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, August 11, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, August 11, 2025, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:39 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Yung-ju Kim, Brian Poteet, Michael Von Ohlen, Corry L Archer-Mcclellan (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates, Bianca A. Medina-Leal Board Members absent: Niccolo A Sacco, Sameer S Birring, Maggie Shahrestani (virtual-technical issues) 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 meetings on July 14, 2025. On-Line Link: Draft Minutes for July 14, 2025 The minutes from the meeting on July 14, 2025, were approved on Vice Chair Melissa Hawthorne, Board member Corry L. Archer-Mcclellan second, on 9-0 Vote. PUBLIC HEARINGS Discussion and action on the following cases. New Variance cases: 2. C15-2025-0025 George McQueen 506 Terrace Drive On-Line Link: ITEM02 ADV PACKET, PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback from 5 feet (required) to 1 foot (requested) in order to maintain a detached garage & carport for a Single-Family Residence in a “SF-3- NP”, Single-Family - Neighborhood Plan zoning district (South River City Neighborhood Plan). The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Approve; Vice-Chair Melissa Hawthorne second on 9-0 votes; GRANTED. 3. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road On-Line Link: ITEM03 ADV PACKET, PRESENTATION The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with …
BOA SIGN REVIEW COVERSHEET CASE: C16-2025-0005 BOA DATE: September 8th, 2025 ADDRESS: 4700 Weidemar Ln OWNER: ASE Apartments Ventures LLC AGENT: Jonathan Perlstein COUNCIL DISTRICT: 3 ZONING: MF-6-CO-NP (East Congress) LEGAL DESCRIPTION: ST ELMO LOT 2 VARIANCE REQUEST: LDC, Section 25-10-127 (Multi-Family Residential Sign District Regulations): (E) (2) (a) to exceed total sign area of 35 square feet (maximum allowed) to 192 square feet (requested) (facing south on building extension, not directly facing Weidemar Ln) (E) (2) (a) to exceed total sign area of 35 feet (maximum allowed) to 96 square feet (requested) SUMMARY: erect signage for Alexian St. Elmo Apartments ISSUES: visibility ZONING LAND USES MF-6-CO-NP Site North LI-NP South CS-CO-NP East West CS-NP SF-2-NP Multi-Family Limited Industrial Services General Commercial Services General Commercial Services Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Go Austin Vamos Austin 78745 Homeless Neighborhood Association Onion Creek HOA Overton Family Committee Preservation Austin South Austin Neighborhood Alliance (SANA) South Congress Combined Neighborhood Plan Contact Team ITEM02/1 August 22, 2025 Jourdan Ashley Brightman 4700 Weidemar Ln Austin TX, 78745 Property Description: ST ELMO LOT 2 Re: C16-2025-0005 Dear Jourdan Ashley, 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 25-10-127 e2a at 4700 Weidemar Ln. Austin Energy does not oppose the request, provided that any proposed or 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. 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_1.10.0CL SARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashleigh Woolf, Project Assistant Austin Energy | Infrastructure Services 4815 Mueller Dr Austin, TX 78723 (512) 972-8400 ITEM02/2 ITEM02/3 Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. In order to grant your request for a variance, the Board must first make one or more of the findings described under 1, 2, and 3 below; the Board must then make the finding described in item 4 below. If the Board cannot make the …
Architectural Signage Design Group, LLC. 4101 W GREEN OAKS SUITE 405. ARLINGTON, TEXAS 76016 1 A halo-lit channel letter sign uses a lighting technique that creates a glow or halo effect around the letters. Instead of the letters being lit from the front, as in traditional channel letters, the light is emitted from behind the letters, illuminating the surrounding area. This results in a soft, radiant appearance. ITEM02/24 ITEM02/25 ITEM02/26 ITEM02/27
BOA GENERAL REVIEW COVERSHEET CASE: C15-2025-0018 BOA DATE: September 8th, 2025 ADDRESS: 3123 Edgewater Dr OWNER: Gary Cooley COUNCIL DISTRICT: 10 AGENT: N/A ZONING: LA LEGAL DESCRIPTION: LOT 12 BLK 26 AUSTIN LAKE ESTATES SEC 1 VARIANCE REQUEST: Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback (south side) from 20 feet (required) to 10 feet (requested) Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (west side) from 10 feet (required) to 5 feet (requested) Section 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) from impervious coverage requirements to increase from 35% (maximum allowed) to 45 % (requested) SUMMARY: erect a 2-car garage and expand existing kitchen ISSUES: LA zoning requirements not suitable for smaller lots; original garage placed on adjacent lot ZONING LAND USES LA SF-3; LA; SF-2 Site North South LA LA East SF-2 West Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: City of Rollingwood Friends of Austin Neighborhoods Save Our Springs Alliance ITEM03/1 August 21, 2025 Gary Cooley 3123 Edgewater Dr Austin TX, 78733 Property Description: LOT 12 BLK 26 AUSTIN LAKE ESTATES SEC 1 Re: C15-2025-0018 Dear Gary, 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 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum rear yard setback (south side) from 20 feet (required) to 10 feet (requested), Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the minimum interior side yard setback (west side) from 10 feet (required) to 5 feet (requested), Section 25-2-551 (Lake Austin (LA) District Regulations) (C) (3) (a) from impervious coverage requirements to increase from 35% (maximum allowed) to 45 % (requested) in order to erect an attached 2-car garage and expand existing kitchen of an existing legal non-complying Single-Family residence at 3123 Edgewater Dr. Austin Energy does not oppose the request, provided that any proposed or 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. 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday August 11, 2025 CASE NUMBER: C15-2025-0026 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Niccolo A Sacco (D6) OUT ___-____Sameer S Birring (D7) OUT ___-____Margaret Shahrestani (D8) OUT ___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) OUT ___-____VACANT (Alternate) (M) OUT APPLICANT: Stephen Hawkins OWNER: Red Bud Partners, LP ADDRESS: 1750 CHANNEL RD VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Postpone to September 8, 2025; Vice-Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO September 8, 2025. ITEM04/1 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair forITEM04/2 August 18th, 2025 Board of Adjustment P.O. Box 1088 Austin, TX 78767 Re: Variance for 1750 & 1752 Channel Road from LDC 25-2-1176(A)(1) to allow for extending of (2) boat docks greater than 30’ from shoreline. Dear Board Members, This letter provides clarification on points discussed at the BOA hearing on August 11, 2025, …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday August 11, 2025 CASE NUMBER: C15-2025-0027 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___-____Niccolo A Sacco (D6) OUT ___-____Sameer S Birring (D7) OUT ___-____Margaret Shahrestani (D8) OUT ___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) OUT ___-____VACANT (Alternate) (M) OUT APPLICANT: Stephen Hawkins OWNER: Tom Davis Jr. ADDRESS: 1752 CHANNEL RD VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to forty-six feet and one inch (46’ 1”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Postpone to September 8, 2025; Vice-Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO September 8, 2025. ITEM05/1 FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair forITEM05/2 August 18th, 2025 Board of Adjustment P.O. Box 1088 Austin, TX 78767 Re: Variance for 1750 & 1752 Channel Road from LDC 25-2-1176(A)(1) to allow for extending of (2) boat docks greater than 30’ from shoreline. Dear Board Members, This letter provides clarification on points discussed at the BOA hearing on August 11, 2025, concerning …
BOA Monthly Report July 2025-June 2026 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 length Withdrawn 0 Denied 0 Discussion Items 2 Aug 2025 Interpretations Aug 2025 BAAP 0 new inquiries 0 (Added Aug 11# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 2 2 0 0 3 Board members absent: (1) Niccolo A Sacco, Sameer Birring, Maggie Shahrestani (tech issues) (1 vacant alternate position) July 14, 2025 Granted 1 1. 25-2-899 (Fences as Accessory Uses) to increase the height Postponed 0 Withdrawn 0 Denied 0 Discussion Items 2 JULY 2025 Interpretations JULY 2025 BAAP 0 new inquiries 1 (Added jul 14# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 1 0 0 0 1 Board members absent: (1) Niccolo A Sacco (1 vacant alternate position)
BOA Variance Request 3123 Edgewater Drive City of Austin Board of Adjustment Gary Cooley Case # C15-2025-0018 ITEM03/1-PRESENTATION Variance Request Summary Proposed Project: Remove existing deck and replace with a two-car attached garage with storage space. Reasonable Use: Addition of an attached garage to provide safety and security of family members and property due to prior garage being on adjacent lot after subdivision Hardship: • Application of Lake Austin (LA) zoning Impervious Coverage and set back restrictions on lot minimum of one Acre have been misapplied to 1/3 Acre lot size property Location of Lake Austin Estates subdivision property lines and house position on the lot have limited building options • Community Support: • All adjacent property owners have provided letters of support Variance Request • 25-2-551 (C) (3) (a) Impervious Coverage maximum of 35% increased to 45% (estimated and will most likely below this figure) • 25-492 Rear yard set back of 20ft reduced to 10ft and side yard setback of 10ft reduced to 5ft ITEM03/2-PRESENTATION Existing LA Zoning Proposed Existing Deck • Application of LA zoning imposes more onerous setback and impervious coverage limitations • Proposed removal of existing wood deck • Replace deck with two car garage in line with existing structures at 10’ rear setback and 5’ side setback • Increase Impervious Coverage from 37% to 45% (estimated figure and will most likely be below this figure) ITEM03/3-PRESENTATION 3123 Edgewater Dr. – Front view Replacement of existing deck with attached two car garage ITEM03/4-PRESENTATION 3123 Edgewater Dr. – Rear yard and side yard Existing Deck to be removed and replaced with new two car garage Existing structure at 10ft Setback ITEM03/5-PRESENTATION Existing Floor plan and Structure ITEM03/6-PRESENTATION Proposed Project • Removal of existing deck • Build an attached two car garage • Addition of two storage rooms • Required side set back of 5’ and rear set back of 10’ Increase impervious coverage from 37% to 45% • (estimated and may not be required) ITEM03/7-PRESENTATION Impervious Barrier – Increase to 45% 25-2-551 (C) (3) (a) Impervious Coverage maximum of 35% increased to 45% (estimated and will most likely below this figure) • Current property is at 37.4% • Project plan • Eliminate Deck, AC Pad and Fire Pit • Garage Addition • Estimated 40% • Project plan – Patio Options • Eliminate Deck, AC Pad and Fire Pit • Garage Addition • Additional Options for landscape …
BOA Variance Presentation: Property Address: 1750 Channel Road, Austin, TX 78746 Case Number: C15-2025-0026 Site Plan #: SP-2025-0119D Presenter: Stephen Hawkins, Aqua Permits ITEM04/1-PRESENTATION 1750 Channel Road: ITEM04/2-PRESENTATION Seeking Variance From: LDC 25-2-1176(A)(1): "A dock may extend up to 30 feet from the shoreline [into the lake], except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety" To Allow For: -The permitting and construction of a NEW boat dock 37' 3" from the shoreline into the lake. ITEM04/3-PRESENTATION 1750 Channel Road ITEM04/4-PRESENTATION 1750 Channel Road ITEM04/5-PRESENTATION 1750 Channel Road ● ● ● ● Shown here is the site as seen today in an image taken from City of Austin GIS. The existing boat dock was constructed in the early 1980’s and is a grandfathered structure. The existing boat dock extends 37’ 9” from the shoreline. The existing boat dock is being removed and replaced with a new boat dock in the same general location. This new boat dock design conforms to all current code requirements, including height allowances, in regards to boat docks on Lake Austin. ITEM04/6-PRESENTATION 1750 Channel Road ● This image shows the neighboring docks along this stretch of lake channel, taken from COA GIS ● Most of the neighboring boat docks have all existed in a non-compliant, but grandfathered form, for at least 40 years or more. ● These docks historically have been constructed to extend greater than 30’ from the shoreline, as the depth of the lake in this area is too shallow to operate a functional boat dock at the 30’ length. ● Modern watercraft requires at least 4 ft. of water depth to operate - in this area the water depth is too shallow inside of the 30’ setback. ITEM04/7-PRESENTATION 1750 Channel Road The maximum length from shoreline allowed for a boat dock in Land Development Code 25-2-1176(A)(6) is insufficient in its application for this property. Due to the existing shallow lake conditions along this stretch of Lake Austin, the dock will need to be constructed at a greater length than the allowable 30’ from shoreline. Dredging of the lake bed is restricted to 25 cubic yards per address by code - in this location the amount of dredge needed to create basic navigability would exceed that amount (see below exhibit). Therefore, building deeper into the lake is required. …
BOA Variance Presentation Property Address: 1752 Channel Road, Austin, TX 78746 Case Number: C15-2025-0027 Site Plan #: SP-2025-0119D Presenter: Stephen Hawkins, Aqua Permits ITEM05/1-PRESENTATION 1752 Channel Road: ITEM05/2-PRESENTATION Seeking Variance From: LDC 25-2-1176(A)(1): "A dock may extend up to 30 feet from the shoreline [into the lake], except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety" To Allow For: -The permitting and construction of a NEW dock that extends 46' 1" from the shoreline into the lake. ITEM05/3-PRESENTATION 1752 Channel Road ITEM05/4-PRESENTATION 1752 Channel Road ● ● ● ● Shown here is the site as seen today in an image taken from City of Austin GIS. The existing boat dock was constructed between 1960-1970 and is a grandfathered structure. The existing boat dock extends 49’ 9” from the shoreline. The existing boat dock is being removed and replaced with a new boat dock in the same general location. This new boat dock design conforms to all current code requirements, including height allowances, in regards to boat docks on Lake Austin. ITEM05/5-PRESENTATION 1752 Channel Road ● This image shows the nearby docks along this stretch of lake channel ● Most of the neighboring boat docks have all existed in a non-compliant, but grandfathered form, for at least 40 years or more. ● These docks historically have been constructed to extend greater than 30’ from the shoreline, as the depth of the lake in this area is too shallow to operate a functional boat dock at the 30’ length. ● Modern watercraft requires at least 4 ft. of water depth to operate - in this area the water depth is too shallow inside of the 30’ setback. ITEM05/6-PRESENTATION 1752 Channel Road The maximum length from shoreline allowed for a boat dock in Land Development Code 25-2-1176(A)(6) is insufficient in its application for this property. Due to the existing shallow lake conditions along this stretch of Lake Austin, the dock will need to be constructed at a greater length than the allowable 30’ from shoreline. Dredging of the lake bed is restricted to 25 cubic yards per address by code - in this location the amount of dredge needed to create basic navigability would exceed that amount (see below exhibit). Therefore, building deeper into the lake is required. ITEM05/7-PRESENTATION 1752 Channel Road ● Our proposed site plan …
