REGULAR MEETING OF THE BOARD OF ADJUSTMENT MONDAY, March 9, 2026 AT 5:30 P.M. AUSTIN CITY HALL, COUNCIL CHAMBERS, ROOM 1001 301 WEST 2ND STREET AUSTIN, TEXAS 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 for remote participation by telephone. To register to speak remotely, contact Elaine Ramirez at 512-974-2202 or email elaine.ramirez@austintexas.gov. CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair) ___Haseeb Abdullah ___Thomas Ates ___Sameer S Birring ___ Jeffery Bowen ___ Yung-ju Kim CALL TO ORDER PUBLIC COMMUNICATION: GENERAL ___Bianca A Medina-Leal ___Brian Poteet ___Margaret Shahrestani ___Michael Von Ohlen ___Corry L Archer-Mcclellan (Alternate) ___Suzanne Valentine (Alternate) AGENDA The first 4 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 Regular meeting on December 8, 2025 On-Line Link: December 8, 2025 draft minutes PUBLIC HEARINGS Discussion and action on the following cases Previous Postponed cases: 2. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road On-Line Link: ITEM02 ADV PACKET PART1, PART2; PRESENTATION OPPOSITION 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. 3. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM03 ADV PACKET PART1, PART2; PRESENTATION OPPOSITION …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, December 8, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, December 8, 2025, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:47 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Haseeb Abdullah, Jeffery Bowen, Bianca A. Medina-Leal, Brian Poteet, Maggie Shahrestani, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Thomas Ates, Yung-ju Kim, Sameer S Birring APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on November 10, 2025 On-Line Link: November 10, 2025 draft minutes The minutes from the meeting on November 10, 2025, were approved on Vice Chair Melissa Hawthorne, Board member Brian Poteet second, on 11-0 Vote. PUBLIC HEARINGS Discussion and action on the following cases Previous Postponed cases: 2. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road On-Line Link: ITEM02 ADV PACKET PART1, PART2 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. The public hearing was closed by Chair Jessica Cohen, Vice Chair Melissa Hawthorne’s motion to postpone to February 9, 2026; Board member Maggie Shahrestani second on 11-0 votes; POSTPONED TO February 9, 2026. 3. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday December 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) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____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) 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. 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. October 13, 2025 APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025; BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS; November 10, 2025 The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to December 8, 2025; Vice ITEM02/1 Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO December 8, 2025. December 8, 2025 The public hearing was closed by Chair Jessica Cohen, Vice Chair Melissa Hawthorne’s motion to postpone to February 9, 2026; Board member Maggie Shahrestani second on 11-0 votes; POSTPONED TO February 9, 2026. 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 …
ITEM02/54 ITEM02/55 ITEM02/56 ITEM02/57 ITEM02/58 ITEM02/59 ITEM02/60 Exhibit A: Image from 09/24/2025 showing the lake depth is 2’9.5” 30 ft from shore 33.5 inches 2 feet 9.5 inches ITEM02/61 Exhibit B: Image from 10/09/2025 showing the lake depth measure 2’1.5” where the hull of a boat would sit with a 30ft long boat dock 25.5 inches 2 feet 1.5 inches ITEM02/62 Exhibit C: Images showing existing structures extend less into the lake than the downstream neighboring dock which is 30ft in length. 1748 dock (downstream) 1748 dock extends much further into the lake Existing 1750 dock Current structure which is 6 inches longer than the proposed is further from the middle of the lake than the adjacent downstream neighbors 30 foot dock. ITEM02/63 Exhibit D: Downstream shoreline curves into the in front of the dock creating several feet of length into the lake. Closeup of neighboring shoreline shows that it protrudes into the lake several feet where the boat dock is. ITEM02/64 Opposition to Variance 2 CASES C15-2025-0026 and C15-2025-0027 1 Site Plan SP-2025-0119D 1750 Channel Rd. & 1752 Channel Rd. By: Bruce & Nellie Slayden, Conforming dock at 1744 Channel Rd. 1 ITEM02/65 1750 Channel Rd - Nonconforming 37’ Existing nonconforming: Never Permitted 1 story Uncovered fishing pier NO watercraft slips 2 ITEM02/66 1752 Channel Rd - Nonconforming 47’ or 46’ 1” Existing nonconforming structure: Never permitted 1-story 1-watercraft slip 47’ Length Proposed nonconforming: • 3 stories across entire structure • 2 watercraft slips • 46’1’ shoreline L is 16’1” (154% of) over statutory 30’ • 22’ W vs. 14’W Existing • 2 flights of stairs • Proposed dimensions and location different than existing 3 ITEM02/67 Applicants Proposed Docks vs. Existing 4 ITEM02/68 NO HARDSHIP Applicants False/Misleading Assumptions for Alleged Hardship Applicant FALSE assumption “‘a modern watercraft’ requires water depth of 4 feet” True: Numerous modern watercraft require much less than 4. “Modern watercraft” operate in 2.5’depths: • Inboard/Outboard Watercraft • Pontoon Watercraft • Tritoon Watercraft • Outboard Watercraft • Jet Watercraft 5 ITEM02/69 Applicants state “‘modern watercraft’ require 4’ water depth; See Aqua Permit, Item 05/8 Presentation, p. 8 True: Modern lifts designed specifically to protect “modern watercraft” in shallow waters only need 2.5’ depth; no excess dredging • Cantilever Lifts extend and retract 3’ to 6’ into lake for launching and docking Modern Watercraft ; e.g. HydroHoist Ultralift for 6500 lbs watercraft, extends 4.5’ into lake, min …
Opposition to Variances C15-2025-0026 and 0027 1 ITEM02/1-PRESENTATION Improperly Enriching Applicants at Public Expense Opposition to Variances C15-2025-0026 and 0027 2 ITEM02/2-PRESENTATION Dredge/Hardship Ignore PE-Stamped Plan & Official GIS Elevations Fig. 2. Applicants’ GIS imagery shows Official City of Austin GIS elevations Dredge charts and volumes Fig. 3. PE-Stamped Site Plan, by Aqua Permits and stamped by Mr. Hamm, shows Austin’s GIS elevations (Aug. 2025 Presentations). Opposition to Variances C15-2025-0026 and 0027 3 ITEM02/3-PRESENTATION Fig. 1. Example of Applicants’ Dredge Charts (Applicants’ Aug. & Nov. 2025 Presentations) Opposition to Variances C15-2025-0026 and 0027 ITEM02/4-PRESENTATION Lakebed Profiles Do Not Match GIS/Site Plan Inflating Dredge to Increase Dock Length Opposition to Variances C15-2025-0026 and 0027 Fig. 4. Applicants’ Lakebed Profiles Do Not Match or Average GIS/ Site Plan Elevations (Applicants’ Aug. & Nov. 2025 Dredge Charts) 5 ITEM02/5-PRESENTATION Agents Stated But Did Not Use Average End Area Calculations More Dredge -> Hardship -> More Surface Area ($0) Opposition to Variances C15-2025-0026 and 0027 6 Fig. 4 Civ. Eng. PE Review of Average End-Area Method ITEM02/6-PRESENTATION Changing Lakebed Profiles for 1750 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM02/7-PRESENTATION Changing Lakebed Profiles for 1752 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM02/8-PRESENTATION
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday December 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) __Y_____Haseeb Abdullah (D6) __Y_____Sameer S Birring (D7) __Y_____Margaret Shahrestani (D8) __Y_____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) 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 Cohen’s motion to Postpone to October 13, 2025; Board member Corry Archer-Mcclellan second on 10-0 votes; POSTPONED TO October 13, 2025. October 13, 2025 APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025; BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS, November 10, 2025 The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to December 8, 2025; Vice Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO December 8, 2025. December ITEM03/1 8, 2025 The public hearing was closed by Chair Jessica Cohen, Chair Jessica Cohen’s motion to postpone to February 9, 2026; Vice Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO February 9, 2026. 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 …
ITEM03/43 ITEM03/44 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 ITEM03/45 ITEM03/46 ITEM03/47 ITEM03/48 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. ITEM03/49 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 …
Opposition to Variances C15-2025-0026 and 0027 1 ITEM03/1-PRESENTATION Improperly Enriching Applicants at Public Expense Opposition to Variances C15-2025-0026 and 0027 2 ITEM03/2-PRESENTATION Dredge/Hardship Ignore PE-Stamped Plan & Official GIS Elevations Fig. 2. Applicants’ GIS imagery shows Official City of Austin GIS elevations Dredge charts and volumes Fig. 3. PE-Stamped Site Plan, by Aqua Permits and stamped by Mr. Hamm, shows Austin’s GIS elevations (Aug. 2025 Presentations). Opposition to Variances C15-2025-0026 and 0027 3 ITEM03/3-PRESENTATION Fig. 1. Example of Applicants’ Dredge Charts (Applicants’ Aug. & Nov. 2025 Presentations) Opposition to Variances C15-2025-0026 and 0027 ITEM03/4-PRESENTATION Lakebed Profiles Do Not Match GIS/Site Plan Inflating Dredge to Increase Dock Length Opposition to Variances C15-2025-0026 and 0027 Fig. 4. Applicants’ Lakebed Profiles Do Not Match or Average GIS/ Site Plan Elevations (Applicants’ Aug. & Nov. 2025 Dredge Charts) 5 ITEM03/5-PRESENTATION Agents Stated But Did Not Use Average End Area Calculations More Dredge -> Hardship -> More Surface Area ($0) Opposition to Variances C15-2025-0026 and 0027 6 Fig. 4 Civ. Eng. PE Review of Average End-Area Method ITEM03/6-PRESENTATION Changing Lakebed Profiles for 1750 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM03/7-PRESENTATION Changing Lakebed Profiles for 1752 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM03/8-PRESENTATION
BOA SIGN REVIEW COVERSHEET CASE: C16-2026-0002 BOA DATE: Monday, March 9th, 2026 ADDRESS: 310, 306, 310 ½, 314, & 320 W 2nd St 301, 311, & 317 W 3rd St and 200, 210, & 212 Lavaca St COUNCIL DISTRICT: 9 OWNER: RHP BLOCK 21, LLC AGENT: Richard T Suttle, Jr ZONING: CBD-CURE-CO LEGAL DESCRIPTION: Lots 1-7, Block 21, Original City VARIANCE REQUEST: maximum sign area for a freestanding sign from 0.5 square feet for each linear foot of street frontage (maximum allowed) to 250 square feet (requested) and to exceed sign height for a freestanding sign of six feet (6 ft) to thirty feet (30 ft) SUMMARY: to allow for a LED Pylon freestanding sign in order to erect signage for ACL Live Events. ISSUES: previously approved sign permit that was never constructed Site CBD-CURE-CO ZONING North CBD South CBD CBD East CBD West LAND USES Central Business-Central Urban Development- Conditional Overlay Central Business Central Business Central Business Central Business NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council City of Austin Downtown Commission Downtown Austin Alliance Downtown Austin Neighborhood Assn. (DANA) Friends of Austin Neighborhoods Homeless Neighborhood Association Old Austin Neighborhood Association Preservation Austin Shoal Creek Conservancy ITEM04 February 23, 2026 Amanda Hendrix 310 W 2nd St Austin TX, 78701 Property Description: PropertyLoc Re: C16-2026-0002 Dear Amanda, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Section 25-10-129F and LDC 25- 10-129G at 310 W 2nd St. Austin Energy does not oppose this request, provided that any proposed or existing improvements follow Austin Energy’s Clearance and 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 comments, please contact our office. Thank you for contacting Austin Energy. Ashleigh Woolf, MuniProg, Paraprofessional Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 972-8400 ITEM04/1 ITEM04/2 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 …
ITEM04/1-LATE BACKUP SUPP January 16, 2026 City of Austin – Austin Development Services City of Austin Permitting & Development Center 6310 Wilhelmina Delco Drive Austin, Texas 78752 Re: Letter of Support for the Board of Adjustment Sign Variance Application for property located at 200, 210, & 212 Lavaca, 306, 310, 310 ½, 314, & 320 W 2nd Street, 301, 311 & 317 W. 3rd Street (the “Application”) Dear City of Austin: This letter is submitted on behalf of PPF AMLI 4212 West 3rd Street, L.P. regarding the Board of Adjustment Sign Variance application for property located at 200, 210, & 212 Lavaca, 306, 310, 310 ½, 314, & 320 W 2nd Street, 301, 311 & 317 W. 3rd Street, Austin, Travis County, Texas. As the owner of property across the street from the proposed sign, PPF AMLI 4212 West 3rd Street, L.P. supports the sign variance as presented and requests that the Board of Adjustment approve the Application. Should you have any questions, please do not hesitate to contact me. Sincerely, Taylor Bowen President and CEO of AMLI Development Company Docusign Envelope ID: B0CC801A-07C0-47C6-A823-5D232D508B02ITEM04/2-LATE BACKUP SUPP
C16-2026-0002 310 W. 2nd Street ITEM04/1-PRESENTATION PROPOSED SIGN ITEM04/2-PRESENTATION ITEM04/3-PRESENTATION ITEM04/4-PRESENTATION Variances Requested: • LDC Section 25-10-129(F)(2)(a)(Downtown Sign District Regulations) to exceed the maximum sign area limitation for free standing signs which is equal to 0.5 square feet for each linear foot of street frontage to allow for a LED Pylon sign with an area of 250 square feet. • LDC 25-10-129(G)(1) (Downtown Sign District Regulations) to exceed the 6-ft maximum height limitation for a free standing sign to allow for a LED Pylon Freestanding sign with a height of 30-ft. ITEM04/5-PRESENTATION FINDINGS: The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: The sign will be located at the southeast corner of the Property and oriented towards W. 2nd Street and Lavaca. Neighboring properties include City Hall building to the south, Silicon Labs building to the southeast, and AMLI Downtown multi-family building to the east. The City Hall and Silicon Labs buildings are commercial buildings primarily occupied during daytime hours therefore would be minimally impacted by the proposed sign. Additionally, during nighttime hours the sign would have minimal impact as it is comprised of LED Diode lighting which is directional and does not increase in lumines as it travels. The brightness of the LED sign can also be controlled to minimize the impact to neighboring properties during nighttime hours either by using a daily timer or via a light sensor that detects the ambient light in the area and automatically adjusts its brightness accordingly. ITEM04/6-PRESENTATION FINDINGS: The granting of this variance will not substantially conflict with the stated purposes of the sign ordinance, because: The design of the proposed sign does not conflict with the stated purposes of the sign ordinance as the sign will modernize the neighborhood, enhance the aesthetic value of the City, and is consistent with the urban character of the downtown 2nd Street District. The 2nd Street District consists of six downtown blocks that were developed through a series of public-private partnerships with the City of Austin and over time has become a destination and key piece of the fabric of downtown Austin. The district is known for its walkable streetscapes and is flanked with local retail and restaurant uses at the ground level and office and multi-family uses above to create an environment where both residents and visitors can live, work, and play. The proposed sign will be …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0003 BOA DATE: Monday, March 9th, 2026 ADDRESS: 8506 & 8507 Walhill Cv OWNER: Yair Cohen Hoshen COUNCIL DISTRICT: 10 AGENT: Luke Caraway ZONING: SF-3 LEGAL DESCRIPTION: LOT 61-62 TWIN MESA VARIANCE REQUEST: decrease the interior yard setback from five feet (5 ft.) to one foot (1ft.) SUMMARY: complete a detached garage and single-family residence ISSUES: single-family residence & detached garage constructed across lot lines & topography ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Bull Creek Foundation Friends of Austin Neighborhoods NW Austin Neighbors Northwest Austin Civic Association TNR BCP – Travis County Natural Resources ITEM05 February 23, 2026 Luke Caraway 8506 Walhill Cv Austin TX, 78759 Property Description: LOT 61-62 TWIN MESA Re: C15-2026-0003 Dear Luke, 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 8506 Walhill CV. 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. All signage will need to stay out of Austin Energy easements and 5’ from existing underground electric lines. 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 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 ITEM05/1 ITEM05/2 ITEM05/3 ITEM05/4 ITEM05/5 BOA Narrative Background/Additional Information An existing single-family residence and detached garage were constructed in 1991 across both 8506 and 8507 Walhill Cove (Lots 61 and 62 of the Twin Mesa Subdivision). Both properties were sold and acquired together by the current owner, Yair Hoshen Cohen, in 2022. The existing residence at 8506 Walhill Cove remains in place and is planned to be sold. The freestanding garage that previously served this house, which was located on 8507 Walhill Cove, has been demolished, and construction has begun on a new residential structure on that lot that will include …
C15-2026-0003 8506 & 8507 Walhill Cove Presenter: Luke Caraway 3/9/2026 2026-000001 BA ITEM05/1-PRESENTATION Original Site Current Lot Configurations • Address: 8506 & 8507 Wahill Cove in Northwest Austin • Zoning: SF-3 • Existing Structures: • 8506 Walhill (Lot 62): 2,500 sf, construced in 1991 • 8507 Walhill (Lot 61): Detached Garage ITEM05/2-PRESENTATION Variance Request • LDC 25-2-492, reducing interior side yard setback from 5' to 1'. Proposed Site Plan (Under Construction) ITEM05/3-PRESENTATION Challenge #1: Topography & Soil Conditions • 8506 Walhill Elevation change across property: 65 ft (808’ to 743’) • 8507 Walhill Elevation change across property: 47 ft (805’ to 758’) • USGS Soil Type: Brackett-Rock outcrop-Real complex, 8 to 30 percent slopes Back side of 8506 Walhill Cove Elevation change across 8506 and 8507 Walhill ITEM05/4-PRESENTATION Challenge #1:Access/ Accessibility • Both 8506 & 8507 are located at the end of a cul-de-sac Street View of 8506 and 8507 Walhill Accessible route to 8506 Walhill ITEM05/5-PRESENTATION Intent of Code Newly constructed detached garage & new residential structure at 8507 Walhill Cove ITEM05/6-PRESENTATION
BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0006 BOA DATE: Monday, March 9th, 2026 ADDRESS: 4301 Manzanillo Dr OWNER: Cole Stewart COUNCIL DISTRICT: 8 AGENT: N/A ZONING: SF-2 LEGAL DESCRIPTION: LOT 1 BLK Z MAPLE RUN SEC 3 VARIANCE REQUEST: increase the height from six feet (6 ft) (maximum allowed) to eight feet (8 ft.) (requested) along rear property line (southeast) and street side yard property line (northeast) SUMMARY: maintain 8 ft fence ISSUES: corner lot, sloping lot with opposing grade changes 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: Austin Independent School District Circle C Neighborhood Assn Deer Park Owners Association, Inc. Friends of Austin Neighborhoods Homeless Neighborhood Association Maple Run-Wheeler Creek-Woodstone Village Oak Hill Association of Neighborhoods (OHAN) Onion Creek Homeowners Assoc Preservation Austin Save Barton Creek Assn Save Our Springs Alliance South Austin Neighborhood Alliance (SANA) TNR BCP – Travis County Natural Resources ITEM06 February 23, 2026 Cole Stewart 4301 Manzanillo Dr Austin TX, 78749 Property Description: LOT 1 BLK Z MAPLE RUN SEC 3 Re: C15-2026-0006 Dear Cole, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC, Section 25-2-899 at 4301 Manzanillo Dr. https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25LADE_CH 25-2ZO_SUBCHAPTER_CUSDERE_ART1GEPR_S25-2-472BOADVAAU Austin Energy does not oppose this request, provided that any proposed or existing improvements follow Austin Energy’s Clearance and 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 comments, please contact our office. Thank you for contacting Austin Energy. Ashleigh Woolf, Project Assistant Austin Energy Infrastructure Support Services 4815 Mueller Blvd Austin, TX 78723 (512) 972-8400 ITEM06/1 ITEM06/2 Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot …
Utility Pole City-owned utility pole located adjacent to the fence line as shown on the survey. ITEM06/13 Drainage Easement Drainage easement located behind the property creating an open corridor consistent with the recorded survey. ITEM06/14
Fence Height Variance Request Case No: C15-2026-0006 4301 Manzanillo Drive Austin, Texas Applicant: Cole Stewart ITEM06/1-PRESENTATION Corner Lot Configuration Subject property has frontage on Manzanillo Drive and Eskew Drive ITEM06/2-PRESENTATION Physical Site Conditions • 31-inch cumulative grade change • Fence measures 91-95 inches from grade • Drainage easement and adjacent utility infrastructure 86 ft Drop: 23.75 in 48 ft Drop: 7.25 in ITEM06/3-PRESENTATION Limited Scope and No Public Impact • Over-height segments limited to side and rear yard • Fence remains outside public right-of-way • No obstruction of corner visibility ITEM06/4-PRESENTATION
BOA INTERPRETATION APPEAL COVERSHEET CASE: C15-2026-0005 BOA DATE: Monday, March 9th, 2026 ADDRESS: 205 E 34th St COUNCIL DISTRICT: 9 APPELLANT: Peter Journeay-Kaler PERMIT HOLDER/OWNER: JBD CR HOLDING, LLC. 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 determinations by City staff in connection with approval of a building permit (Permit No. 2025-140201 PR) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street, Austin, TX 78705. SUMMARY: any proposed development must comply with the provisions of the NCCD ISSUES: application is incomplete, and the plan set No. 2025-140201PR does not 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 (Central Austin Neigh Plan Area Committee) Friends of Austin Neighborhoods Homeless Neighborhood Association North University Neighborhood Association North University Neighborhood Development Review Committee Preservation Austin ITEM07 February 23, 2026 Peter Journeay-Kaler 205 E 34th St Austin TX, 78705 Property Description: LOT 3 BLK 19 DIV D HARRIS SIDON RESUB OF GROOMS ADDN Re: C15-2026-0005 Dear Peter, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider an Interpretation for Permit No. 2025-140201 PR. 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. All signage will need to stay out of Austin Energy easements and 5’ from existing underground electric lines. 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 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 ITEM07 ITEM07/1 - APPELLANT Development Services Department interpretation is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ I feel the correct interpretation is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Findings The Board must determine the existence of, sufficiency of and weight of evidence supporting the findings described …
ITEM07/35 - APPELLANT Attachment N: Construction Access and Site Access Conditions Narrow Alley Shown Adjacent to Rear of Site with Limited Clear Width No Construction Access Route Shown from Front of Site to Building 2 No Curb Cut Along E 34th Street Frontage ITEM07/36 - APPELLANT 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. ITEM07/37 - APPELLANT 1. regulations apply. Site Development standards table. …
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ITEM07/202 - APPELLANT ITEM07/203 - APPELLANT ITEM07/204 - APPELLANT 20' ALLEY 0.3' 1/2" IRF N 60° 00' 00" W 52.00' UTILITY POLE GUY ANCHOR T N E C A J D A I G N D L I U B 12.6' 12.5' 0.3' 0.2029 AC. 8,840 SQ. FT. LOT 5 LOT 4 T N E C A J D A E C N E D S E R I ADJACENT RESIDENCE ' 0 0 . 0 7 1 W " 0 0 ' 0 0 ° 0 3 S 4.3' 0.9' 3.3' 2.0' 2.0' 3.1' VACANT LOT 205 E. 34TH STREET LOT 3, BLOCK 19 GROOMS ADDITION 0.9' "X" FOUND IN STONE 3.8' T N E C A J D A I G N D L I U B 3.9' 3.4' ' 0 0 . 8.4' 0 7 1 E " 0 0 ' 0 0 ° 0 3 N 9.0' LOT 2 LOT 1 ADJACENT RESIDENCE T N E C A J D A E C N E D S E R I RESIDENCE SETBACK ON LOT 5 - 26.1' FROM E. 34TH STREET RESIDENCE SETBACK ON LOT 4 - 26.4' FROM E. 34TH STREET RESIDENCE SETBACK ON LOT 2 - 25.5' FROM E. 34TH STREET RESIDENCE SETBACK ON LOT 1 - 19.6' FROM E. 34TH STREET CM 1/2" IRF N.E. COR. LOT 4 S 60° 00' 00" E 52.00' 5/8" IRF S 60° 00' 00" E 52.00' (ASSUMED REF. BEARING) 1/2" IPF CM 1/2" IRF N.W. COR. LOT 1 N 60° 00' 00" W 52.00' "X" FOUND N 60° 00' 00" W 52.00' WATER METER W UTILITY POLE E. 34TH STREET (60' R.O.W.) LEGEND: BARBWIRE FENCE CHAINLINK FENCE METAL FENCE WOOD FENCE VINYL FENCE ELECTRIC LINE ASPHALT = CONCRETE = GRAVEL = TILE = WOOD = GM = GAS METER EM = ELECTRIC METER IPF = IRON PIPE FOUND IRS = IRON ROD SET WITH "PREMIER" CAP IRF = IRON ROD FOUND CM = CONTROLLING MONUMENT (WOOD) RAILROAD TIE = STONE = BRICK = NOTES: BEARINGS ARE ASSUMED. AVERAGE SETBACKS OF ADJOINING RESIDENCES = 24.4'. 0' 10' 20' 40' SCALE: 1"= 20' LEGAL DESCRIPTION: BEING LOT 3, BLOCK 19, GROOMS ADDITION, AN ADDITION TO TRAVIS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 276, PAGE 235, DEED RECORDS, TRAVIS COUNTY, TEXAS. TECH FIELD MSP JT SURVEYOR'S CERTIFICATION: THIS IS TO DECLARE THAT ON THIS DATE A …
ITEM07/1-LATE BACKUP OPP ITEM07/2-LATE BACKUP OPP accommodate the space they want, in order to meet Austin's impervious cover requirement for their property. By increasing impervious cover, you restore balance between the FAR & IC provisions. This is key: obtain the density improvement that Austin critically needs without driving it upward. Please, DO NOT touch the HOME FAR provisions. Please, DO NOT count attics toward FAR...unless you're a huge fan of flat & low slope roofs, and the cartoonishly ugly McMansion roofs and dormers. Please DO NOT allow these 2 proposed measures to become "uncoupled". Understand them as a packaged deal, a matching set. Be conscientious of horizontal vs vertical area. Keep them balanced. Thank you very much for your time & attention. TRAVIS LUCY, RA PRINCIPAL LLVLL A follow up "in the weeds" note about impervious cover: I heard 2nd hand that during the HOME workshops to draft the ordinance, it was Watershed that shot down any suggestion of impervious cover increase, declaring it a non-starter for stormwater management / safety reasons. I hope that this is negotiable, but if not, there are other, more subtle ways to alleviate the IC pinch: 1. Direct DSD to modify their definition of impervious cover as follows: - Pervious pavements & concretes count as pervious, period, INCLUDING driveways. - Wood decks do not count toward impervious cover: rainwater either evaporates or drops through to the ground below, thus, these have no bearing on flood risk. (Applies to similar open-jointed, perforated assemblies) - Horizontal solid surfaces narrower than 1'-0" width (with +1'-0" uncovered ground on either side) do not count toward impervious cover. (Pool copings, tops of walls, etc.) Similar reasoning to wood decks: these items have a negligible impact on stormwater infiltration, but pose a significant burden on site IC calculations. DSD's current interpretations on these items are unusual and overly conservative, and are contributing to the "upward pressure" we all want to avoid. Simply by defining "impervious" more pragmatically, we'd free up a good amount of 'low' space for housing density. 2. Direct Watershed to design a "rainwater collection incentive" that translates to an impervious cover reduction. They should design a reasonable, acheivable rainwater storage volume -to- impervious area trade, that will incentivize designers, builders and homeowners to start capturing rainwater for irrigation. This is a no- ITEM07/3-LATE BACKUP OPP ITEM07/4-LATE BACKUP OPP ITEM07/5-LATE BACKUP OPP ITEM07/6-LATE BACKUP OPP ITEM07/7-LATE BACKUP OPP …
BOA Case No. C15-2026-0005 – Appeal of Permit No. 2025-140201 PR (205 E. 34th Street) Dear Chair and Members of the Board of Adjustment: On Monday, February 16, the Heritage Neighborhood Steering Committee met and voted unanimously to support the BOA appeal C15-2026-0005, concerning Permit 2025-140201 PR for a proposed project at 205 E. 34th Street in the North University Neighborhood. The North University Neighborhood Association (NUNA) general membership voted on February 2 to officially support the appeal. The Heritage Neighborhood Association shares concerns regarding adherence to the North University Neighborhood Conservation Combining District (NCCD) and enforcement of City Code. The Heritage Neighborhood Steering Committee has the following concerns: 1) North University NCCD Floor Area Ratio limitations The proposed permit was approved for a Floor Area Ratio of approximately 0.65, despite the NCCD’s 0.4 FAR limitation applicable to SF-zoned properties. The North University NCCD was adopted in 2004, at a time when 3-unit residential use on SF zoning did not exist and could not have been anticipated. The absence of an explicit FAR entry in the NCCD for that use does not indicate an intent to permit greater building scale. The Heritage Neighborhood Association supports the interpretation that the NCCD’s 0.4 FAR limitation continues to apply to SF-zoned lots, including those now permitted to contain 3-unit residential uses. This is a narrow, district-specific application of adopted NCCD scale controls and would not have broader citywide implications. 2) Building Design and Review The proposed permit reflects a design that was modified from a previously rejected plan by removing walls and renaming rooms without materially changing the living space. Those walls could readily be restored after issuance of a certificate of occupancy and therefore warrant evaluation under an R-3 congregate living classification. Appropriate classification and review are essential to ensuring safe living conditions for group living arrangements, which are common in neighborhoods near the University of Texas, including both North University and Heritage. 3) Additional City Code and NCCD compliance concerns The appeal identifies several additional compliance issues, including deficiencies in application materials, stair safety, fire access, and required building orientation and visitable route standards. These concerns support the conclusion that the approved plans fail to demonstrate compliance with applicable City Code and NCCD requirements. Accordingly, the Heritage Neighborhood Association requests that the Board of Adjustment reverse the administrative decision and deny issuance of Permit No. 2025-140201 PR, and further requests that …
205 E 34th St Board of Adjustment Appeal Case C15-2026-0005 1 ITEM07/1-PRESENTATION APPELLANT Basis for Appeal and Requested Action • The approved application and plan set do not demonstrate compliance with multiple adopted code requirements • The approved plan set does not comply with the North University NCCD, including the applicable 0.4 FAR limit for SF-zoned lots • The approved application omits required information and contains plan conflicts that cannot be enforced as approved Accordingly, we ask the Board of Adjustment to: • Reverse issuance of Permit No. 2025-140201 PR, based on failure to demonstrate compliance with the applicable NCCD FAR standard and other adopted code requirements 2 ITEM07/2-PRESENTATION APPELLANT Review Path and Enforceability of Approved Plans (Building 2) 1) Staff Review Comment Requiring IBC Review of Building 2 2) Staff Review Comment Approving Building 2 Subject to Five-Bedroom Limitation 3 ITEM07/3-PRESENTATION APPELLANT First Floor (Building 2) : Bedrooms Reduced Through Relabeling and Minor Modifications 12 Bedroom Configuration: Requires IBC Review Approved Configuration: Relabeling and Partition Removal Partition Removed Steps Up Required to Access Bedroom Suite Rooms Relabeled 4 ITEM07/4-PRESENTATION APPELLANT Second Floor (Building 2): Bedrooms Reduced Through Relabeling and Partition Removal 12 Bedroom Configuration: Requires IBC Review Approved Configuration: Relabeling and Partition Removal Partitions Removed Partitions Removed Closets relabeled as Chases 5 ITEM07/5-PRESENTATION APPELLANT North University NCCD Regulates Building Scale Through FAR • The NCCD is a Council-adopted ordinance governing development within North University • Floor Area Ration (FAR) is the NCCD’s primary quantitative control on building scale • The NCCD states “New residential development should respect traditional patterns including building orientation, scale, height, setbacks and parking location” • The NCCD applies FAR limits by zoning category, not by listed residential use • The NCCD sets a FAR limit of 0.4 for SF-zoned lots 6 ITEM07/6-PRESENTATION APPELLANT Council Applied 0.4 FAR Limit to New Residential Uses Not Listed in the NCCD 2011 Amendment: Council permitted a new residential use not expressly listed in the NCCD and required compliance with the 0.4 FAR limit for SF-zoned lots 2012 Amendment: Council applied the NCCD 0.4 FAR limit to an SF-zoned lot with three residential units, confirming FAR applies at the lot level regardless of use configuration These amendments demonstrate that modifications to the NCCD occur through Council-adopted ordinances 7 ITEM07/7-PRESENTATION APPELLANT NCCD 0.4 FAR Limit Allows Three Residential Units on SF-zoned Lots 201 E 34th Street & 3307–3309 Helms Street Lot …
PRESENTATION C15-2026-0005 Permit No. 2025-140201 PR Address: 205 East 34th Street Owner or Permit Holder: Leonid Murashkovskiy ITEM07/1-PRESENTATION OWNER ATTACHMENT LIST (EXHIBITS) Exhibit A: Permit Decision & Master Comment Report • Description: A copy of Permit No. 2025-14020 I PR and the final City of Austin Master Comment Report. • Purpose: Establishes the "Appealed Decision" and proves that City staff explicitly reviewed and approved the project as a 5-bedroom single-family dwelling under the IRC, not a 12-bedroom congregate living facility. It also refutes the claim of an "incomplete application" by showing the City deemed it sufficient for review. Exhibit B: Official Recorded Survey • Description: The stamped and recorded land survey of 205 East 34th Street. • Purpose: This is the controlling legal document for the site. It definitively refutes the Appellant's claim that the alley is only 12 feet wide by documenting the full 20-foot Right-of-Way (ROW). This directly disproves the Fire Code violation claim. Exhibit C: Correspondence from Residential Plan Review Supervisor • Description: Email correspondence from John Bowman, Residential Plan Review Supervisor, regarding visitability. • Purpose: Provides the Board with the City's official interpretation that a visitability route may originate from an alley "where a vehicle can drive". This negates the Appellant's argument that the alley origin is non-compliant. Exhibit D: Austin Energy Approval for Guy Wire Removal • Description: Documentation or approved utility plan from Austin Energy authorizing the removal of the down guy wires. • Purpose: Proves that the "obstruction" cited by the Appellant is already slated for removal as part of the approved utility design. Exhibit E: Site Photographs of Alley Conditions • Description: Current photographs of the alley surface behind the property. • Purpose: Demonstrates that the alley surface is paved and stable, supporting the City's determination that it is accessible for visitability and emergency vehicles, contrary to the Appellant's claims of it being "poorly paved". Exhibit F: Excerpts from Board of Adjustment Rules of Procedure • Description: Article I(A) regarding ''Legal Authority & Jurisdiction" and Article IV(A) regarding "Administrative Appeals." ITEM07/2-PRESENTATION OWNER • Purpose: Provides the Board with the black-letter law limiting their jurisdiction to zoning matters only, explicitly excluding the Building and Fire Code issues raised by the Appellant. Exhibit G: Excerpts from North University NCCD (Ordinance No. 040826-58) • Description: Part 7 (Residential District) of the NCCD ordinance. • Purpose: Highlights the text showing FAR limits for "Single Family" and …
To: From: Chair Cohen Board of Adjustment Members Brent Lloyd Development Officer Austin Development Services Dept. Date: March 2, 2026 Subject: Case No. C15-2026-0005 | Appeal of Administrative Decision Approving Construction of Three-Unit Use at 205 East 34th St. (PR No. 2025-140201) On January 26, 2026, Peter Journeay-Kaler filed an appeal with the Board of Adjustment (BOA) challenging a decision by Austin Development Services (ADS) approving construction of a three-unit residential use at 205 East 34th Street. As explained below, ADS recommends that the Board uphold staff’s determination and dismiss the appeal. Summary of Appeal Issues Appellant argues that the approved plans fail to comply with four categories of regulation, which are summarized here along with ADS’s response: Regulation Appellant’s Position ADS’s Position North University Neighborhood Conservation Combining District (NCCD) Three-unit uses are subject to NCCD FAR limit of 0.40 or, alternatively, 0.50 Three-unit uses are subject to 0.65 FAR limit per the “HOME” ordinance (Sec. 25-2-773) International Residential Code (IRC) Bedroom count exceeds limit for IRC review, so project is subject to International Building Code (IBC) Plans fail to meet Visitability requirements Stairs lack required tread depth Staff correctly applied IRC, IFC, and completeness requirements. None of these requirements are zoning regulations, so they are outside the BOA’s scope of review International Fire Code (IFC) Insufficient emergency access Application Completeness Permit application incomplete ITEM07/1-STAFF REPORT Case No. C15-2026-0005 BOA Appeal re: 205 East 34th Street Staff Report ADS Response to Appeal 1. FAR Issues In approving plans for this project (PR No. 2025-140201), ADS applied the 0.65 FAR limit applicable to three-unit residential uses under the “HOME” ordinance codified in Sec. 25- 2-773(E)(4)(a) of the Land Development Code. Appellant asks the Board to reverse this determination and instead find that three-unit uses are subject to the NUNA-NCCD’s 0.40 FAR limit for duplexes and two-unit uses or, alternatively, the 0.50 FAR limit that applies to most multi-family (MF) zoned lots within the NCCD. ADS recommends that the Board uphold staff’s determination that the 0.65 FAR limit applies to this project for the following reasons: • The NUNA-NCCD Ordinance says to apply the Land Development Code unless it conflicts with the NCCD. The NUNA-NCCD is silent on three-unit uses. Per direction in the original ordinance adopting the NCCD, this means that three-unit uses are subject to applicable requirements of the Land Development Code. See Ordinance No. 040826-58, Part 5, Sec. 1.a …
BOA Monthly Report July 2025-June 2026 February 9, 2026 Meeting cancelled due to notification error January 12, 2026 Meeting cancelled due to technology upgrades in Council Chambers December 8, 2025 Granted Postponed 0 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 Denied 0 1 1. 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) Discussion Items 2 Dec 2025 Interpretations Dec 2025 BAAP 1 new inquiries 0 (Added Dec 8# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 8 14 0 2 (recon) 8 Board members absent: None (1 vacant alternate position) November 10, 2025 Granted 4 1. 25-10-127 (Multi-Family Residential Sign District Regulations): (E) (2) (a) to exceed total sign area 2. 25-2-492 (Site Development Regulations) from setback requirements to decrease the front yard setback 3. 25-10-124 (Scenic Roadway Sign District Regulations), (B) to allow more freestanding signs 4. 25-2-492 (Site Development Regulations) setback requirements to decrease the minimum interior side yard setback and setback requirements to decrease the minimum rear yard setback Postponed 3 2. 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) 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 1 1. Reconsideration 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 Discussion Items 1 Nov 2025 Interpretations Nov 2025 BAAP 0 new inquiries 0 (Added Nov 10# 2025) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 8 12 0 1 (recon) 6 Board members absent: Corry L Archer-Mcclellan (alternate) (1 vacant alternate position) 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 …
