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, March 9, 2026 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, March 9, 2026, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:43 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Haseeb Abdullah, Sameer S Birring, Jeffery Bowen, Bianca A. Medina-Leal, Brian Poteet, Maggie Shahrestani, Michael Von Ohlen, Corry Archer-Mcclellan (alternate) Board Members/Commissioners in Attendance Remotely: Yung-ju Kim Board Members/Commissioners Absent: Melissa Hawthorne Vice-Chair Tommy Ates 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 The minutes from the meeting on December 8, 2025, were approved on Board member Jeffery Bowen, Board member Haseeb Abdullah second, on 10-0 Vote. PUBLIC HEARINGS Discussion and action on the following cases Item 2 C15-2025-0026 and Item 3 C15-2025-0027 Applicant requesting postponement to April 13, 2026. 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. Applicant is requesting postponement to April 13, 2026; Board member Maggie Shahrestani’s motion to deny postponement request; Board member Jeffery Bowen second on 7-3 votes (Chair Jessica Cohen, Board members Sameer Birring, Brian Poteet nay); POSTPONEMENT REQUEST IS DENIED. The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to deny; Board member Maggie Shahrestani second on 8-2 votes (Board members Sameer Birring, Brian Poteet nay); DENIED. 3. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM03 ADV PACKET PART1, PART2; PRESENTATION OPPOSITION The …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday March 9, 2026 CASE NUMBER: C15-2026-0003 ___-____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____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) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Luke Caraway OWNER: Yair Cohen Hoshen ADDRESS: 8506 and 8507 Walhill Cove VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the interior yard setback from five feet (5 ft) (required) to one foot (1ft) (requested) in order to complete two residential structures in a “SF-3”, Single-Family zoning district. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postponed to April 13, 2026; Board member Corry Archer- Mcclellan second on 10-0 votes; POSTPONED TO APRIL 13, 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 general to the area in which the property is located because: ITEM02/1 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 forITEM02/2 MAILING ADDRESS 2121 East Sixth Street, Suite 203 Austin, TX 78702 Date:3/27/2026 RE: Engineer’s Summary of Board of Adjustments Variance Request regarding Side Setback in SF-3 Zoning Board of Adjustment Members: The purpose of this request is to allow the amendment of a common property line between 8605 and 8705 Walhill Cove. An amendment of the line would allow the house at 8605 Walhill Cove to have viable off-street access from a previously constructed garage. Our team is requesting that the garage be allowed to have a 1.5’ side setback along one side of the proposed amended lot line. This would be considered a variance to the existing side setback requirements for SF-3 zoning. Please see the following summary below for additional information on why we need the …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday March 9, 2026 CASE NUMBER: C15-2026-0006 ___-____Thomas Ates (D1) __Y_____Bianca A Medina-Leal (D2) __Y_____Jessica Cohen (D3) __Y_____Yung-ju Kim (D4) __-_____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) __Y_____Corry L Archer-mcclellan (Alternate) (M) __-_____Suzanne Valentine (Alternate) (M) __-_____VACANT (Alternate) (M) OWNER/APPLICANT: Cole Stewart ADDRESS: 4301 Manzanillo Drive VARIANCE REQUESTED: The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-899 (Fences as Accessory Uses) to increase the height from six feet (6 ft) (maximum allowed) to eight feet (8 ft.) (requested) along rear property line (southeast) and street side yard property line (northeast), in order to erect a fence in a “SF-2”, Single-Family zoning district. Note: The Land Development Code 25-2-899 Fences as Accessory Uses (A) Except as otherwise provided in this chapter, a fence: (1) is permitted as an accessory use in any zoning district; and (2) must comply with the requirements of this section. (B) In this section: (1) an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and (2) a solid fence is a fence other than an ornamental fence. (C) The height restrictions of this section do not apply to an ornamental fence. (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up. (E) If there is a change in grade of at least one foot measured along any run of a solid fence along a property line, then the portion of the fence where the grade change occurs may be constructed to a maximum height of seven feet. (F) a solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files written consent to the construction of the fence with the building official; and (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child …
ITEM03/15 Board of Adjustment – Variance Application Case No: C15-2026-0006 4301 Manzanillo Drive Austin, Texas Applicant: Cole Stewart Request: Fence Height Variance Land Development Code §25-2-899(D) ITEM03/16 Context Map – Corner Lot Configuration The subject property is a corner lot with frontage on Manzanillo Drive and Eskew Drive. ITEM03/17 Annotated Survey – Fence Segment and Easement Location Annotated survey identifying limited over-height fence segment, drainage easement, and adjacent City-owned utility pole. ITEM03/18 Grade Change Along Fence Line Measurements taken along the fence line indicate a grade drop of approximately 23.75 inches over 86 feet along the side yard and approximately 7.25 inches over 48 feet along the rear yard. The cumulative grade change from the front portion of the side yard to the rear fence line is approximately 31 inches (2.6 feet). Measurements taken at multiple points along the over-height segments indicate the fence height ranges between approximately 91 and 95 inches (7 feet 7 inches to 7 feet 11 inches) from adjacent grade. 86 ft Drop: 23.75 in 48 ft Drop: 7.25 in Total Grade Change: 31 inches (2.6 feet) ITEM03/19 Intersection / ROW Visibility Photo Intersection of Manzanillo Drive and Eskew Drive showing that the fence remains outside the public right-of-way and does not obstruct corner visibility. ITEM03/20
Yard Slope Photo Interior view along the fence line showing stepped fence panels following the downward yard grade from front toward rear. ITEM03/21 Utility Pole City-owned utility pole located adjacent to the fence line as shown on the survey. ITEM03/22 Drainage Easement Drainage easement located behind the property creating an open corridor consistent with the recorded survey. ITEM03/23
BOA SIGN REVIEW COVERSHEET CASE: C16-2026-0003 BOA DATE: Monday, April 13th, 2026 ADDRESS: 321, 311, 323, COUNCIL DISTRICT: 9 325, & 327 W 6th St OWNER: 321W 6th Street Owner, LLC AGENT: Richard T. Suttle Jr ZONING: CBD LEGAL DESCRIPTION: LOT A AMERICAN RESUB NO 1 (TOTAL SQ FT 14944) VARIANCE REQUEST: LDC, Section 25-10-191 (Sign Setback Requirements) (F) decrease the setback from street right-of-way of twelve feet (12 ft.) (minimum allowed) to two feet six inches (2 ft. 6 in.) (requested) (F) (1) to increase height of thirty inches (30 in.) (maximum allowed) to five feet ten inches (5 ft. 10 in.) (requested) (F) (2) to decrease clearance of at least nine feet (9 ft.) (minimum allowed) to zero feet (0 ft.) (requested) SUMMARY: erect a Freestanding sign for an office building ISSUES: maximum 10 ft front yard setback which prohibits a freestanding sign along front of the building ZONING LAND USES Site CBD North CBD South CBD CBD East CBD-CURE-CO West Central Business Central Business Central Business Central Business Central Business-Central Urban Redevelopment 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 West Austin Downtown Alliance Inc. ITEM04/1 March 30, 2026 Kelly Wright 321 W 6th St Austin TX, 78701 Property Description: LOT A AMERICAN RESUB NO 1 (TOTAL SQ FT 14944) Re: C16-2026-0003 Dear Kelly , 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 25-10-191 at address 321 W 6th 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/applications 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 Public Involvement | Real Estate Services 4815 Mueller Blvd Austin, TX 78723 (512) 972-8400 ITEM04/2 Board of Adjustment Sign Variance Application WARNING: Filing …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0001 BOA DATE: Monday, April 13th, 2026 ADDRESS: 2205 Quarry Rd OWNER: John Lohr COUNCIL DISTRICT: 12 AGENT: Samantha Riddell ZONING: SF-3-NP (WANG) LEGAL DESCRIPTION: E 64.5 FT OF LOT 4 BLK 2 WESTFIELD A VARIANCE REQUEST: LDC, Section 25-2-492 (Site Development Regulations) decrease the interior yard setback from 5 feet to 2 ft 3 in SUMMARY: rebuild a detached garage ISSUES: detached garage fire in 2022, critical root zone of heritage & mature trees ZONING LAND USES Site North South East West SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP Single-family Single-family Single-family Single-family Single-family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Preservation Austin Save Barton Creek Assn. TNR BCP – Travis County Natural Resources West Austin Neighborhood Group ITEM05/1 March 30, 2026 Samantha Riddell 2205 Quarry Rd Austin TX, 78703 Property Description: E 64.5 FT OF LOT 4 BLK 2 WESTFIELD A Re: C15-2026-0001 Dear Samantha, Austin Energy (AE) has reviewed your application for the above-mentioned property, requesting that the Board of Adjustment consider a variance(s) from LDC, Section 25-2-492 for address 2205 Quarry Rd. 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/applications 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 Public Involvement | Real Estate Services 4815 Mueller Blvd Austin, TX 78723 (512) 972-8400 ITEM05/2 ITEM05/3 Portion of the City of Austin Land Development Code applicant is seeking a variance from: 25-2-492 Site Development Regulations for an interior side yard setback of 5 ft. to 2 ft 3in. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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 grant …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0009 BOA DATE: Monday, April 13th, 2026 ADDRESS: 9419 E Parmer Ln OWNER: Brar Properties COUNCIL DISTRICT: 1 AGENT: Wylder Conoly, P.E. ZONING: CH-CO LEGAL DESCRIPTION: Resubdivision of Lot 4 of the Resub of Lot 1 of 290 & Parmer BLK A LOT 4A VARIANCE REQUEST: LDC, Section 25-2-492 (Site Development Regulations) decrease interior side yard setback (southeastern property line) from 25 ft to 15 ft. SUMMARY: erect a Tim Horton’s Restaurant with drive-thru service ISSUES: steep 30% slope, existing detention and water quality pond occupying the frontage, and narrow lot width of approx. 100 ft. ZONING CH-CO Site North 2-mi ETJ South CH-CO East CH-CO; DR West PUD LAND USES Commercial Highway Services 2-mi ETJ Commercial Highway Services Commercial Highway Services; Development Reserve Planned Unit Development NEIGHBORHOOD ORGANIZATIONS: Austin Neighborhoods Council City of Manor Friends of Austin Neighborhoods Harris Branch Residential Property Owners Assn. ITEM06/1 March 27, 2026 Mr.. Wylder Conoly 9419 E Parmer Ln Austin TX, 78653 Property Description: Resubdivision of Lot 4 of the Resub of Lot 1 of 290 & Parmer BLK A LOT 4A Re: C15-2026-0009 Dear Wylder, Austin Energy (AE) has reviewed your application for the above-mentioned property, requesting that the Board of Adjustment consider a variance request from LDC, Section 25-2- 492 at 9419 E Parmer Ln. 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.13577740 Ashley Robinson, Planner III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 ITEM06/2 ITEM06/3 Portion of the City of Austin Land Development Code applicant is seeking a variance from: LDC § 25-2-492 (Site Development Regulations) requiring a minimum 25-foot side setback for ____________________________________________________________________________ Commercial Highway (CH) zoned development. ____________________________________________________________________________ Applicant requests a variance to reduce the required 25-foot minimum setback to 15 feet along ____________________________________________________________________________ the southeastern property line in order to construct a 1,400 SF restaurant with drive-through ____________________________________________________________________________ service. 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 …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0010 BOA DATE: Monday, April 13th, 2026 ADDRESS: 4219 & 4201 S 1st St OWNER: Mark A. Macaulay COUNCIL DISTRICT: 3 AGENT: David J. Anderson ZONING: CS-MU-NP (West Congress NP) LEGAL DESCRIPTION: .39 ACR OF BLK 15 FORTVIEW ADDN VARIANCE REQUEST: LDC, Section 25-2-814 (Service Station Use) (3) increase queue lanes from eight [8] vehicle queue lanes to twelve [12] vehicle queue lanes SUMMARY: erect a Service Station ISSUES: limited lot width, required residential compatibility buffer, required stormwater detention and water quality infrastructure, tree preservation requirements. ZONING LAND USES Site General Commercial Services-Mixed Use North CS-MU-NP; GR-MU-CO-NP General Commercial Services-Mixed Use; CS-MU-NP South CS-MU-NP LO-CO-NP East CS-NP West Community Commercial-Mixed Use General Commercial Services Limited Office General Commercial Services NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Friends of Austin Neighborhoods Go Austin Vamos Austin 78745 Homeless Neighborhood Association Oldham Neighborhood Association Onion Creek Homeowners Assoc. Preservation Austin South Austin Neighborhood Alliance (SANA) South Congress Combined Neighborhood Plan Contact Team ITEM07/1 March 30, 2026 Tori Kuntz 4219 S 1st St Austin TX, 78745 Property Description: .39 ACR OF BLK 15 FORTVIEW ADDN Re: C15-2026-0010 Dear Tori, 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 25-2-814 at 4219 and 4201 S 1st. 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/applications 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 Public Involvement | Real Estate Services 4815 Mueller Blvd Austin, TX 78723 (512) 972-8400 ITEM07/2 ITEM07/3 ITEM07/4 ITEM07/5 ITEM07/6 March 3, 2026 To Whom It May Concern: City of Austin Re: 4219 S 1st Street – Board of Adjustment variance application for the approximately 1.5-acre piece of property located at 4201 and 4219 S 1st Street, Austin, TX 78745 (the "Property"). As the record owner of the above-referenced Property, I hereby authorize David J. Anderson at Drenner Group PC, or his …
BOA RECONSIDERATION APPEAL COVERSHEET CASE: C15-2026-0005 BOA DATE: Monday, April 13th, 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 ITEM08/1-APPELLANT CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM07 DATE: Monday March 9, 2026 CASE NUMBER: C15-2026-0005 ___-____Thomas Ates (D1) ___N____Bianca A Medina-Leal (D2) ___N____Jessica Cohen (D3) ___N____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) ___A____Haseeb Abdullah (D6) ABSTAINED ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___N____Michael Von Ohlen (D10) ___N____Jeffery L Bowen (M) ___A____Corry L Archer-mcclellan (Alternate) (M) ABSTAINED ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPELLANT: Peter Journeay-Kaler OWNER: JBD CR HOLDING LLC – Leonid Murashkovskiy ADDRESS: 205 34TH ST VARIANCE REQUESTED: The 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. The appeal alleges that City staff’s decision to approve the permit and related construction plans failed to comply with: (1) applicable zoning regulations, including requirements of the North University Neighborhood Conservation-Neighborhood Plan (NCCD-NP) Combining District (Ordinance No. 040826-58) and/or City Code Chapter 25-2, related to maximum allowable Floor-Area Ratio (FAR); (2) requirements of the International Residential Code (IRC) related to bedroom count, occupancy classification, visitability, and stair tread depth requirements; (3) International Fire Code (IFC) requirements related to minimum required access for fire apparatus; and (4) City Code Section 25-1-82 related to completeness requirements for development applications. ITEM08/2-APPELLANT …
TREE PROTECTION NOTES Definitions: HERITAGE TREE means a tree that has a diameter of 24 inches or more, measured four and one-half feet above natural grade, and is one of the following species: (a)Ash, Texas (b)Cypress, Bald (c)Elm, American (d)Elm, Cedar (e)Madrone, Texas (f)Maple, Bigtooth (g)All Oaks (h)Pecan (i)Walnut, Arizona (j)Walnut, Eastern Black This list of eligible heritage tree species may be supplemented but not reduced, as prescribed by the rule. PROTECTED TREE means a tree with a diameter of 19 inches or more, measured four and one-half feet above natural grade. Measurements: A protected size tree is determined by measuring the tree trunk at 4.5 feet above the ground. This is commonly known as DBH (diameter at breast height). A tree within the Austin city limits is protected once it reaches 19 inches. Diameter = Circumference / 3.1416 and Circumference = Diameter X 3.1416. Silt Fencing: A.Fabric 1.General: The silt fence fabric shall be of nonwoven polypropylene, polyethylene, or polyamide thermoplastic fibers with non- raveling edges. The silt fence fabric shall be non-biodegradable, inert to most soil chemicals, ultraviolet resistant, unaffected by moisture or other weather conditions, and permeable to water while retaining sediment. The silt fence fabric shall be supplied in rolls a minimum of 36 inches (0.9 meters) wide. 2.Physical Requirements: The fabric shall meet the requirements presented in Table 1, when sampled and tested in accordance with the methods indicated herein, on Standard Detail No. 642S-1 and/or on the Drawings. B.Posts: Posts shall be steel Tee or Y-posts, not less than 4 feet (1.22 meters) in length with a minimum weight of 1.25 pounds per foot (1.86 kilograms per meter) with a minimum Brinell Hardness of 143. Hangers shall be adequate to secure the fence and fabric to posts. Posts and anchor plates shall conform to ASTM A-702. Caps are required (*not specifying discretionary criteria). C.Wire Fence: Wire fence shall be welded wire fabric 2 in. x 4 in. 12.5 SWG, wire diameter 0.099 in (± 0.005 in.), and shall conform to Standard Specification Item No. 406, "Reinforcing Steel." Construction Methods: The silt fence fabric shall be securely attached to the posts and the wire support fence with the bottom 12 inches (300 mm) of the material buried in a trench a minimum of 6 inches (150 mm) deep and 6 inches (150 mm) wide to prevent sediment from passing under the fence. When the silt …
ITEM08/1- OPPOSITION ITEM08/2- OPPOSITION 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- ITEM08/3- OPPOSITION ITEM08/4- OPPOSITION ITEM08/5- OPPOSITION ITEM08/6- OPPOSITION ITEM08/7- OPPOSITION ITEM08/8- OPPOSITION ITEM08/9- OPPOSITION ITEM08/10- OPPOSITION
CASE NO. C15-2026-0005 Madam Chair Cohen and Members of the Board of Adjustment City of Austin 301 West 2nd Street Austin, Texas 78701 RESPONDENT’S POSITION STATEMENT IN OPPOSITION TO THE REQUEST FOR RECONSIDERATION TO THE HONORABLE BOARD OF ADJUSTMENT: COMES NOW, JBD CR HOLDING LLC ("Respondent" or "Property Owner"), by and through its undersigned counsel, and files this Position Statement in Opposition to the Request for Reconsideration filed by the opposing party ("Appellant"). Respondent respectfully requests that the Board of Adjustment ("Board" or "BOA") deny the reconsideration request outright and uphold its prior decision to affirm the issuance of Permit No. 2025-140201 PR. I. The Appellant’s Burden and the Strict Standard for Reconsideration Because the Board has already heard and decided this matter in favor of the Respondent, the Appellant's current filing is procedurally governed by the rules for Reconsideration under Article V, Section (F)(4) of the BOA Rules of Procedure. In any standard appeal, the Appellant bears the heavy burden of proving that the administrative official's decision was erroneous. However, in a Request for Reconsideration, that burden is significantly elevated. According to the Board's explicit rules, a request to reconsider must "state how the Board erred in its determination," "state why the action should be reconsidered," and critically, must "be supported by new or clarified evidence." Furthermore, the rules dictate that the Board shall only grant a reconsideration if there was an error in its original determination or "on the basis of new or clarified evidence not presented to the Board at the original hearing that might affect its determination." This means the Appellant has an affirmative duty to conduct new research and provide specific, material facts that were previously unavailable. A reconsideration request is not a venue for a party to simply express disagreement with a ruling or re-litigate the same arguments they already lost. ITEM08/1-PERMIT HOLDER II. Failure to Provide New Information or Meet the Burden of Proof The Appellant has thoroughly failed to meet this strict evidentiary threshold. The current filing provides no newly researched information and introduces no specific, clarifying evidence that was absent from the original hearing. Instead, the Appellant merely recycles the exact same unfounded speculations regarding technical building codes, bedroom counts, and FAR limits that this Board has already reviewed and properly dismissed. As previously established, the Board's jurisdiction is strictly limited to zoning matters, and it does not have the authority …
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 ITEM08/1-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 (“Except as provided in this section, the permitted and conditional uses for …
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 …
BOA Monthly Report July 2025-June 2026 MARCH 9, 2026 Granted 1 1. 25-10-129 (Downtown Sign District Regulations): (F) (2) (a) maximum sign area for a freestanding sign and (G) (1) to exceed sign height for a freestanding sign Postponed 2 1. 25-2-492 (Site Development Regulations) from setback requirements to decrease the interior yard setback 2. 25-2-899 (Fences as Accessory Uses) to increase the height Withdrawn Denied 0 3 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 3. The 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 Discussion Items 1 MAR 2026 Interpretations MAR 2026 BAAP 0 new inquiries 0 (Added MAR 9# 2026) The deposition of the case items: Granted Postponed Withdrawn Denied Discussion Items 9 16 0 5 9 Board members absent: Melissa Hawthorne Vice Chair, Tommy Ates, Suzanne Valentine (unavailable) (1 vacant alternate position) 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 4. 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length 5. 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 …
