ITEM02 C15-2025-0035 ADV PACKET PART1_OCT13_APPELLANT — original pdf

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BOA INTERPRETATION APPEAL COVERSHEET CASE: C15-2025-0035 BOA DATE: Monday, October 13th, 2025 ADDRESS: 205 E 34th St COUNCIL DISTRICT: 9 APPELLANT: Carol Journeay & PERMIT HOLDER/OWNER: Kateryna Lushchenko Bob Kaler ZONING: SF-3-NCCD-NP (NUNA) LEGAL DESCRIPTION: LOT 3 BLK 19 DIV D HARRIS SIDON RESUB OF GROOMS ADDN APPEAL REQUEST: appellant has filed an appeal challenging the approval of a building permit (BP No. 2025- 072930) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street. SUMMARY: any proposed development must comply with the provisions of the NCCD ISSUES: application is incomplete, and the plan set does not contain the information necessary to demonstrate full compliance with relevant regulations. ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council CANPAC Friends of Austin Neighborhoods Homeless Neighborhood Association North University Neighborhood Association North University Neighborhood Development Review Committee Preservation Austin ITEM02/1-APPELLANTSeptember 25, 2025 Carol Journeay 205 E 34th St Austin TX, 78705 Property Description: LOT 3 BLK 19 DIV D HARRIS SIDON RESUB OF GROOMS ADDN Re: C15-2025-0035 Dear Carol Journeay, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC, Section 25-1-182 at 205 E 34th St Ln. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1.10.0CL SARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashley Robinson, Project Assistant Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 ITEM02/2-APPELLANTITEM02/3-APPELLANTDevelopment Services Department interpretation is: That the application No. 2025-072930 set for Permit for Permit No. 2025-072930 compliance PR was complete, that with all relevant the plan set for Permit and that the plan regulations, PR demonstrated No. 2025-072930 PR complies with all relevant regulations. I feel the correct interpretation is: That the application No. 2025-072930 the plan set for Permit No. 2025-072930 PR does not demonstrate for Permit No. 2025-072930 PR was incomplete, with all relevant that the plan set for Permit regulations, compliance and that regulations. PR does not comply with all relevant Section 2: Findings The Board must determine described findings Failure part of your application. Please attach any additional below. the existence of, sufficiency Therefore, you must complete of and weight of evidence each of the applicable supporting the findings statements as incomplete. as to do so may result in your application being rejected supporting documents. 1 . There is a reasonable or map in that: regulations doubt of difference of interpretation as to the specific intent of the The application necessary the attached cover letter. is demonstrably incomplete and the plan set does not contain the information to demonstrate full compliance with relevant regulations, as described more fully in 2.An appeal of use provisions enumerated for the various permit could clearly zones and with the objectives with the uses of the zone in question a use which is in character because: The appeal requests with relevant regulations, as described more fully only that the application and plan set in question in the attached cover letter. demonstrate compliance 3.The interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated in that: The appeal ensures requiring described fairness the plan set to demonstrate more fully In the attached by requiring full compliance cover letter. and equity a complete with all applicable application package regulations, as and City of Austin I Board of Adjustment Interpretations Application 6/24/20 I Page 3 of 5 ITEM02/4-APPELLANTITEM02/5-APPELLANTITEM02/6-APPELLANTITEM02/7-APPELLANTITEM02/8-APPELLANTAttachment A -Ordinance No. 040826-58 Excerpt Regarding Front Setback 3.Street yard setbacks. a.Front yard setback .. The minimum front yard setbacks of the principal street more than five feet. front yard setback equals family buildings single may not eXcceed The maximum setback of the on the same side of the the average setback the average of a block. by Attachment B -Application Excerpt Regarding Setback Averaging Setbacks Arc any e tisti11g Does any structure Is front yard setback averaging being utilized (or an clement of a structure) structures on this site a non-compliat structure based on a yard .setback requirement? <:Xtend over or beyond a requiTed yard? (LDC on this property? (LDC25-2.SubthaptcrP.§ i.3•or § 25-2-778) ■ Y ::-J N 25-2-513) ■ N �LOC § 25-2-492) � Y ■ N ITEM02/9-APPELLANTAttachment C -Single-Family Buildings on Block 201 E. 34th St. -TCAD Parcel Information Excerpt General Info C-0,,,f,ed Status: ACCOUNT OWNER UNT 1 3-4n-t & HB.MS CONOOMlNIUMS PLUS $0.0 % INT IN COM AREA % owntrship: 100.000000 % HARRIS RICHARD & MELINDA F S.condary Nilme: % HARRIS RJCHARO & MELINDA REVOCABLE TRUST Mailing Add.rvss: 3309 HELMS ST AUSTIN TX 78705-2425 OWnerlD: 203969J Exemptions: HS-MomHt.ad Sbte Code: A4 Homoste.l4AUdit: Parc:1!I Geometry NotAvattable. Using Location Address. Property to: Agent Geographic ID: 02180C2802 l\'pe: Tu Office ID: 02110428020000 �·· Description: R Pro�nyuu: 0 V!Ow Aporaisal Nollce LOCATION Addre-u: 201 E3'. ST1, TX 78705 Market Area: Mar1(et Arn CD: Z407C Map ID: 021801 PROTEST INFORMATION Protest Sl3tus: Informal Oat•: F�I He3f'lng oat• & Time: Improvement l�ent 111· 1 FAM DWallNG S!ateC<lce:M ,, .. oucnpuon 1ST 1s1 F1oor 1/2 Half floor 522 FIREPLACE lmprovement. Vatue: $574,454 Oescnpbon: 1 fMt D\"-IELLING MalnArea.: l,898sqn Gross BuddngATea: 4,023 sqft Class CO Nwnb+rol Units EFF"Yfft'8Utll VHrBuilt SQTT R4 RA R4 1926 1926 1,268 2007 2007 630 1926 1926 095 HVAC RESIDENTIAL RA 1926 1926 1,898 512 DECK UNCOVREO 512 DECK UNCOVRED 011 PORCH OPEN 1 ST F 251 BATHROOM Improvement Features R4 R4 RA R4 1926 1'926 110 1926 1926 60 1926 1926 1926 1926 54 2 1n Floor Factor: 1/2 Shape Factor: R Grade r=actor. A 1 ST Floor factoc: 1ST Shape Factor: R Roof Cover1ng: COMPOSmON SHINGLE Roof Style: HIP Grade F8ctor: A Found al ion: PfER ANO tlEAM lrfl)ro\'emenl#2 GARAGE APARTMENT State COde M l�ovement value: s 185,657 DesalpOOrr GARAGE APARTMENT M3tfl Area. 440 sq1l Gross Buik1nQArea: 882 SQfl Type O.,C rtpoon 2ND 2nd Floor 041 GARAGEATTlSTr: 413 STAIRWAY EXT 251 BATHROOM lmpro�e-mPOt Fe.ttu�s R5 R5 A RS 2ND Shape Factor. A Roof covering: COMPOSfTION SU,INCI..E Ex:ierlorW.11 Number of units E:FFYHrBl.nlt SOFT 1946 1946 1946 440 1946 440 1946 1946 1946 1946 Roof Slyle: HIP Grade i:-acw,: A R>undation: Pfl:R AHO BEAU i::aoo, i::sctor: 2ND ITEM02/10-APPELLANTITEM02/11-APPELLANTITEM02/12-APPELLANTITEM02/13-APPELLANTAttachment D -Application Excerpt Regarding Setback Averaging Setback Ai·oaging ff using setback existing Companliil.ity Standards, 2.3. Section averaging, front yard sclbacks identilied one copy of the Contextual Site Plan showing -for front yard srtb&:k averaging per the provisions four adjacent of Subchapler F, Residential Desig n an.d properties with location of existing buildings and Surveys must be provided line. by a Texas-registered professional land surveyor showig existing buildings and their dist,incc from the front lot Attached E -Ordinance No. 040826-58 Excerpt Regarding FAR Requirements DISTRICT. and development PART 7. RESIDENTIAL buildings original residential use. Single built in the context should alld parking patterns family homes and some development building of the traditional patterns traditional including location. respect The Residential of the neighborhood District the to protect is intended that were estab.lished for structures were development New residential setbacks height, of the older multi-family orientation, scale, patterns. 1.Site development standards site deve)opment following regulations apply. table. Except as otherwise modified m this part, the RESIDENTIAL DISTRICT S1T£ DEVELOPMENT SF-21S f-3 MF-l MF-.? MF-3 fhn.1 XO STANDARDS Miri. lot si« 5750* Min. lot width l 50* so• 50• -- • SQ• 575(1"' • 50% MF-6 8000* 8000* 80(11)• Mti.-;. FAR Dupl�x 0.4: l 0.5;) 0.5:1 0.5:l 0.35:l Max. buiJdi1� coverage •40% 45% 50% 55% 35% ITEM02/14-APPELLANTAttached F -Application Excerpt Regarding FAR Requirements Requirements Applicable within the Subchapter f' Bo11Ddary (LDC Chap ter .25-2, Subdlapte.r- F § I�.l) Single-Family Residential This section is only required for single-famJl 25-2. Subchapter walls. F (§ 12.1 ). The Gross Floor Area of each floor is measured as the area contained located within the_ boundaries I Grim Floor Area y residential projects within defined and illustrated. in LDC Chapter the outside edge of !he exterior Existing sq. ft. to remain sq. ft. New/Added Proposed Exemption { check rutick utilized) Exemption sq. ft. Applred Total sq. ft. J" Floor 2nd Floor 3"' Floor 2,654.00 3,046.00 Area w/ ceilings> 15' Must follow article 3.3.5 Ground Floor Porch1 (cheek Basernrnt 4 article uu1iz,ed) Q Full l'orch sq. ft. (3.3.3.A) 0 200sq. ft.(3.3.3A Must rollowarucle see �ote. �low 3.3.3B, 2) Attics Attached Oaragc2 {check article utilized} Detached Caiport2: (check article utilized) Detached Attached Accessory Building(s) (cremched) Must follow iu1icle 33.JC. see note below rJ 100 sq. ft. (3.12 BI) CJ 450 sq. f. (J.3.2 A l /2a) D 200 sq. fL (3.32 B 2a / 2b) Q 450 SlJ. f. (33.2 A 3) 0 200 sq. fl. (3.3 ' B 1)3 D 450 sq. ft. (33.2 A I} 2,654.00 3,046.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totals 0.00 5,700.00 TOTAL GROSS FLOOR AREA 5,700.00 (Total Gross Floor Area -e-Lot Area)x 100= 64.00 Floor-To-Area Ratio (FAR) 1s a sidewall (Yes. if: a wall. articulation orhigh<!r, 15' tall required for this project'! ._] y ■N Docs any (lf Yes, indicate opplicable portion of the structure .eetion ex1cnd bey ond a setback ofSubcbaprer F and lenE(Ul c.-.;hibit plane/exemption uie drawings.) ofnro1.rusiOI\ on (aka ·'tent'')? ,- <- y ■N wi1hin 9 feet of a side property lhi..-c.xt�ds further than 36 feet in length per articte2.7.I) Attachment G -Application Excerpt Regarding Proposed Use .. Work Dc$cription. o[ - . . .. Is Total New/Added Building Area> 5,000 sq. FL ?1 y ■N (lfycs:. i Project Type ; ■ new construction 7addition fa stmg Use. ..JVacant .s g liuni y residenlial I _ small lot single-family Proposed Use; _ vncant .J single-family in le• ·1 . of uses. so., LDC § 25·2-3) (For descriptions residential 115c _ small 101 singk:-fumilyresidential residential use _ duplex 7 other: du I rcsid • I cntla ■ pex LJ other: construction material re cycling is required per LDC §25•1 I •39) 7addition!remodcl r ather. .vo-unit residential L res idcntial "threc..unit. residential cJ two-uoit residential ■ three-unit residential ITEM02/15-APPELLANTAttachment Excerpt H -Application Regarding Incomplete Section . Applkable to Duplexes, Two-Unit Residential and Three-Unit Residential Requirements- !Duplexes, ResidentiaL Two-Unit This section is only required established in LDC Chapter area of aU floors in a building Gross Floor Area+ Lot Area) x 100 w (Tbtal Gross Floor Area• Lot Area) x 100 • (Total (Tomi Gross Floor A.tea • Lbt Area) x 100 • {Toto.I Gross Floor Area+ Lot Area) x 100 • floor Area+ Lot Area) x I 00 • (Total Gross (Tota.I Gross Floor Area •Lot Area) x 100 • (Tom! Gross Floor Area+ Lot Area) x 100 • Duplexes, Two-Unit Per LDC § 25-2-773(F). Bonus. Please consult Are you requesung •Gross Floor Area proposed for Presen-ation, lO utilize the and T hre�Unit for residential 2'.'.i-2, Subchap1er F § 1.2.1 , I Gross Floor Area two-unitesidcntial, ResidentiaJ duplex, witb a clear height and three-unit within located projects residential the boun dar ies Gross Floor Arca for these uses is the toial enclosed surface of the exterior 10 the outside Ratio (FAR) for Building Ratio (FAR) for Building Rario (FAR) ror Bllildiog 3 {if applicable) walls. 1 2 Per LDC § 25-2-773(E), of more than six feet, measured (A) Floor-To-Arca (B) Floor-To-Area IC) Floor-To-�.a (A+B+C') Floor-To-Area (A+B) Floor-To-Area (A+C) Floor-To-Area (B+C) Floor-To-Area Ratio (FAR) for entire site I & 2 Ratio {FAR) fot Buildings 1 & 3 (ifapplic-able) Ratio (FAR) for Bulldings 2 & 3 {if applicable) Ratio (FAR) for Buildings Residential, exemptioru; from Gross Floor Area may be available and Three-Unit Residential I Gross floor A,,ea Exemptions where ex.isimg structures with smff for information on requirements and eligibility for using tbe Preservation Bonus. Preservation Bonus? ""] v• 7 N which mus1 have been_legitlly pertnitr.ed at lenst 20 years prior ro the date of applieatioo: are pteser1•ed tho ugh use of the Preservation lcontact Information IOv.na- Kateryna lushchenko 1/\pplicant/Agent Owner Mailing Address_ 3606 highland view drive, {Mailing Austin 187 Address Phone (512)228-2555 IPl10nc Email kate.juschenko@gmaif .com !Email General Contractor Kateryna lushchenko Design. Professional view drive, Austin 787 Mru1iug Address 205 e 34. Austin Anna Hendrix Mailing Address 3606 highland Phone (512} 228-2555 kate.juschenko@gmail.com Email Phone Email anna.hendrix.re@gmajl.com Attachment I -Ordinance No. 040826-58 Excerpt Regarding Side Setback RESIDENTIAi; DISTRICT SITE DEVEWPMF.NT STANDARDS SF-2/SF.J MF-I MF-2 MF-3 thru NO MF-6 Max. irnpesvious cov« 4S,'o 55% 6�� 65% 60¾ Ma." hdght (Stt Hciwit Map-Exhibit -0) Min. fronl sctbaok ($«> Part 6. General -Provlsl011$) Max. front s,;tbai:k ($« Part 6. Gc:neral Provi�ions) Mi11.. strm sid� )':11'<1 setlxlck (Sec Pnrt 6. OcncraJ Provisions) Min. int(riot side yanl �1back s•n Min. rear -.eroock -prlnrJpal 1o•wo muclure •Ste P;irt 6. Subscaions 5 &. 6 (Gcnenil Provisi(ms) s·u s··· ;1-i,� ... s·•� 10' ••• 10' .... 10· ••• JO" ••• ... ••A n�w principal structun: tnll$t be nt k-1$1 Io· from a princip:il srructure on an adj.ic-cni let �--For a fhr""Sh l<it Cit.: r,.-a, :<etb,,ck i.s l:'I' ---- ITEM02/16-APPELLANTITEM02/17-APPELLANTAttachment K – Survey Showing Setback at Adjacent Property (203 E 34th St.) ITEM02/18-APPELLANT Addendum 1 for BOA Appeal Case C1-2025-0035 This addendum provides the site plan of the proposed project at 205 E 34th St and is being included with the appeal paper work in relation to the appeal’s assertion that the plan set does not demonstrate compliance with setback requirements and inclusion of information needed for a complete application. • Part 6, Section 3.a. of Ordinance No. 040826-58 requires a minimum front yard setback that "equals the average of the front yard setbacks of the principal single family buildings on the same side of the street of a block" (Attachment A). The 205 E 34th site plan (Attachment L) does not include the front setbacks of the 201 or 203 E 34th St and these setback are not included in any other part of the plan set. • In addition, while 205 E 34th site plan notes the interior side setbacks of the proposed BLDG 1 and BGLD 2 it does not identify the interior side setbacks of the buildings at 203 or 207 E 34th St and no part of the plan set or application indicates how the project meets the Part 7, Section 1 of the ordinance No. 040826-58 (Attachment I) specifies that "a new principal structure must be at least 10' from a principal structure on an adjacent lot". They surveys of 203 E 34th ST. (Attachment J) and 207 E 34th St. (Attachment K) in combination with the 205 E 34th site plan clearly show the that the 10' requirement is violated by BLGD 1, which sit 8’5” from a primary structure at 207 E 34th and by BLDG 2, which would sit 9’2”from a primary structure at 203 E 34th St. • Finally the 205 E 34th site plan has incorrect sizing and locations for the buildings at 203 and 207 E 34th St. and omits and misrepresents key information required to demonstrate compliance with Ordinance No. 040826-58. 1 ITEM02/19-APPELLANT Attachment (L)- Site Plan Showing Setbacks at 205 E 34th St. 2 ITEM02/20-APPELLANT Addendum 2 for BOA Appeal Case C1-2025-0035 This addendum provides photographic documentation of buildings on lots zoned SF-3- NCCD-NP within the NCCD Residential District defined by Ordinance No. 040826-58. These examples establish the “traditional development patterns” referenced in Part 7 of the NCCD: “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.” This documentation demonstrates that new construction at 205 E 34th St (which is zoned SF-3-NCCD-NP) must be evaluated against these traditional SF-3-NCCD-NP patterns. The addendum also includes the elevations of the two proposed buildings at 205 E 34th St. These clearly illustrate that, beyond violations of setbacks and FAR requirements defined in Ordinance No. 040826-58, the proposed project fails to comply with the NCCD’s general intent. Specifically, the scale, massing, and configuration of the project are inconsistent with the traditional patterns the NCCD explicitly requires new residential development to respect. 1 ITEM02/21-APPELLANT 201 E 34th St 2 ITEM02/22-APPELLANT 203 E 34th ST 3 ITEM02/23-APPELLANT 205 E 34th St: Proposed Building 1 Front Elevation Facing North 4 ITEM02/24-APPELLANT 205 E 34th St: Proposed Building 1 Side Elevation Facing West 5 ITEM02/25-APPELLANT 207 E 34th St 6 ITEM02/26-APPELLANT