ITEM01 DRAFT MINUTES FOR OCT13, 2025 — original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, October 13, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, October 13, 2025, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:45 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne-Vice Chair, Haseeb Abdullah, Jeffery Bowen, Brian Poteet, Maggie Shahrestani, Corry L Archer-Mcclellan (Alternate) Board Members/Commissioners in Attendance Remotely: Thomas Ates, Sameer S Birring, Yung-ju Kim, Bianca A. Medina-Leal Board Members absent: Michael Von Ohlen, Suzanne Valentine (unavailable) PUBLIC COMMUNICATION: GENERAL The first (4) four speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. NONE APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment meetings on September 8, 2025. On-Line Link: Draft Minutes for September 8, 2025 The minutes from the meeting on September 8, 2025, were approved on Vice Chair Melissa Hawthorne, Board member Brian Poteet second, on 10-0-1 Vote (Board member Haseeb Abdullah abstained). PUBLIC HEARINGS Discussion and action on the following cases. New Interpretation case: 2. C15-2025-0035 Bob Kaler and Carol Journeay (Appellant) Kateryna Luschchenko (Owner) 205 E. 34th Street On-Line Link: ITEM02 APPELLANT-ADV PACKET PART1, APPELLANT-PART2, ITEM02 PERMIT HOLDER- ADV PACKET, ITEM02 STAFF REPORT, APPELLANT PRESENTATION, PERMIT HOLDER PRESENTATION PART1, PART2, PART3, PART4 The appellant has filed an appeal challenging the approval of a building permit (BP No. 2025-072930) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street, Austin, TX 78705. The appeal alleges that City staff’s decision to approve the permit failed to comply with applicable zoning regulations, including requirements of the North University Neighborhood Conservation-Neighborhood Plan (NCCD-NP) Combining District (Ordinance No. 040826-58) and/or Chapter 25-2 relating to required setbacks, limits on gross floor area, and other site development standards, as well as requirements for development applications in 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 single- 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. 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.  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. 1. apply. Part 7 RESIDENTIAL DISTRICT. The Residential District is intended to protect the original buildings and development Site Development standards table. Except as otherwise modified in this part, the following site development regulations  Footnote **a new principal structure must be at least 10 feet from a principal structure on an adjacent lot. Land Development Code, 25-1-82 Non-Subdivision Application Requirements and Expiration  This section does not apply to an application for preliminary plan, plat, or subdivision construction plan. (A) The responsible director may adopt rules establishing the requirements for an application, including timelines for completing staff review and deadlines by which an application must be updated to meet the requirements of this title and other applicable regulations. The rules adopted must be consistent with the timelines for action established in Section 25-1-64 (Action on an Application; Deadline). (B) The responsible director or building official may permit an applicant to omit required information from an application that the responsible director or building official determines is not material to a decision on the application. An applicant who disagrees with a determination under this subsection may appeal the decision to the city manager. (C) Except as otherwise provided for in this section, the director is authorized to certify a site plan application if it complies with this subsection. (1) An application is complete after the applicant pays the required fee and provides the information required to be included in the application no later than the 45th day after the application is submitted. (2) If the director rejects an application as incomplete, the director shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The director must provide the written explanation within 10 working days after the application is received. (3) An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit additional information and correct any deficiencies at any time before the 45th day after the application was submitted. (4) A certification that the site plan application is administratively complete is valid for 45 days after the certification has been issued. (D) The director is authorized to review a site plan application if the applicant pays the required fee and the site plan application has a valid certification of completeness. If the application has not yet been certified, the certification is no longer valid, or the submitted site plan does not match the certified materials, the director may not review the application but shall provide the applicant a written explanation that identifies the deficiencies within 10 working days after application is received. (E) The responsible director or building official may not accept a building or demolition permit application described in Chapter 25-11, Article 2 (Building and Demolition Permits) unless the application is determined to be complete in accordance with this subsection. (1) The responsible director or building official shall accept an application as complete if the applicant has paid the required fee and provided the information required to be included in the application no later than the 45th day after the application is submitted. (2) If the responsible director or building official rejects an application as incomplete, the responsible director or building official shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The responsible director or building official must provide the written explanation within 10 working days after the application is received. (3) An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit an update to provide additional information and to correct deficiencies at any time before the application expires. (F) An application for a site plan expires one year after the application is submitted unless: (1) the application has been approved; or (2) the director has granted additional days for the applicant to submit an update under Section 25-1-90(A) (Extension of Update Deadline). (G) If the director grants additional days to the applicant under Subsection (F)(2), then the expiration date of the application is extended by the number of days granted. (H) Applications subject to Section 25-1-712 (Tenant Notification Required). (1) The responsible director may not certify a site plan application as complete until the applicant has paid the required fee, provided the information required to be included, and complied with the notification requirements or the required number of days lapse. (2) The responsible director or building official may not accept an application as complete until the applicant has paid the required fee, provided the information required to be included, and complied with the notification requirements or the required number of days lapse. (3) If, at the time an application is submitted, a multi-family property is unoccupied but was occupied within the previous 120 days, the application will be rejected as incomplete. (4) If, at the time an application is submitted, a mobile home park is unoccupied but was occupied within the previous 270 days, the application will be rejected as incomplete. Source: Section 13-1-31; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. No. 20140612-084, Pt. 6, 6-23-14; Ord. No. 20160421-039, Pt. 3, 5-2-16; Ord. No. 20160901-050, Pt. 6, 9-12-16; Ord. No. 20190822-117, Pt. 6, 9-1-19; Ord. No. 20230831-141, Pt. 8, 9-11-23; Ord. No. 20230831-103, Pt. 1, 9-11-23. The public hearing was closed by Chair Jessica Cohen, Board member Corry Archer- Mcclellan’s motion to approve appeal; Vice Chair Melissa Hawthorne second on 11-0 votes. APPEAL GRANTED- The Board of Adjustment finds that the plan set for Permit No. 2025-072930 PR does not demonstrate compliance with all relevant regulations Specifically: 1) The staff determination for the number of units of three (3) is incorrect. 2) The approved plans do not meet the criteria for front yard and side yard setback requirements per the NCCD 3) The approved plans do not meet the criteria for FAR requirements under the gross floor area definition of attic in 25-2-773 (E)(1)(b). The Board of Adjustment determines that: 1) The number of units shown in the design should be interpreted as greater than three (3). 2) The average front yard setback should have been calculated from the four (4) adjacent properties on the same side of the street. The average side yard separation should be calculated per the nccd. 3) The approved plans should meet the criteria for FAR requirements under the gross floor area definition of attic in 25-2-773 (E)(1)(b). The definition of floor in 25-2-773 (E)(1)(b) is not limited to whether the floor is load-bearing or not New Variance cases: 3. C15-2025-0036 Joshua Myers 12302 Split Rail Parkway On-Line Link: ITEM03 ADV PACKET PART1, PART2, PRESENTATION The applicant is requesting the following variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the front yard setback from 25 feet (required) to 5 feet (requested) in order to maintain a Carport in a “SF-2”, Single-Family zoning district. APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025 BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS Previous Postponed Sign cases: 4. C16-2025-0005 Jonathan Perlstein for Elizabeth McFarland 4700 Weidemar Lane On-Line Link: ITEM04 ADV PACKET PART1, PART2, PART3, NO PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-127 (Multi-Family Residential Sign District Regulations): (E) (2) (a) to exceed total sign area of 35 square feet (maximum allowed) to 192 square feet (requested) (facing south on building extension, not directly facing Weidemar Ln) (E) (2) (a) to exceed total sign area of 35 feet (maximum allowed) to 96 square feet (requested)   for Halo signs in order to provide signage for Alexian St. Elmo in a “MF-6-CO-NP”, Multi-Family – Conditional Overlay - Neighborhood Plan zoning district. (East Congress Neighborhood Plan), Multi-Family Residential Sign District. This subsection applies to a multifamily residential sign district: For signs other than freestanding signs, the total sign area for a lot may not exceed the lesser of: 0.5 square feet for each linear foot of street frontage; or 35 square feet. Land Development Code Section 25-10-127 Multi-Family Residential Sign District Regulations (A) (E) (1) (2) Source: Section 13-2-867; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 11, 8-28-17. APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025 Madam Chair Cohen motions to approve postponement request, Board member Jeffery Bowen second, no objection; POSTPONED TO November 10, 2025. Previous Postponed cases: 5. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road On-Line Link: ITEM05 ADV PACKET PART1, PART2, PRESENTATION The applicant has requested variance(s) from the Land Development Code, Section 25-2- 1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. A dock or similar structure must comply with the requirements of this subsection. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) (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 REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025 BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS 6. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM06 ADV PACKET PART1, PART2, PRESENTATION The applicant has requested variance(s) from the Land Development Code, Section 25-2- 1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to forty-six feet and one inch (46’ 1”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. A dock or similar structure must comply with the requirements of this subsection. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) (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 REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025 BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS DISCUSSION ITEMS 7. Discussion of the September 8, 2025, Board of Adjustment activity report On-Line Link: ITEM07 September 8, 2025-MONTHLY REPORT DISCUSSED DISCUSSION AND ACTION ITEMS 8. Discussion and possible action for adopting meeting dates for Jan. 2026-Dec. 2026 On-Line Link: Item 8 Vice Chair Melissa Hawthorne motion to approve the meeting dates for 2026 (2nd Monday of the Month) at 301 W. 2nd Street, Council Chambers Room 1001; January 12, February 9, March 9, April 13, May 11, June 8, July 13, August 10, September 14, October 12, November 9, and December 14, Board member Corry L. Archer-Mcclellan second, on 11-0 Vote. FUTURE AGENDA ITEMS AND ANNOUNCEMENTS ADJOURNMENT 10:26 PM The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 business days before the meeting date. Please call the Board Liaison Elaine Ramirez, Development Services Department at 512-974-2202 or email elaine.ramirez@austintexas.gov or the Board Secretary Diana Ramirez, Development Services Department at 512-974-2241 or email diana.ramirez@austintexas.gov , for additional information; TTY users route through Relay Texas at 711. For more information on the Board of Adjustment, please contact Board Liaison’s Elaine Ramirez, Development Services Department at 512-974-2202/elaine.ramirez@austintexas.gov