Board of Adjustment Regular Meeting of the Board of Adjustment - Hybrid meeting: Some board members may be participating by videoconference-http://www.austintexas.gov/page/watch-atxn-live
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, June 9, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, June 9, 2025, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:52 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Jeffery Bowen, Bianca A. Medina-Leal, Brian Poteet, Michael Von Ohlen, Corry L Archer-Mcclellan (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Thomas Ates (at 6:38pm), Yung-ju Kim, Maggie Shahrestani Board Members absent: Sameer S Birring, Niccolo A Sacco, Suzanne Valentine 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 PUBLIC HEARINGS Discussion and action on the following cases. Item02 C15-2025-0007 Postponement request by applicant APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment meeting on May 12, 2025. On-Line Link: Draft Minutes for May 12, 2025 The minutes from the meeting May 12, 2025, were approved on Vice Chair Melissa Hawthorne, Board member Jeffery Bowen second, on 9-0 Vote (Board member Thomas Ates-late virtual due to technical issues). Previous Postponed Variance cases: 2. C15-2025-0007 Jay Hargrave for Hans Vaziri 601 Kinney Avenue On-Line Link: ITEM02 ADV PACKET PART1, PART2, NO PRESENTATION The applicant is requesting a variance(s) from the Land Development Code 25-2- 492 Site Development Regulations (Maximum Height Requirements) & Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 3.4.1 (Height) to increase the height on a flat roof from 32 feet (maximum allowed) to 42 feet (requested), in order to complete a remodel/addition to attach a bedroom to an existing single- family residence in an “SF-3”, Single- Family zoning district. NOTE: LDC 25-2 Land Development, Subchapter F: Residential Design and Compatibility Standards, Article 2: - Development Standards, Section 3.4.1 – Height. Height shall be measured vertically from the average of the highest and lowest grades adjacent to the building to: A. For a flat roof, the highest point of the coping; B. For a mansard roof, the deck line; C. For a pitched or hip roof, the gabled roof or dormer with the highest average height; or D. For other roof styles, the highest point of the building. Postponement request by …
BOARD OF ADJUSTMENT SPECIAL CALLED MEETING – Training Session BOARDS AND COMMISSION ROOM 1101 MINUTES Monday, June 9, 2025 The BOARD OF ADJUSTMENT convened in a Special Called Meeting on Monday, June 9, 2005, at 301 West 2nd Street in Austin, Texas. Chair Jessica Cohen called the Board of Adjustment Meeting to order at 1:30 p.m. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Jeffery Bowen, Bianca A. Medina-Leal, Michael Von Ohlen, Corry L Archer-Mcclellan (Alternate) Board Members/Commissioners in Attendance Remotely: Melissa Hawthorne-Vice Chair, Yung-ju Kim, Brian Poteet, Maggie Shahrestani Board Members absent: Thomas Ates, Sameer S Birring, Niccolo A Sacco, Suzanne Valentine Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. No actions or votes will be taken. 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 email for elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to TRAINING SESSION Board of Adjustment Deep Dive: Key Topics & Issues 1. Overview -Brent Lloyd (BOA) General Background • The history of BOAs & their role in zoning • Creation of Austin’s BOA • What BOAs do: Variances Special Exceptions Appeals Variances: Criteria for Approval & Other Considerations • What constitutes a “hardship”? • When is a property deprived of “reasonable use”? • What does it mean to alter “area character? • Variance conditions – what are they for and when are they appropriate? • New state legislation affecting BOA variance criteria? Special Exceptions • What are they, and how are they different from variances? • Austin’s use of special exceptions? Administrative Appeals • What’s an appeal, and how is it different than a variance or exception? • Considerations unique to appeals. 2. Issues Specific to Residential Review -Mike Peralta (Residential Review) • Subchapter F (Residential Design & Compatibility) • Special Exceptions • Other issues 3. Environmental & Lake Austin Issues -John Clement (WPD) • Lake Austin Regulations • Heritage Tree Issues • Related topics 4. Compatibility- Christine Barton-Holmes (LUR) 5. Boat Docks - Clarissa Davis (LUR) ADJOURNMENT 4:00 PM The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2025-0022 BOA DATE: Monday, July 14th, 2025 ADDRESS: 1102 Mason Ave OWNER: Andrew Sulski COUNCIL DISTRICT: 1 AGENT: N/A ZONING: SF-3-NP (MLK-183) LEGAL DESCRIPTION: LOT 7 BLK D HARMONY HEIGHTS ADDN AMENDED VARIANCE REQUEST: increase the height from six (6) feet (maximum allowed) to eight feet seven inches (8’7”) (requested) along front property line (east) and nine feet six inches (9’ 6”) along interior side property line (south) SUMMARY: erect a fence ISSUES: sloped section that requires a retaining wall ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Del Valle Community Coalition Non-profit East Austin Conservancy East MLK Combined Neighborhood Plan Contact Team Friends of Austin Neighborhoods Homeless Neighborhood Association Overton Family Committee Preservation Austin Reissig Homestead LLC Springdale-Airport Neighborhood Association ITEM02/1 June 17, 2025 Andrew Sulski 1102 Mason Ave Austin TX, 78721 Property Description: LOT 7 BLK D HARMONY HEIGHTS ADDN AMENDED Re: C15-2025-0022 Dear Andrew, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-899 at 1102 Mason Avenue. that any proposed or Austin Energy does not oppose existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. the request, provided Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Rosemary Avila, Planning Officer Infrastructure Services | Austin Energy 4815 Mueller Blvd Austin, TX 78723 (512) 972-8488 Rosemary.avilla@austinenergy.com ITEM02/2 ITEM02/3 ITEM02/4 ITEM02/5 ITEM02/6 To: Board of Adjustment From: Andrew Sulski Property Address: 1102 Mason Ave, Austin TX 78721 Subject: Request for Variance to Complete Fence Construction Over Retaining Wall Dear Board Members, I am writing to request a variance that will allow me to complete the construction of a privacy fence on my property. I have recently built a retaining wall with a maximum height of 9’6” inches to stabilize a sloped portion of my yard and prevent erosion. My intention is to install a 6-foot privacy fence on top …
1102 Mason Ave Fence & Retaining Wall Privacy Variance Variance Case #: C15-2025-0022 Project Address: 1102 Mason Ave Austin, TX 78721 Presenter: Drew Sulski, Homeowner ITEM02/1-PRESENTATION Project Location North Overall Site Informaion: Address: 1102 Mason Ave, Austin, TX 78721 Height Range (Wall + Fence): 6’(NE Corner) to 9’6” (SW Corner) ITEM02/2-PRESENTATION Existing Lot Configuration: Zoning Information Details: Parcel ID: 0208181212 COA_FLOOD_ZONE: X PLACE_ID: 3082967 FULL_STREET_NAME: 1102 MASON AVE COA_FLOOD_ELEV_100 : N/A COA_FLOOD_ELEV_25: N/A COA_FLOOD_ZONE: X COUNTY_CODE: 453 EFFECTIVE_DATE: N/A FEMA_FLOOD_ZONE: X FIRM_BFE: N/A FIRM_PANEL: N/A PARCEL_ID: 0208181212 SOURCE_CITATION: N/A FIRM_COMMUNITY: 480624 COUNTY_CODE1: 453 APPRAISAL_DISTRICT: Travis Source: https://maps.austintexas.gov/floodpro/ Reason of Variance: Section 25-2-899 of the Land Development Code limits the height of a solid fence along a property line to an average of 6 feet and a maximum of 7 feet. A fence may exceed 6 feet in height only with the written consent of the adjoining property owner or with a variance approved by the Board of Adjustment. ITEM02/3-PRESENTATION Proposed Configuration: Goal of Proposed Configuration: Provide privacy and habitability for a steep grade ITEM02/4-PRESENTATION Proposed Configuration: Goal of Proposed Configuration: Provide privacy and habitability for a steep grade ITEM02/5-PRESENTATION
BOA Monthly Report July 2024-June 2025 June 9, 2025 Granted Postponed 0 0 Withdrawn 0 Denied 2 1. 25-2-492 Site Development Regulations (Maximum Height Requirements) & Subchapter F: Residential Design and Compatibility Standards, Article 2, Development Standards Section 3.4.1 (Height) to increase the height on a flat roof 2. 25-2-899 (Fences as Accessory Uses) to increase the height Discussion Items 1 JUNE 2025 Interpretations 0 new inquiries (Added jun9# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: (3) Sameer S Birring, Niccolo A Sacco, Suzanne Valentine (1 vacant alternate position) 27 23 2 6 25 MAY 12, 2025 Granted 9 1. 25-10-130 (Commercial Sign District Regulations) (B) to allow from one (1) freestanding sign (maximum allowed), to adding additional freestanding signs 2. 25-6-471 (Off-Stret Parking) (B) to reduce the minimum on-site accessible space and 25-6-474 (Parking Facilities for Persons with Disabilities) (B) to reduce the minimum on-site accessible space. 3. Subchapter F: Residential Design and Compatibility Standards, Article 3: - Definitions and Measurement, Section 3.3 (Gross Floor Area), 3.3.3 (B) to exclude a habitable portion of a building that is below grade if the habitable portion does not extend beyond the first story footprint 4. 25-2-492 (Site Development Regulations) from setback requirements to decrease the front yard setback 5. 25-2-492 (Site Development Regulations) from: Lot size requirements from 10 acres and Lot width to decrease 6. 25-2-492 (Site Development Regulations) from: setback requirements to decrease the minimum front yard setback and impervious coverage requirements to increase I.C. 7. 25-2-899 (Fences as Accessory Uses) to increase the height 8. #20050818-064, PART 7 (Residential District) (4) from: lot size requirements to decrease the minimum lot size 9. 25-2-492 (Site Development Regulations) from impervious coverage requirements to increase I.C. Postponed 0 Withdrawn 1 1. 25-2-492 (Site Development Regulations): Height Requirements to increase the height, Setback Requirements to decrease the minimum front yard setback, Setback Requirements to decrease the minimum rear yard setback, Building Coverage to increase, Impervious Coverage to increase and 25-2- 832 (Private Schools) (1) a site must be located on a street that has a paved width. Denied 0 Discussion Items 2 MAY 2025 Interpretations 0 new inquiries (Added MAY12# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items Board members absent: (3) Thomas Ates, Niccolo A Sacco, Michael Von Ohlen (1 vacant alternate position) 27 23 2 4 …
REGULAR MEETING of the BOARD OF ADJUSTMENT July 14, 2025 AT 5:30PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the BOARD OF ADJUSTMENT 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 email for elaine.ramirez@austintexas.gov or call 512-974-2202. remote participation by telephone. To remotely, register speak to CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair) ___Thomas Ates ___Jeffery Bowen ___Sameer S Birring ___Bianca A Medina-Leal ___Yung-ju Kim ___Brian Poteet ___Niccolo A Sacco ___Margaret Shahrestani ___Michael Von Ohlen ___Corry L Archer-Mcclellan (Alternate) ___Suzanne Valentine (Alternate) The Board of Adjustment may go into closed session to receive advice from legal counsel regarding any item on this agenda (Private consultation with legal counsel – Section 551.071 of the Texas Government Code). AGENDA CALL TO ORDER 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. APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment meetings on June 9, 2025. On-Line Link: Draft Minutes for June 9, 2025, Regular meeting and Draft Minutes for June 9, 2025, Special called meeting-Training session PUBLIC HEARINGS Discussion and action on the following cases. New Variance cases: 2. C15-2025-0022 Andrew Sulski 1102 Mason Avenue On-Line Link: ITEM02 ADV PACKET PART1, PART2; PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from six (6) feet (maximum allowed) to eight feet seven inches (8’7”) (requested) along front property line (east) and nine feet six inches (9’ 6”) along interior side property line (south), in order to erect a fence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (MLK-183 Neighborhood Plan). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday July 14, 2025 CASE NUMBER: C15-2025-0022 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___-____ Jessica Cohen (D3) ABSTAINED ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-___ Niccolo A Sacco (D6) RESIGNED ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) OWNER/APPLICANT: Andrew Sulski ADDRESS: 1102 MASON AVE VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from six (6) feet (maximum allowed) to eight feet seven inches (8’7”) (requested) along front property line (east) and nine feet six inches (9’ 6”) along interior side property line (south), in order to erect a fence in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (MLK- 183 Neighborhood Plan). Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and (2) a solid fence is a fence other than an ornamental fence. (C) The height restrictions of this section do not apply to an ornamental fence. (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up. (E) If there is a change in grade of at least one foot measured along any run of a solid fence along a property line, then the portion of the fence where the grade change occurs may be constructed to a maximum height of seven feet. (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) …
