th St: ADU Facing Alley 15 ITEM09/43-APPELLANT 205 E 34th St: Building 2 Front Elevation Facing South to Alley 16 ITEM09/44-APPELLANT 205 E 34th St: Building 2 Side Elevation Facing West 17 ITEM09/45-APPELLANT July 28th 2025 Carol Journeay 207 E 34th St Austin, Texas 78705 This letter is to notify you of receipt of your communication as an interested party as described by the Land Development Code Title 25-1-131. A residential building permit application was filed for the property located at 205 E 34th St for a new three-unit use. This application was filed on June 12th 2025 by Kate Juschenko. An interested party is a person who has an interest in a matter that is the subject of a public hearing or administrative decision. A person has an interest if the person communicates an interest in a matter and occupies or owns property within 500 feet of the proposed development. A person communicates an interest in a matter that is the subject of an administrative decision by delivering a written statement to the responsible director. The communication must identify the general issues of concern and include the person’s name, telephone number, and mailing address. An administrative decision can be appealed under the Land Development Code Title 25-1-181. A person has standing to appeal an administrative decision if the person is an interested party. An appeal must be initiated and submitted to the responsible director within 20 days of an administrative decision. A notice of appeal must include the name, address, and telephone number of the appellant; the name of the applicant, if the applicant is not the appellant; the decision being appealed; the date of the decision; a description of the appellant’s status as an interested party; and the reasons the appellant believes the decision does not comply with the requirements of the Land Development Code. As per Title 25-1-186, if the applicant requests, the responsible director shall schedule a meeting to discuss and attempt to resolve the issues raised by an appeal of an administrative decision. The responsible director shall notify all …
ITEM09 C15-2025-0035 ADV PACKET PERMIT HOLDER — original pdf
BOA RE-CONSIDERATION INTERPRETATION APPEAL COVERSHEET CASE: C15-2025-0035 BOA DATE: Monday, October 13th, 2025 ADDRESS: 205 E 34th St COUNCIL DISTRICT: 9 APPELLANT: Carol Journeay & PERMIT HOLDER/OWNER: Kateryna Lushchenko Bob Kaler ZONING: SF-3-NCCD-NP (NUNA) LEGAL DESCRIPTION: LOT 3 BLK 19 DIV D HARRIS SIDON RESUB OF GROOMS ADDN APPEAL REQUEST: appellant has filed an appeal challenging the approval of a building permit (BP No. 2025- 072930) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street. SUMMARY: any proposed development must comply with the provisions of the NCCD ISSUES: application is incomplete, and the plan set does not contain the information necessary to demonstrate full compliance with relevant regulations. ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council CANPAC Friends of Austin Neighborhoods Homeless Neighborhood Association North University Neighborhood Association North University Neighborhood Development Review Committee Preservation Austin ITEM09/1-PERMIT HOLDER Introduction and Summary of Grounds for Reconsideration The Applicant respectfully submits this request for reconsideration of the Board of Adjustment’s October 13, 2025 decision in Case No. C15-2025-0035 concerning the property located at 205 East 34th Austin, TX 78705. This request is made pursuant to the Board’s rules governing reconsideration, which allow a decision to be reopened when the request (1) states how the Board erred in its determination, (2) explains why reconsideration is warranted, and (3) presents new or clarified evidence that materially affects the decision. This request is submitted pursuant to Board of Adjustment Reconsideration Rules, which expressly permits reconsideration when procedural error, new evidence, or substantive misunderstanding has occurred. This appeal meets each of those standards. It provides documented evidence that the Board’s ruling was based on incomplete and outdated information, extended beyond its posted scope, and produced consequences far outside the facts of the case. It also presents new, clarified, and corrected evidence— including the accurate, approved permit drawings—that were not reviewed at the hearing and that directly refute key assumptions underlying the decision. Together, these materials create an appropriate and necessary basis for reconsideration. Procedural and Evidentiary Error The first ground for reconsideration is procedural. The official transcript shows that several Board members explicitly sought to issue a narrow decision confined to the case at hand. Nonetheless, at the end of deliberation, new language was introduced redefining attic space with …
ITEM09 C15-2025-0035 ADV PACKET STAFF REPORT — original pdf
To: From: Chair Cohen Board of Adjustment Members Brent D. Lloyd, Development Officer, ADS Lyndi Garwood, Principal Planner, ADS Date: October 3, 2025 Subject: Appeal of Staff Interpretation of Site Development Standards in North University Neighborhood Conservation Combining District (NUNA NCCD) The matter before the Board of Adjustment (“BOA” or “Board”) is an administrative appeal challenging staff’s approval of residential building plans submitted for development of a proposed three-unit residential use at 205 E. 34th Street. The issue in the appeal is whether the Austin Development Services (“ADS”) correctly applied site development standards established in the North University Neighborhood Conservation Combining District (“NUNA-NCCD”) and other adopted zoning regulations. Summary of Issues & ADS’s Position As discussed below, following submission of the appeal, ADS determined that errors were made in the review process that render the approved structure noncompliant with NUNA- NCCD setback requirements. Our intent is to require the permit applicant to submit revised construction plans to fix the setback errors prior to proceeding with construction, so we would ask the Board to take action to modify the plan approval to explicitly require these corrections. We respectfully disagree with appellants, however, that the NUNA-NCCD’s 0.40 limit on floor-to-area ratio (FAR) applies to the proposed three-unit residential use. As discussed below, this NCCD only limits FAR for duplexes and two-family uses within the Residential District; the proposed development, while within the Residential District, is not a duplex or a two-unit use, but rather a three-unit residential use that is not subject to a FAR limit under the NCCD. Additionally, while appellants are correct that not all of the required materials were provided during the plan review process, the permit applicant has submitted revised application materials and stamped surveys that remedy this deficiency and demonstrate ITEM09/1-STAFF REPORT that the proposed corrections will achieve compliance with the NCCD setback requirements. Procedural Requirements for Appeal DSD believes that this appeal is properly before the BOA because it was filed within 20 days of the date the plans were approved1 and because the named appellants, Bob Kaler and Carol Journeay, own property within 200-feet as required by state law to invoke the BOA’s authority to review permitting decisions.2 We encourage the Board to consult legal counsel if you have questions on standing, timeliness, or other issues affecting the legal sufficiency of the appeal under Local Gov’t Code Sec. 211.010 or other authority. In acting on …
ITEM09 C15-2025-0035 DENIED RECON REQ DS — original pdf
CITY OF AUSTIN Board of Adjustment RECONSIDERATION APPEAL Decision Sheet ITEM09 DATE: Monday November 10, 2025 CASE NUMBER: C15-2025-0035 __N_____Thomas Ates (D1) __Y_____Bianca A Medina-Leal (D2) __Y_____Jessica Cohen (D3) __Y_____Yung-ju Kim (D4) __Y_____Melissa Hawthorne (D5) __Y_____Haseeb Abdullah (D6) __Y_____Sameer S Birring (D7) __Y_____Margaret Shahrestani (D8) __N_____Brian Poteet (D9) __Y_____Michael Von Ohlen (D10) __Y_____Jeffery L Bowen (M) __-_____Corry L Archer-mcclellan (Alternate) (M) __-_____Suzanne Valentine (Alternate) (M) __-_____VACANT (Alternate) (M) APPELLANT: Bob Kaler and Carol Journeay OWNER: Kateryna Luschchenko ADDRESS: 205 34TH ST APPEAL REQUESTED: The appellant has filed an appeal challenging the approval of a building permit (BP No. 2025-072930) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street, Austin, TX 78705. The appeal alleges that City staff’s decision to approve the permit failed to comply with applicable zoning regulations, including requirements of the North University Neighborhood Conservation-Neighborhood Plan (NCCD-NP) Combining District (Ordinance No. 040826-58) and/or Chapter 25-2 relating to required setbacks, limits on gross floor area, and other site development standards, as well as requirements for development applications in Section 25- 1-82 (Non-Subdivision Application Requirements and Expiration). Ordinance No. 040826-58 North University Neighborhood Conservation Combining District Section 3 - Street yard setbacks. Front yard setback. The minimum front yard setback equals the average of the front yard setbacks of the principal Note: Part 6 General Provisions. Except as otherwise provided in this ordinance, the following provisions apply to all property within the NCCD-NP. This section does not apply to Waller Creek/Seminary District 7 or District 7A. a. single-family buildings on the same side of the street of a block. The maximum setback may not exceed the average setback by more than five feet. Part 7 RESIDENTIAL DISTRICT. The Residential District is intended to protect the original buildings and development patterns of the neighborhood that were established for residential use. Single family homes and some of the older multi-family structures were built in the context of the traditional development patterns. New residential development should respect traditional patterns including building orientation, scale, height, setbacks and parking location. 1. regulations apply. Site Development standards table. Except as otherwise modified in this part, the following site development Footnote **a new principal structure must be at least 10 feet from a principal structure on an adjacent lot. Land Development Code, 25-1-82 Non-Subdivision Application Requirements and Expiration This section does not apply to …
ITEM09 C15-2025-0035 LATE BACKUP NOV10 OPP — original pdf
November 3, 2025 Re: Letter Opposing Reconsideration C15-2025-0035 Dear Members of the Board of Adjustment, We oppose the reconsideration request submitted by the permit holder for Case C15- 2025-0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. We are the owners of 308 E 34th St, which is within 500 feet of 205 E 34th St, and 310 E. 34th Street. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (effectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post- hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Terry McGinty and Leon Barish 308 and 310 E 34th Street Austin, TX 78705 Emails: BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/1-LATE BACKUP OPP Dear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025- 0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. My wife and I own and live at 209 E 34th St, “two doors down” from 205 E 34th St (and within 500 feet). The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (effectively four units rather than three); …
ITEM09 C15-2025-0035 LATE BACKUP NOV10 LTR JON_K — original pdf
ITEM09/1-LATE BACKUP JK LTR ITEM09/2-LATE BACKUP JK LTR ITEM09/3-LATE BACKUP JK LTR ITEM09/4-LATE BACKUP JK LTR
ITEM09 C15-2025-0035 LATE BACKUP NOV10 SUPP — original pdf
ITEM09/1-LATE BACKUP SUPP An inclusive voice for Austin neighborhoods. Felicity Maxwell Zilker President Roger L. Cauvin Downtown Treasurer October 24, 2025 RE: Board of Adjustment Case C15-2025-0035 Board of Adjustment staff, Friends of Austin Neighborhoods (FAN) supports reconsideration of case C15-2025-0035 to clarify the Board of Adjustment's rationale for its October 13th decision. FAN's membership has called for allowing all forms of neighborhood-scale housing throughout all of Austin's neighborhoods, and FAN supported HOME as a modest step towards legalizing the full diversity of housing types. The initial ruling in case C15-2025-0035 appears to have redefined attic space with more than six feet of height as floor area. Local architects and home builders have expressed concern that counting such attic space towards floor area ratio (FAR) will constrain the very types of housing that HOME was intended to make easier to build. We therefore seek clarification in case C15-2025-0035 that the Board of Adjustment's decision does not modify or reinterpret "gross floor area", and that FAR calculations continue to exclude unconditioned attic volume, regardless of height. Respectfully, Board of Directors of Friends of Austin Neighborhoods (FAN) Friends of Austin Neighborhoods (FAN) is a coalition of neighborhood associations and residents reclaiming the word “neighborhood” to include the full diversity of voices, moving beyond neighborhood protectionism. ITEM09/2-LATE BACKUP SUPP October 24, 2025 Board of Appeals RE: October 13th Board of Appeals Attic Ruling Dear Board of Appeals, A concern has been raised within the AIA Housing Committee regarding a change to the definition of Floor-to-Area-Ratio. The letter below aims to outline the significant implications of this change carefully. We kindly request that the Board of Appeals review these concerns and consider our constructive solutions. Urgent Request: Rescind or Clarify the October 13 BOA Attic Ruling At its October 13, 2025 hearing, its is our understanding that the Austin Board of Adjustment unintentionally created a new citywide policy redefining attic space as “floor area” whenever the head height exceeds six feet, regardless of whether that area is structural, habitable, or accessible. This reinterpretation, inserted spontaneously into a motion at the end of a long and contentious meeting, rewrites how Floor Area Ratio (FAR) is calculated across Austin. The new rule was not fully analyzed, nor intended. Yet it instantly renders thousands of existing homes technically noncompliant, halts numerous projects in progress, and undermines core city goals around housing a9ordability, density, architectural diversity, and good …
ITEM09 C15-2025-0035 LATE BACKUP OPPOSITION — original pdf
PUBLIC HEARING INFOHi\lATIO~ Although applicants and or their .,~cnt(,) ,nc c,pc~lcti tn attend a public hearing. you are not required to att ~nd I I,,\\ c, 1..·1. if~ nu do attend, you \l, \ 1 '- '- r the proposed have the opportunit) :1 neighborhood or development or change. environmental organization in an th,tl h,\\ application affecting your nc1g.hb,,, lw, ,d ,pc;1k 'i l)tl ma~ \. 'I''\. ,1..·,I an .11,,, u,111.h. l interest I< m. ,,, to During a public hearing, the board ,,, " '.in,ssion may postpone or continue an application's hearing lt1 ., l,ll1.. d,1ll.: ur rc\.ommcnd approval or denial of the application. 11 the b, ,.11 d or commission announces a specific date and time for a postr'llmcmcnt or continuation that is not later than 60 days from the announccml!nt. no further notice is required. A board or commission's decision ma~ be appcall!d by a pcrson with standing to appeal, or an mtcrcslnl part) th,H i:, 1dcntdicd as a pc1 son who can appeal the decision The b0d~ holding a public hearing on an appeal will determine whether a person ha:-. standm~ to appeal the decision. An interested part) is dcfinl.'d a, ,1 person ,, ho i, the .1pplicant or record owner of the subject propt:rt>. 01 \\ ho conmrnnicatcs an interest to a board or commiss1on h~ : • delivering a wri tten :-.t.itc.:1111.·111 to the board or commission before or during the public he~111ng th.11 generally identities the issues of concern (;r 1110_1 ht dt·/11 l'I'< ii,,, the contact person listed 011 a notice); or appearing am1 sp1.·;1h.in:! h.,r tl11.· record at the public hearing; • and: • occupies a pn111,1r~ 1r::-1tk1i...1.· that is\\ ith in 500 feet of the subject Written comments must be submitted to the contact person listed on the notice before 9 a.m. the day of the public hearing to be added to the Late Back-up and viewed by the Board the night of the meeting. Your comments should include the name of the board or commission, or Council; the scheduled date of the public hearing; the Case Number. and the contact person listed on the notice. All comments received will become part of the public record of this case. Case Number: CIS-2025-0035 Contact: Elaine Ramirez; clainc.ramirez@austintexas.gov I Public Hearing: Board of AdB:!_stment; October 13th , 2025 Oav,·d :Joy Your Name (please print) S'»eeJwa1,1 Avenu-e 14oq Your address(e's} affectedhy this application …
ITEM09 C15-2025-0035 LATE BACKUP SUPPORT — original pdf
Board of Adjustment – City of Austin c/o Elaine Ramirez (elaine.ramirez@austintexas.gov) Re: Support for Appeal – C15-2025-0035 Dear Board of Adjustment, I am writing to express my support for appeal C15-2025-0035. I am a utility account holder at 203 ½ E 34th St (Unit B, an ADU) and a resident of the North University neighborhood. I respectfully ask the Board to sustain the appeal, reverse the administrative approval of Permit 2025-072930 PR, and deny the plan set and application in full. Any future submittal should be treated as a new application that must demonstrate full compliance with the SF-3- NCCD-NP standards and the Land Development Code. Reasons I Support the Appeal 1. The NCCD’s purpose and neighborhood pattern. The North University Neighborhood Conservation Combining District (NCCD-NP) was adopted by City Council to preserve the traditional residential form of our neighborhood. Part 7 specifically states: “New residential development should respect traditional patterns including building orientation, scale, height, setbacks, and parking location.” The proposed project violates these principles, disregarding the block’s historic porch line, modest scale, and single-family residential character. This exact charm is what attracted me to the neighborhood in the first place; This home has been the perfect spot for my Ph.D. studies. 2. Use / type concerns (functionally four units, apartment-style). The project’s design and marketing materials indicate an apartment-style, communal-living use rather than family-oriented residential. It includes ~20 bedrooms, shared kitchens, dual stairways, fire-rated walls, and “wet-bar” layouts that effectively divide the rear building into two units. This configuration functions as four units, inconsistent with the ≤ 3 units allowed under SF-3 zoning and contrary to the family-residential context intended by the NCCD. 3. Incomplete / inaccurate application documentation. The submitted plan set does not demonstrate compliance with several key NCCD standards, including: • Front setback averaging (maintains the porch line and street rhythm) • • FAR limits (0.40 max, proposal exceeds at ~0.64) 10-foot separation between principal structures (fire safety, light, air, privacy) Additionally, overlays have been misidentified or omitted, making the review process unclear and incomplete. This plan should not have been administratively approved. ITEM09/1-SUPPORT Why These Standards Matter • Side setbacks & 10-ft separation – These ensure fire safety, access for firefighters, daylight, ventilation, privacy, and quiet enjoyment of homes. Ignoring them erodes neighborhood livability. • Front setback averaging – Preserves the street’s visual harmony, pedestrian comfort, and tree space. Without it, a new structure …
ITEM09 C15-2025-0035 PRESENTATION APPELLANT — original pdf
C15-2025-0035 / 205 E 34th St Presentation on Behalf of Bob Kaler and Carol Journeay (Appellant) Please DENY Request for Reconsideration ● Unanimous decision. ● Significant deliberation. ● Significant public testimony. ● Correctly decided. 1 ITEM09/1-PRESENTATION APPELLANT Board Decision: 1) The number of units shown in the design should be interpreted as greater than three (3). - Correctly decided. - Duplex duplicated on site (Buildings 1 and 2, identical footprint) - Nearly identical floorplans (each bldg has 10 bedrooms, 5 bathrooms, 3rd floor with additional room). - Four main entrances. - 1-foot drop off between units. - Wall Plan shows enclosed, separate units. - Post-hearing modifications not a valid reason for reconsideration. 2 ITEM09/2-PRESENTATION APPELLANT Approved Wall Plan Showing Enclosed, Separate Units in Building 2 3 ITEM09/3-PRESENTATION APPELLANT ~1 ft. elevation drop between floors First Floors 4 ITEM09/4-PRESENTATION APPELLANT Identical. Second Floors 5 ITEM09/5-PRESENTATION APPELLANT Board Decision: 2) The average front yard setback should have been calculated from the four (4) adjacent properties on the same side of the street. The average side yard separation should be calculated per the nccd. - Correctly decided. - City staff in agreement that setbacks not compliant with NCCD zoning ordinance: - - “The minimum front yard setback equals the average of the front yard setbacks of the principal single-family buildings on the same side of the street of a block.” Part 6, Section 3.a. of Ordinance No. 040826-58 (NCCD). “A new principal structure must be at least 10’ from a principal structure on an adjacent lot.” Part 7, Section 1 of Ordinance No. 040826-58 (NCCD). - Post-hearing modifications not a valid reason for reconsideration. 6 ITEM09/6-PRESENTATION APPELLANT Approved plans showing incorrect setbacks 7 ITEM09/7-PRESENTATION APPELLANT Board Decision: 3) The approved plans should meet the criteria for FAR requirements under the gross floor area definition of attic in 25-2-773 (E)(1)(b). The definition of floor in 25-2-773 (E)(1)(b) is not limited to whether the floor is load-bearing or not . - Correctly decided. - BOA decision consistent with staff explanation (next slide). - “GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls, except as provided in this subsection.” LDC 25-2-773 (E)(1)(b). 8 ITEM09/8-PRESENTATION APPELLANT 9 ITEM09/9-PRESENTATION APPELLANT 18” structural depth for 3rd Floor 10 ITEM09/10-PRESENTATION APPELLANT Egress window for 3rd Floor 11 …
ITEM09 C15-2025-0035 PRESENTATION PERMIT HOLDER — original pdf
205 E 34th Street • Summary of the Request • 1. Accept new and clarified evidence showing that the decision was based on outdated and incorrect drawings and on misapplied code interpretations. • 2. Acknowledge procedural and substantive error in the addition of new motion language not publicly deliberated. • 3. Reconsider and amend the October 13 2025 decision to remove the attic-space clause “is not limited to whether the floor is load bearing or not” and to clarify that non-habitable attic volume remains excluded as gross floor area until Council acts otherwise. ITEM09/1-PRESENTATION PERMIT HOLDER Gross Floor Area (25-1-21) Definition in the Land Development Code GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls. HOME Ordinance: This subsection applies to the area established in Subsection 1.2.1 of (E) Chapter 252, Subchapter F (Residential Design and Compatibility Standards). •(1) •(a) •(i) •(ii) 2023. In this subsection, EXISTING DWELLING UNIT means a dwelling unit that is: legally permitted and occupied before December 7, 2023; or described in an application for a residential permit that was submitted on or before December 7, GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of •(b) more than six feet, measured to the outside surface of the exterior walls, except as provided in this subsection. Gross Floor Area Exclusions. For a property that includes an existing dwelling unit that was constructed on or before December •(2) •(a) 31, 1960, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met. •(b) For a property that includes an existing dwelling unit that was constructed on or after January 1, 1961, and is at least 20 years old, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met. ITEM09/2-PRESENTATION PERMIT HOLDER Attic Area with load bearing framing- both trussed and conventional framing ITEM09/3-PRESENTATION PERMIT HOLDER Attic area with Mechanical Systems ITEM09/4-PRESENTATION PERMIT HOLDER Examples of Historic structures in the Neighborhood ITEM09/5-PRESENTATION PERMIT HOLDER • These new structures become non-complying based on the BOA Ruling for GFA 10.13.25 with an attic. If the ceilings are vaulted then the GFA doesn’t count but yet …
ITEM10 BOA MONTHLY REPORT_OCT — original pdf
BOA Monthly Report July 2025-June 2026 October 13, 2025 Granted 1 (Appeal) 1. appeal challenging the approval of a building permit (BP No. 2025-072930) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street Postponed 4 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the front yard setback 2. 25-10-127 (Multi-Family Residential Sign District Regulations): (E) (2) (a) to exceed total sign area and (E) (2) (a) to exceed total sign area 3. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 4. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length Withdrawn Denied 0 0 Discussion Items 1 Oct 2025 Interpretations Oct 2025 BAAP 1 new inquiries 0 (Added Oct 13# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 4 9 0 0 5 Board members absent: Michael Von Ohlen, Suzanne Valentine (unavailable) (1 vacant alternate position) September 8, 2025 Granted 1 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback and 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback and 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) from impervious coverage requirements to increase Postponed 3 5. 25-10-127 (Multi-Family Residential Sign District Regulations): (E) (2) (a) to exceed total sign area and (E) (2) (a) to exceed total sign area 6. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 7. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length Withdrawn Denied 0 0 Discussion Items 1 Sept 2025 Interpretations Sept 2025 BAAP 1 new inquiries 0 (Added Sept 8# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 3 5 0 0 4 Board members absent: Niccolo A Sacco, Michael Von Ohlen, Suzanne Valentine (unavailable) (1 vacant alternate position) August 11, 2025 Granted 1 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback Postponed 2 1. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 2. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock …
Approved Minutes — original pdf
Animal Advisory Commission Minutes November 10, 2025 Animal Advisory Commission Regular Meeting Minutes Monday, November 10, 2025 The Animal Advisory Commission convened in a regular meeting on Monday, November 10, 2025, at Austin City Hall, 301 W 2nd St, Room 1101 in Austin, Texas. Parliamentarian Norton called the Animal Advisory Commission meeting to order at 6:00 p.m. Commissioners in Attendance: Dr. Paige Nilson, Chair, D4 Jennifer Daniel, D6 Erin Ferguson, D8 David Loignon, D10 Jo Anne Norton, Parliamentarian, D7 Commissioners in Attendance Remotely: Ann Linder, Vice Chair, D3 Beatriz Dulzaides, D2 Whitney Holt, D5 Commissioners Absent: Koby Ahmed, Mayor Ryan Clinton, Travis County Sarah Huddleston, D9 Nancy Nemer, Travis County PUBLIC COMMUNICATION: GENERAL Suzie Chase – Recap of Austin Animal Welfare Town Hall Pat Valls-Trelles – No Response Edith Grisel Rios – Dog Finder Resource Struggles Robin Katz Gonzalez – AAS Shelter Direction Rochelle Vickery – Cat release at Airport Kristyn Williams – Budget and Community Cats APPROVAL OF MINUTES 1 Animal Advisory Commission Minutes November 10, 2025 1. Approve the minutes of the Animal Advisory Commission Regular Meeting on October 13, 2025. The motion to approve the minutes of the Animal Advisory Commission Regular Meeting on October 13, 2025, was approved on Parliamentarian Norton’s motion, Commissioner Holt’s second on an 8-0 vote. Commissioners Ahmed, Clinton, Huddelston, and Nemer were absent. STAFF BRIEFINGS 2. 4. 5. Staff briefing regarding monthly reports provided by Jason Garza, Assistant Director, Austin Animal Services and Rolando Fernandez, Interim Chief Animal Services Officer, Austin Animal Services. The presentation was made by Jason Garza, Assistant Director, Austin Animal Services and Rolando Fernandez, Interim Chief Animal Services Officer, Austin Animal Services. Staff briefing on the implementation status of Shelter buddy. Presentation by Rolando Fernandez, Interim Chief Animal Services Officer, Austin Animal Services. The presentation was made by Mary Brown, Program Manager, Austin Animal Services, Melissa Pool, Interim Chief Administrative Officer, Austin Animal Services, and Rolando Fernandez, Interim Chief Animal Services Officer, Austin Animal Services. Staff briefing on the Strategic Plan Dashboard. Presentation by Juany Torres, Strategic Plan Project Manager, Austin Animal Services. The presentation was made by Juany Torres, Strategic Plan Project Manager, Austin Animal Services. DISCUSSION ITEMS 6. Update on the recruitment process for the Austin Animal Services Director. Presentation by Rodney Crain, Senior Consultant, MGT. The presentation was made by Rodney Crain, Senior Consultant, MGT. WORKING GROUP UPDATE 7. Update from the Strategic Plan Working …
Approved Minutes — original pdf
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, November 10, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, November 10, 2025, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:56 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Haseeb Abdullah, Sameer S Birring, Jeffery Bowen, Bianca A. Medina-Leal, Brian Poteet, Maggie Shahrestani, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates, Yung-ju Kim Board Members absent: Corry L Archer-Mcclellan (Alternate) PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. NONE APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on October 13, 2025. On-Line Link: Oct 13, 2025 draft minutes The minutes from the meeting on October 13, 2025, were approved on Board member Michael Von Ohlen, Vice Chair Melissa Hawthorne second, on 11-0 Vote. PUBLIC HEARINGS Discussion and action on the following cases New Interpretation case: 2. C15-2025-0041 Christ May (Appellant) Warren Konkel (Owner) 6706 Bridge Hill Cove On-Line Link: ADV PACKET APPELLANT; ADV PACKET PERMIT HOLDER; PRESENTATION APPELLANT; PRESENTATION PERMIT HOLDER; AE REPORT Appellant challenges approval of administrative revisions to Plan Review No. 2022- 0060407PR and revisions to the following associated permits: Building Permit No. 2022-093202BP (house remodel/additions) Building Permit no. 2022-093203BP (pool) on the grounds that the approved work violates the applicable regulations of the Lake Austin (LA) zoning district established under City Code Chapter 25-2 (Zoning), including limitations on the modification or expansion of a legally noncomplying structure under City Code Sec. 25-2-963 (Modification and Maintenance of Noncomplying Structures) and other applicable site development standards. The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone appeal to December 8, 2025; Vice Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO December 8, 2025. Previous Postponed Sign cases: 3. C16-2025-0005 Jonathan Perlstein for Elizabeth McFarland 4700 Weidemar Lane On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3, PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-127 (Multi-Family Residential Sign District Regulations): (E) (2) (a) to exceed total sign area of …
Agenda — original pdf
REGULAR MEETING of the MBE/WBE and Small Business Enterprise Procurement Program Advisory Committee Wednesday, November 5, 2025 at 5:30 pm City of Austin Permit and Development Center 6310 Wilhelmina Delco Drive – Room 1215 Austin, Texas 78752 Some members of this MBE/WBE Advisory Committee may be participating by videoconference. PUBLIC PARTICIPATION GUIDELINES The public will be allowed to speak at the Advisory Committee meeting remotely by phone or in-person at the address listed above. To participate remotely, speakers must register in advance with the board liaison before the registration deadline. Public Communication: General The first 10 speakers will be allowed to speak on any topic that is not posted on the agenda. The Committee Chair will call upon speakers at the beginning of the meeting. A person may not speak at general communication more often than once out of every three regularly scheduled committee meetings. Public Comment on Agenda Items Members of the public may speak on any item posted to the agenda. Speakers will be called upon when this agenda item is taken up by the Committee Chair. How to Register to Speak Remotely All speakers are required to register for remote participation. Registered speakers will be allowed 3 minutes to speak by telephone only. The deadline for registering is 12:00pm on the day before the meeting. To register to speak, email the board liaison, Nakia James at nakia.james@austintexas.gov before the deadline. Once registration closes, the board liaison will send all speakers an email to confirm registration, provide instructions on speaking at the meeting, and the number to call in on the day of the meeting. How to Sign-Up to Speak In-Person Speakers that would like to address the committee in person will be allowed to sign up until 15 minutes before the start of the meeting. Speakers will be allowed 3 minutes to speak. The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If you require Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please contact Nakia James at (512) 974-9108 or nakia.james@austintexas.gov for additional information; TTY users route through Relay Texas at 711. For more information on the MBE/WBE and Small Business Procurement Program Advisory Committee, contact Nakia James at (512) 974-9108 …
Agenda — original pdf
REGULAR MEETING OF THE URBAN TRANSPOTRATION COMMISSION WEDNESDAY, NOVEMBER 5, 2025, AT 5:00 P.M. AUSTIN ENERGY HEADQUARTERS, ROOM 1111 4815 MUELLER BLVD. AUSTIN, TEXAS Some members of the Urban Transportation Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, contact [Natalie Leone, 512-974-3428, natalie.leone@austintexas.gov. CURRENT COMMISSIONERS: Susan Somers, Chair Daniel Kavelman, Parliamentarian Deshon Brown Heather Buffo Kevin Chen Nathan Fernandes Justin Jacobson Varun Prasad Joshua Sorin Spencer Schumacher, Vice Chair AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first 5 speakers signed up prior to the meeting being called to order will each be allowed a three- minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES 1. Approve the minutes of the Urban Transportation Commission Name Regular meeting on 10/7/2025. STAFF BRIEFINGS 2. 3. Staff briefing regarding Vision Zero. Presentation by Joel Meyer, Transportation Officer, Austin Transportation and Public Works Staff Briefing regarding Annual Proactive Maintenance Service Plans. Presentation by Adam Bailey, Program Consultant, Austin Transportation and Public Works DISCUSSION AND ACTION ITEMS 4. Approve a recommendation to Council for the 2026 Bond. COMMITTEE UPDATES 5. 6. 7. 8. 9. 10. Update from Commissioner Chen from the Downtown Commission regarding actions taken at the September 17, 2025, and October 15, 2025, meetings. Update from Commissioner Prasad from the Joint Sustainability Committee regarding actions taken at the September 24, 2025, and October 22, 2025, meetings. Update from Commissioner Schumacher from the Bicycle Advisory Council regarding actions taken at the September 16, 2025, and October 21, 2025, meetings. Update from Commissioner Kavelman from the Pedestrian Advisory Council regarding actions taken at the September 8, 2025, and October 6, 2025, meeting. Update from Chair Somers from the City Council Mobility Committee regarding actions taken at the September 18, 2025, and October 16, 2025, meeting. Update from Chair Somers from the Community Advisory Committee for Austin Transit Partnership Board regarding actions taken at the September 11, 2025, and October 9, 2025, meeting. FUTURE AGENDA ITEMS ADJOURNMENT The City of Austin is committed to compliance …
01 Draft Minutes from the October 7, 2025, meeting — original pdf
URBAN TRANSPORTATION COMMISSION MEETING MINUTES URBAN TRANSPORTATION COMMISSION REGULAR MEETING MINUTES Tuesday, October 7, 2025 The Urban Transportation Commission convened in a regular meeting on Tuesday, October 7, 2025, at Austin City Hall, Boards and Commissions Room 1101, Austin, Texas. Chair Somers called the Commission Meeting to order at 5:02 p.m. Commissioners in Attendance: Heather Buffo - (District 1) Arlin Alvarez – (District 3) Susan Somers, Chair - (District 4) Daniel Kavelman, Parliamentarian - (District 5) Justin Jacobson – (District 8) Spencer Schumacher, Vice Chair - (District 9) Commissioners in Attendance Virtually: Kevin Chen - (District 6) Varun Prasad, - (District 7) Deshon Brown- (Mayoral Appointee) PUBLIC COMMUNICATION Philip Wiley APPROVAL OF MINUTES 1. Approve the minutes of the URBAN TRANSPORTATION COMMISSION REGULAR MEETING on September 2, 2025. The minutes from the meeting of 9/2/2025 were approved on a motion from Vice Chair Schumacher, and a second from Chair Somers on a 7-0 vote, with Commissioners Buffo, Chen, & Sorin absent. DISCUSSION ITEMS 2. Discussion and presentation regarding the Great Springs Project. The commission received a presentation from Mikey Goralnik, Great Springs Project. 3. Discussion and presentation regarding Trees on City Streets. The commission received a presentation from Michelle Marx, Austin Transportation and Public Works with Lauren Stanley, Independent Architect. 4. Discussion and presentation regarding the Right of Way Vacation Process and an overview of the managing division. The commission received a presentation from Joseph Fotinos, Austin Transportation and Public Works. 1 URBAN TRANSPORTATION COMMISSION MEETING MINUTES 5. Discussion and presentation regarding Safe Routes to School Infrastructure. The commission received a presentation from Coleen Gentles, Austin Transportation and Public Works. DISCUSSION AND ACTION ITEMS 6. Discussion and approval of a recommendation on CapMetro Transit Plan 2035. Amendment 1: On a motion from Chair Somers, and a second from Vice Chair Schumacher, the amendment was approved with a 7-0 vote, with Commissioners Chen, Sorin, & Brown absent. Amendment 2: On a motion from Vice Chair Schumacher, and a second from Commissioner Buffo, the amendment was approved with a 7-0 vote, with Commissioners Chen, Sorin, & Brown absent. Amendment 3: On a motion from Commissioner Kavelman, and a second from Commissioner Buffo, the amendment was approved with an 8-0 vote, with Commissioners Chen & Sorin absent. Amendment 4: On a motion from Vice Chair Schumacher, and a second from Commissioner Buffo, the amendment was approved with an 8-0 vote, with Commissioners Chen …