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, September 8, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, September 8, 2025, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:37 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Jeffery Bowen, Yung-ju Kim, Brian Poteet, Bianca A. Medina-Leal, Maggie Shahrestani, Corry L Archer-Mcclellan (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates, Sameer S Birring Board Members absent: Niccolo A Sacco, Michael Von Ohlen, Suzanne Valentine (unavailable) 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 August 11, 2025. On-Line Link: Draft Minutes for August 11, 2025 The minutes from the meeting on August 11, 2025, were approved on Vice Chair Melissa Hawthorne, Board member Corry L. Archer-Mcclellan second, on 9-0-1 Vote (Board member Maggie Shahrestani abstained). PUBLIC HEARINGS Discussion and action on the following cases. New Sign cases: 2. C16-2025-0005 Jonathan Perlstein for Elizabeth McFarland 4700 Weidemar Lane On-Line Link: ITEM02 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 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) for Halo signs in order to provide signage for Alexian St. Elmo in a “MF-6-CO- NP”, Multi-Family – Conditional Overlay - Neighborhood Plan zoning district. (East Congress Neighborhood Plan), Multi-Family Residential Sign District. This subsection applies to a multifamily residential sign district: For signs other than freestanding signs, the total sign area for a lot may not exceed the lesser of: 0.5 square feet for each linear foot of street frontage; or 35 square feet. Land Development Code Section 25-10-127 Multi-Family Residential Sign District Regulations (A) (E) (1) (2) Source: Section 13-2-867; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 11, 8-28-17. The public hearing was …
Response to Appeal to the Board of Adjustment from the Owners of 205 E 34th (Advanced Package) The owners, who are also the applicants for the permit, respectfully submit that the City possessed all required documentation necessary to render a correct determination on the permits. After reviewing the appellants’ claims, the owners find that each concern was adequately addressed during the review process, which resulted in the permits being properly approved. Specifically, City representatives had the fully completed application form in their possession. The version accessible on the ABC website is a corrupted file and does not reflect the application submitted, which appears to have caused confusion for the appellants. Furthermore, the City had on file the topography and tree map, which includes the required measurements of the four adjacent houses relative to the property boundaries. Accordingly, the owners request that the Board of Adjustment proceed with the scheduled hearing, decline to postpone to a later date, and avoid any further delay in finalizing permit approval. We also respectfully request that the Board vote separately on each item of the appeal. Responses to Specific Appeal Items 1. “Plan does not demonstrate the front setback.” Response: The survey was in the possession of the City of Austin (COA). To our knowledge, COA is not required to release surveys for public access, and we are not aware of any precedent where such surveys have been posted online. For reference, the survey is provided here as Attachment D. The site plan in the City’s possession contains all information necessary to determine property averaging and front setback. This is included as Attachment A (screenshot from the COA website). The City requested a correction to the setback, which was made, and the plans were updated accordingly. COA then made the proper determination regarding both setbacks and permits. ITEM02/1-PERMIT HOLDER 2. “The plan set does not comply with FAR.” Response: The plan set complies fully with the HOME Initiative, a recent and significant amendment to the COA building code permitting increased density for new residential construction. Under HOME, a floor-to-area ratio (FAR) of up to 65% is authorized and was appropriately applied in this case. The citation provided by the appellants is inapplicable to three-unit dwellings. 3. “The application is not complete on page 4.” Response: The application submitted to the City was complete. The file appearing in the ABC system is corrupted and does not …
BOA 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 ITEM02/1-APPELLANT September 25, 2025 Carol Journeay 205 E 34th St Austin TX, 78705 Property Description: LOT 3 BLK 19 DIV D HARRIS SIDON RESUB OF GROOMS ADDN Re: C15-2025-0035 Dear Carol Journeay, 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 25-1-182 at 205 E 34th St 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. Ashley Robinson, Project Assistant Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 ITEM02/2-APPELLANT ITEM02/3-APPELLANT Development Services Department interpretation is: That the application No. 2025-072930 set for Permit for Permit No. 2025-072930 compliance PR was complete, that with all relevant the plan set for Permit and that the plan regulations, PR demonstrated No. 2025-072930 PR complies with all relevant regulations. I feel the correct interpretation is: That the application No. 2025-072930 the plan set for Permit No. 2025-072930 …
209 E 34th St 7 ITEM02/27-APPELLANT 200 E 34t St 8 ITEM02/28-APPELLANT 202 E 34th St 9 ITEM02/29-APPELLANT 204 E 34th St 10 ITEM02/30-APPELLANT 206 E 34th St 11 ITEM02/31-APPELLANT 208 E 34th St 12 ITEM02/32-APPELLANT 202 E 34th St: ADU Facing Alley 13 ITEM02/33-APPELLANT A204 E 34th St: ADU Facing Alley 14 ITEM02/34-APPELLANT 206 E 34th St: ADU Facing Alley 15 ITEM02/35-APPELLANT 205 E 34th St: Building 2 Front Elevation Facing South to Alley 16 ITEM02/36-APPELLANT 205 E 34th St: Building 2 Side Elevation Facing West 17 ITEM02/37-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 …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2025-0036 BOA DATE: Monday, October 13th, 2025 ADDRESS: 12302 Split Rail Pkwy OWNER: Joshua Myers COUNCIL DISTRICT: 6 AGENT: N/A ZONING: SF-2 LEGAL DESCRIPTION: VILLAGE 2 AT ANDERSON MILL, BLOCK M, LOT 1 VARIANCE REQUEST: LDC, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the front yard setback from 25 feet to 5 feet. SUMMARY: maintain a Carport ISSUES: corner lot & layout of home ZONING LAND USES Site North South East West SF-2 SF-2 SF-2 SF-2 SF-2 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Anderson Mill Neighborhood Association Friends of Austin Neighborhoods Long Canyon Homeowners Assn. Mountain Neighborhood Association (MNA) ITEM03/1 September 25, 2025 Josh Myers 12302 Split Rail Pkwy Austin TX, 78750 Property Description: VILLAGE 2 AT ANDERSON MILL, BLOCK M, LOT 1 Re: C15-2025-0036 Dear Josh Myers, 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 at 12302 Split Rail Pkwy. Austin Energy does not oppose the request, the property is outside of our service area. If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashley Robinson, Project Assistant Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 ITEM03/2 ITEM03/3 ITEM03/4 ITEM03/5 ITEM03/6 ITEM03/7 ITEM03/8 Area Properties with Carports in Front Setback Area 1. 10803 Rustic Manor Ln 2. 11002 Rustic Manor Ln 3. 12301 Burlywood Trail 4. 10601 Double Tree Cv 5. 12315 Wipple Tree Cv ITEM03/9 ITEM03/10 ITEM03/11 ITEM03/12 ITEM03/13
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: September 8, 2025 CASE NUMBER: C16-2025-0005 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) ABSTAINED ___-____Niccolo A Sacco (D6) OUT-RESIGNED ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___-____Michael Von Ohlen (D10) OUT ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) UNAVAILABLE ___-____VACANT (Alternate) (M) APPLICANT: Jonathan Perlstein OWNER: Elizabeth McFarland ADDRESS: 4700 WEIDEMAR LN VARIANCE REQUESTED: 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 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) for Halo signs in order to provide signage for Alexian St. Elmo in a “MF-6-CO-NP”, Multi-Family – Conditional Overlay - Neighborhood Plan zoning district. (East Congress Neighborhood Plan), Multi-Family Residential Sign District. Land Development Code Section 25-10-127 Multi-Family Residential Sign District Regulations ITEM04/1 This subsection applies to a multifamily residential sign district: For signs other than freestanding signs, the total sign area for a lot may not exceed the (A) (E) lesser of: (1) (2) Source: Section 13-2-867; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 11, 8- 28-17. 0.5 square feet for each linear foot of street frontage; or 35 square feet. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Madam Chair Jessica Cohen’s motion to Postpone to October 13, 2025; Board member Tommy Ates second on 9-0-1 votes (Vice Chair Melissa Hawthorne abstained); POSTPONED TO October 13, 2025. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: Elaine Ramirez Executive Liaison Jessica Cohen …
ITEM04/36 ITEM04/37 PropertyProfileReportPermittingandDevelopmentCenter|6310WilhelminaDelcoDrive,Austin,TX78752|(512)978-4000GeneralInformationZoningMapImageryMapVicinityMapLocation:4700WEIDEMARLNParcelID:0414030127Grid:MH17Planning&Zoning*Rightclickhyperlinkstoopeninanewwindow.FutureLandUse(FLUM):SingleFamily,Multi-familyRegulatingPlan:NoRegulatingPlanZoning:MF-6-CO-NPZoningCases:C14-05-0107C14-2021-0015NP-05-0020NPA-2021-0020.01ZoningOrdinances:19990225-070b20050818-Z00420220324-08920220324-090CompatibilityStandardsResidentialDesignStandards:LDC/25-2-SubchapterFZoningOverlays:NeighborhoodPlan:EASTCONGRESSInfillOptions:SmallLotAmnestyInfillOption,ParkingPlacement/ImpCoverDesignOptionNeighborhoodRestrictedParkingAreas:EastCongressNPAMobileFoodVendors:--HistoricLandmark:--UrbanRoadways:NoZoningGuideTheGuidetoZoningprovidesaquickexplanationoftheaboveZoningcodes,however,theLandDevelopmentInformationServicesprovidesgeneralzoningassistanceandcanadviseyouonthetypeofdevelopmentallowedonaproperty.VisitZoningforthedescriptionofeachBaseZoningDistrict.Forofficialverificationofthezoningofaproperty,pleaseorderaZoningVerificationLetter.GeneralinformationontheNeighborhoodPlanningAreasisavailablefromNeighborhoodPlanning.EnvironmentalNoFullyDevelopedFloodplain:NoFEMAFloodplain:SUBURBANAustinWatershedRegulationAreas:WilliamsonCreekWatershedBoundaries:NoCreekBuffers:EdwardsAquiferRechargeZone:NoNoEdwardsAquiferRechargeVerificationZone:ErosionHazardZoneReviewBuffer:NoPoliticalBoundariesJurisdiction:AUSTINFULLPURPOSECouncilDistrict:3County:TRAVISSchoolDistrict:AustinISDCommunityRegistry:AustinIndependentSchoolDistrict,AustinNeighborhoodsCouncil,FriendsofAustinNeighborhoods,GoAustinVamosAustin78745,HomelessNeighborhoodAssociation,OnionCreekHomeownersAssoc.,OvertonFamilyCommittee,PreservationAustin,SouthAustinNeighborhoodAlliance(SANA),SouthCongressCombinedNeighborhoodPlanContactTeamTheInformationonthisreporthasbeenproducedbytheCityofAustinasaworkingdocumentandisnotwarrantedforanyotheruse.NowarrantyismadebytheCityregardingitsaccuracyorcompleteness.Datecreated:5/28/2025ITEM04/38 ITEM04/39 □ ITEM04/40 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. ITEM04/41 ITEM04/42 ITEM04/43 ITEM04/44 ITEM04/45
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday September 8, 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-RESIGNED ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___-____Michael Von Ohlen (D10) OUT ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) OUT-UNAVAILABLE ___-____VACANT (Alternate) (M) 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 ITEM05/1 Melissa Hawthorne second on 9-0 votes; POSTPONED TO September 8, 2025. September 8, 2025 Applicant requested postponement to October 13,2025; Madam Chair Jessica Cohen’s motion to Postpone to October 13, 2025; Board member Corry Archer-Mcclellan second on 10-0 votes; POSTPONED TO October 13, 2025. 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 September 23, 2025 Letter of Support for Variance Requests C15-2025-0026 & C15-2025-0027 Dear Chair Cohen and Members of the Board of Adjustments — …
From: To: Subject: Date: Ramirez, Diana FW: Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Monday, August 11, 2025 12:34:59 PM External Email - Exercise Caution Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Please add these pictures to my email ITEM05/34 ITEM05/35 ITEM05/36 ITEM05/37 Re: Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Dear Members of the Board of Adjustments, We, Bruce and Niloofar Slayden, representing the SLAYDEN BRUCE & NELLIE REVOCABLE TRUST at 1744 Channel Road, respectfully submit this letter to express our strong and unequivocal opposition to the variance request submitted by Red Bud Partners LP for the property located at 1750 Channel Road. The request seeks approval to construct a new dock extending 37 feet and 3 inches from the shoreline—substantially exceeding the 30-foot maximum length permitted under the Land Development Code (LDC 25-2-1176). We urge the Board to deny this request. This request is not only excessive and unjustified, but also poses a threat to navigation safety, neighborhood consistency, and surrounding property values. Critically, this variance request is inconsistent with both the letter and the intent of the applicable regulations. 1. Undermining Code’s Intent The variance request proposes a dock length that is 124% of the maximum allowable by code—exceeding the 30-foot limit by a more than 7 feet. The applicant has not provided evidence demonstrating that this increased length is necessary for navigation safety, as required under LDC 25-2-1176. In the absence of such justification, approval would set a troubling precedent and undermine the intent and the integrity of the Code. 2. Navigation Hazard and Community Consistency The proposed 37+ feet, multi-level dock would constitute a significant navigational hazard. It would be the only residential multi-level dock in the area extending nearly 125% of the standard shoreline distance. This outlier configuration deviates dramatically from the existing character of surrounding docks along Lake Austin, which are predominantly conform to code. A new multi-level dock of up to a 30’ height and 37+’ length would obstruct sight lines around the shoreline curve, increasing the risk of boating accidents. The Board must not approve any new structure that compromises boater safety on Lake Austin. ITEM05/38 3. Adverse Impact on Neighboring Properties and the Lake Community Approval of this variance would result in immediate and measurable harm to neighboring properties, including ours. A multi-level dock of this size (extending …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday September 8, 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-RESIGNED ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___-____Michael Von Ohlen (D10) OUT ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) OUT-UNAVAILABLE ___-____VACANT (Alternate) (M) 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; September 8, 2025 Applicant requested postponement to October 13,2025; Madam Chair Jessica ITEM06/1 Cohen’s motion to Postpone to October 13, 2025; Board member Corry Archer-Mcclellan second on 10-0 votes; POSTPONED TO October 13, 2025. 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 forITEM06/2 September 23, 2025 Letter of Support for Variance Requests C15-2025-0026 & C15-2025-0027 Dear Chair Cohen and Members of the Board of Adjustments — We …
From: To: Subject: Date: Ramirez, Diana FW: Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Monday, August 11, 2025 12:34:59 PM External Email - Exercise Caution Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Please add these pictures to my email ITEM06/34 ITEM06/35 ITEM06/36 ITEM06/37 Re: Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Dear Members of the Board of Adjustments, We, Bruce and Niloofar Slayden, representing the SLAYDEN BRUCE & NELLIE REVOCABLE TRUST at 1744 Channel Road, respectfully submit this letter to express our strong and unequivocal opposition to the variance request submitted by Red Bud Partners LP for the property located at 1750 Channel Road. The request seeks approval to construct a new dock extending 37 feet and 3 inches from the shoreline—substantially exceeding the 30-foot maximum length permitted under the Land Development Code (LDC 25-2-1176). We urge the Board to deny this request. This request is not only excessive and unjustified, but also poses a threat to navigation safety, neighborhood consistency, and surrounding property values. Critically, this variance request is inconsistent with both the letter and the intent of the applicable regulations. 1. Undermining Code’s Intent The variance request proposes a dock length that is 124% of the maximum allowable by code—exceeding the 30-foot limit by a more than 7 feet. The applicant has not provided evidence demonstrating that this increased length is necessary for navigation safety, as required under LDC 25-2-1176. In the absence of such justification, approval would set a troubling precedent and undermine the intent and the integrity of the Code. 2. Navigation Hazard and Community Consistency The proposed 37+ feet, multi-level dock would constitute a significant navigational hazard. It would be the only residential multi-level dock in the area extending nearly 125% of the standard shoreline distance. This outlier configuration deviates dramatically from the existing character of surrounding docks along Lake Austin, which are predominantly conform to code. A new multi-level dock of up to a 30’ height and 37+’ length would obstruct sight lines around the shoreline curve, increasing the risk of boating accidents. The Board must not approve any new structure that compromises boater safety on Lake Austin. ITEM06/38 3. Adverse Impact on Neighboring Properties and the Lake Community Approval of this variance would result in immediate and measurable harm to neighboring properties, including ours. A multi-level dock of this size (extending …
BOA Monthly Report July 2025-June 2026 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 1. 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 2. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 3. 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 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 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: 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 MEETING DATES FOR 2026 301 W 2ND STREET, AUSTIN TEXAS CITY COUNCIL CHAMBERS-ROOM 1001 2ND MONDAY OF THE MONTH 5:30 PM January 12, 2026 February 9, 2026 March 9, 2026 April 13, 2026 May 11, 2026 June 8, 2026 July 13, 2026 August 10, 2026 September 14, 2026 October 12, 2026 November 9, 2026 December 14, 2026
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 ITEM02/1-STAFF REPORT C15-2025-00235 (205 E. 34th St.) BOA Appeal 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 …
205 E 34th St Case: C1-2025-0035 ITEM02/1-PRESENTATION APPELLANT Summary The application is incomplete and does not comply with all applicable requirements The application does not reflect the intent of the North University NCCD Accordingly, we ask the Board of Adjustment to reject the plan set ITEM02/2-PRESENTATION APPELLANT Part 6, Section 3.a. of Ordinance No. 040826-58 (NCCD) “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” The plan set does not demonstrate compliance ITEM02/3-PRESENTATION APPELLANT Part 7, Section 1 of Ordinance No. 040826-58 (NCCD) “A new principal structure must be at least 10’ from a principal structure on an adjacent lot” The plan set does not demonstrate compliance ITEM02/4-PRESENTATION APPELLANT Part 7, Section 1 of Ordinance No. 040826-58 (NCCD) limits floor-to-area ratio (FAR) to 0.4:1 The application shows an FAR of 0.64:1 ITEM02/5-PRESENTATION APPELLANT The applicant failed to provide required information & gave incorrect information on the application Thus, the application is incomplete Zoning District should be SF-3-NCCD-NP Neighborhood Plan Area missing Required FAR calculations not completed Application site plan shows incorrect sizes and locations for buildings on adjacent lots and does not mark distances needed to determine side setbacks ITEM02/6-PRESENTATION APPELLANT “The Residential District is intended to protect the original buildings and development patterns of the neighborhood … New residential development should respect traditional patterns” Part 7, Section 1 of Ordinance No. 040826-58 The plan set does not demonstrate compliance 205 Building 1 Facing E 34th St ITEM02/7-PRESENTATION APPELLANT “The Residential District is intended to protect the original buildings and development patterns of the neighborhood … New residential development should respect traditional patterns” Part 7, Section 1 of Ordinance No. 040826-58 The plan set does not demonstrate compliance 205 Building 2 Facing Alley ITEM02/8-PRESENTATION APPELLANT Designed & marketed as a multifamily communal dwelling Apartment Complex Violates NCCD, SF-3 zoning and HOME ITEM02/9-PRESENTATION APPELLANT Plan allows for construction as 4 units and inclusion of additional bedrooms in “attic” Violates NCCD, SF-3 zoning and HOME ITEM02/10-PRESENTATION APPELLANT Two recently restored affordable homes demolished for a project likely to rent above market to carry land & construction costs North University is already dense & multi-use; we need human-scale homes fitting the development pattern, not stealth dorms ITEM02/11-PRESENTATION APPELLANT Recap North University’s NCCD supports dense, multi-use, affordable housing and a diverse population The 205 project …
Three unit dwellings at 205 East 34 by Professor Kate Juschenko UT Austin ITEM02/1-PRESENTATION-PERMIT HOLDER Initiative “HOME” a small introduction to a big zoning change • The city council passed the ordinance “HOME” in several phases to improve home options and affordability in Austin. • HOME increases density by allowing up to 3 units on one lot. HOME allows to build more square feet per square feet of lot (Floor to area ratio). • Current zoning with no HOME: 40% Floor to area ratio. • with HOME for 3 unit dwelling: 65% Floor to area ratio. • No parking requirement. ITEM02/2-PRESENTATION-PERMIT HOLDER ITEM02/3-PRESENTATION-PERMIT HOLDER What we fear, we judge as evil. What we judge as evil, we attempt to control. What we attempt to control we attack. …any fear comes from the anticipation of what might be, not what is… ITEM02/4-PRESENTATION-PERMIT HOLDER HOME APPROVED PROJECTS ITEM02/5-PRESENTATION-PERMIT HOLDER
ITEM02/9-PRESENTATION-PERMIT HOLDER ITEM02/10-PRESENTATION-PERMIT HOLDER ITEM 1: Incorrect front yard setback ITEM 2: Incorrect Floor to Area Ratio ITEM 3: Incomplete application ITEM 4: Setback from the adjacent property ITEM02/11-PRESENTATION-PERMIT HOLDER CORRECTED ITEM 1: Incorrect front yard setback NO NO ITEM 2: Incorrect Floor to Area Ratio ITEM 3: Incomplete application CORRECTED ITEM 4: Setback from the adjacent property ITEM02/12-PRESENTATION-PERMIT HOLDER ITEM 1: Incorrect front yard setback ITEM02/13-PRESENTATION-PERMIT HOLDER ITEM02/14-PRESENTATION-PERMIT HOLDER 24’4” is averaged setback ITEM02/15-PRESENTATION-PERMIT HOLDER
NCCD: ITEM 4: Setback from the adjacent property CORRECTED ITEM02/16-PRESENTATION-PERMIT HOLDER ITEM 3: Incomplete application ITEM02/17-PRESENTATION-PERMIT HOLDER ITEM 3: Incomplete application ITEM02/18-PRESENTATION-PERMIT HOLDER ITEM 2: Incorrect Floor to Area Ratio The FAR at the approved by the city project is 64% ITEM02/19-PRESENTATION-PERMIT HOLDER NCCD: • The proposed development is “Three-unit dwellings”, defined by the code as “any combination of units” • “Three-unit dwellings” is not a duplex even if it consists of a combination of a duplex and single family • But even if we frivolously try to apply the NNCD to the duplex in our “Three-unit dwelling” development, the project will still stand as FAR of the duplex is 0.32:1 which is much less than 0.4:1 ITEM02/20-PRESENTATION-PERMIT HOLDER ITEM02/21-PRESENTATION-PERMIT HOLDER
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 ITEM05/1-PRESENTATION 1750 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 boat dock 37' 3" from the shoreline into the lake. ITEM05/3-PRESENTATION 1750 Channel Road ITEM05/4-PRESENTATION 1750 Channel Road ITEM05/5-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. ITEM05/6-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. ITEM05/7-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 ITEM06/1-PRESENTATION 1752 Channel Road: ITEM06/2-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. ITEM06/3-PRESENTATION 1752 Channel Road ITEM06/4-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. ITEM06/5-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. ITEM06/6-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. ITEM06/7-PRESENTATION 1752 Channel Road ● Our proposed site plan …
REGULAR MEETING of the BOARD OF ADJUSTMENT October 13, 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 ___Haseeb Abdullah ___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 September 8, 2025. On-Line Link: Draft Minutes for September 8, 2025 PUBLIC HEARINGS Discussion and action on the following cases. New Interpretation case: 2. C15-2025-0035 Bob Kaler and Carol Journeay (Appellant) Kateryna Luschchenko (Owner) 205 E. 34th Street On-Line Link: ITEM02 APPELLANT-ADV PACKET PART1, APPELLANT-PART2, ITEM02 PERMIT HOLDER- ADV PACKET, ITEM02 STAFF REPORT, APPELLANT PRESENTATION, PERMIT HOLDER PRESENTATION PART1, PART2, PART3, PART4 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 …
