ITEM09 C15-2025-0035 LATE BACKUP NOV10 OPP — original pdf

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November 3, 2025 Re: Letter Opposing Reconsideration C15-2025-0035 Dear Members of the Board of Adjustment, We oppose the reconsideration request submitted by the permit holder for Case C15- 2025-0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. We are the owners of 308 E 34th St, which is within 500 feet of 205 E 34th St, and 310 E. 34th Street. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (effectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post- hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Terry McGinty and Leon Barish 308 and 310 E 34th Street Austin, TX 78705 Emails: BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/1-LATE BACKUP OPPDear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025- 0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. My wife and I own and live at 209 E 34th St, “two doors down” from 205 E 34th St (and within 500 feet). The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (effectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post- hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Michael Riley Address: 209 E 34th St, Austin, TX 78705 Email: BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/2-LATE BACKUP OPPDEPARTMENT OF ENGLISH THE UNIVERSITY OF TEXAS AT AUSTIN 204 W 21st Street B5000 • Austin, TX 78712 (512) 471-4991 • Fax: (512) 471 4909 November 3, 2025 Dear Members of the Board of Adjustment, I'm writing to oppose the reconsideration request submitted by the permit holder for Case C15-2025-0035 (205 E 34th St). I support the Board's October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler, and I'm asking that you deny this reconsideration request and let your prior decision stand. I'm the property owner and utility account holder at 203 E 34th Street, which puts me well within 500 feet of the property in question. Your October 13 decision was unanimous. It came after extensive public testimony and hours of deliberation. You got it right the first time when you determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (it's effectively four units, not three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. Here's the thing: the reconsideration request doesn't present any new evidence or show procedural error. Making design changes after the hearing doesn't constitute valid grounds for reconsideration. The permit holder's proper next step is to submit a new, compliant application that's consistent with your ruling—not to ask you to overturn a unanimous and well-reasoned decision. Please deny this reconsideration and maintain your October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Frederick Luis Aldama, The Jacob & Frances Sanger Mossiker Chair in the Humanities, UT Austin Address: 203 34th Street, Austin TX 78705 Email: BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/3-LATE BACKUP OPP Dear Members of the Board of Adjustment: I support the appeal C15-2025-0035. I am the [property owner / utility account holder] at [your address], which is within 500 feet of 205 E 34th St. The application for 205 E 34th St raises multiple compliance issues under the North University NCCD-NP and the Land Development Code. I therefore strongly support the appeal for the following reasons: 1) NCCD purpose
 The North University NCCD-NP was adopted by City Council to “protect the original buildings and development patterns of the neighborhood,” and it states that “New residential development should respect traditional patterns.” The proposed project does not respect those patterns. 2) Non-compliance with NCCD standards and incomplete application
 The submittal does not demonstrate compliance with key NCCD requirements, including at minimum:
 • Front-setback averaging
 • Principal-to-principal side setbacks (10′)
 • FAR limit (0.40)
 • Height limit (30′)
 The application also contains errors and omissions, preventing reviewers and the public from verifying compliance from the plan set as submitted. 3) NCCD controls where it differs from base code and other ordinances.
 Sitting Council Members have publicly stated that when an NCCD contains a provision that differs from base zoning, the NCCD controls (see Council Member Zo Qadri, May 6, 2024, Hyde Park Neighborhood Association). The BOA has likewise held that more- restrictive NCCD provisions supersede conflicting code sections (C15-2021-0009). City staff should enforce the NCCD and require a complete, compliant submittal before approval. 4) HOME three-unit standards and unit count concerns.
 Separately, the project does not meet three-unit residential standards under §25-2-773 (HOME). In particular, the FAR of the project appears to be 0.92 well over the 0.65 cap for three units. In addition, the approved plans enable construction of a four-unit project. The rear “one-unit” building is identical to the front two-unit building and could easily be built as two units. Four units are not permitted on SF-3 lots. 5) Process and transparency.
 Several neighbors did not receive the required demolition notice. Registered interested parties requested meetings with staff at the start of the application but were told staff ITEM09/4-LATE BACKUP OPPITEM09/5-LATE BACKUP OPPDear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025- 0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. I am the property owner at 301 E 35th Street Austin Texas 78705, which is within 500 feet of 205 E 34th St. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (effectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post- hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Douglas M Plummer Address: 301 E 35th Street Austin Texas 78705 Email: d BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/6-LATE BACKUP OPP Dear Members of the Board of Adjustment, We oppose the reconsideration request submitted by the permit holder for Case C15-2025-0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. We are the property owners at 3306 Grooms Street, which is within 500 feet of 205 E 34th St. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St:
 • Exceeds the allowed number of units (effectively four units rather than three);
 • Fails to meet required front and side setbacks under the North University NCCD; and
 • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post-hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely,
 Brian & Laura Aldred and Molly Aldred
 Address: 3306 Grooms Street Email: BOA Case #: C15-2025-0035
 Case Address: 205 E 34th St, Austin, TX 78705
 Hearing Date: November 10, 2025 ITEM09/7-LATE BACKUP OPPDear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025- 0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. I am the property owner at 1101 W. 34th St, # 206, Austin, TX 78705, which is within 500 feet of 205 E 34th St. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (effectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post- hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Michelle Mace Address: 1101 W. 34th St, # 206, Austin, TX 78664 Email: BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/8-LATE BACKUP OPP ITEM09/9-LATE BACKUP OPPDear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025-0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask the Board to deny the reconsideration request and allow the prior decision to stand. I am a property owner on 33rd Street, but not within 500 feet of 205 E 34 th. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units • Fails to meet required front and side setbacks un the North University NCCS; and • Exceeds the allow floor-area ratio (FAR) under PP25-2-773 I would also comment that I’ve seen no evidence that no parking requirements on Central Austin properties nor the ready availability of Uber-like services have resulted in fewer cars being owned and parked on the streets. It is difficult to drive a ordinary car through those streets, let alone a fire truck or garbage truck. Janet Beinke 207 W 33rd St Austin, TX 78705 ITEM09/10-LATE BACKUP OPP Nov 6 2025 To the Members of the Board of Adjustment, I would like to express my opposition to the Board reconsidering the submission by the permit holder for Case C15-2025-0035 (205 E 34th St.) I support the Board’s October 13 decision granting the appeal filed by Robert Kaler & Carol Journeay. I respectfully ask the Board to deny the reconsideration request and allow the prior decision to stand. I am a property owner and resident in the North University Neighborhood of which 205 E 34th St. is a part. The property in question is covered under the North University's NCCS. The October 13 decision was made unanimously. There was much public testimony and several hours of deliberation after which it was decided that proposed project at 205 E 34th St:  Exceeds the allowed number of units  Fails to meet required front and side setbacks and other aspects in the North University NCCS; and  Exceeds the allowable floor-area ratio (FAR) under PP25-2-773 It is my understanding that not only failing to abide by the Board's decision; the permit holder has modified the submission for reconsideration to comply even less with the North University NCCS than previously submitted. In addition, there is no allowance for any parking in an area already hard pressed to accommodate the number of vehicles regularly present although I understand this may not be something the board needs to consider. For these reasons, I respectfully ask and hope that the Board will allow their previous decision to stand. Michael R Marcom ITEM09/11-LATE BACKUP OPP ITEM09/12-LATE BACKUP OPPITEM09/13-LATE BACKUP OPPITEM09/14-LATE BACKUP OPPNov 6 2025 To the Members of the Board of Adjustment, I would like to express my opposition to the Board reconsidering the submission by the permit holder for Case C15-2025-0035 (205 E 34th St.) I support the Board’s October 13 decision granting the appeal filed by Robert Kaler & Carol Journeay. I respectfully ask the Board to deny the reconsideration request and allow the prior decision to stand. I am a property owner and resident in the North University Neighborhood of which 205 E 34th St. is a part. The property in question is covered under the North University's NCCD. The October 13 decision was made unanimously. There was much public testimony and several hours of deliberation after which it was decided that proposed project at 205 E 34th St: - - - Exceeds the allowed number of units; Fails to meet required front and side setbacks and other aspects in the North University NCCD; and Exceeds the allowable floor-area ratio (FAR) under LDC25-2-773 It is my understanding that not only failing to abide by the Board's decision; the permit holder has modified the submission for reconsideration to comply even less with the North University NCCD than previously submitted. In addition, there is no allowance for any parking in an area already hard pressed to accommodate the number of vehicles regularly present although I understand this may not be something the board needs to consider. For these reasons, I respectfully ask and hope that the Board will allow their previous decision to stand. Michael R Marcom 3107 Hemphill Park Austin, Texas 78705 ITEM09/15-LATE BACKUP OPP Dear Mrs. Ramirez Please accept this letter opposing the reconsideration and supporting the Board’s unanimous October 13 decision for BOA Case C15-2025-0035 (205 E 34th St). Greatly appreciated if you could confirm receipt of my letter and its inclusion in the BOA packet. Thank you. Carole LeClair and James Miller 209 W 33rd Austin, Texas 78705 ITEM09/16-LATE BACKUP OPP Dear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025- 0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. I am the property owner at 301 E. 34th St., Unit 102, which is within 500 feet of 205 E 34th St. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (e(cid:431)ectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post- hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Gary Thompson Address: 2915 Cherry Lane, Austin, TX 78703 Email: t BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/17-LATE BACKUP OPPNovember 8, 2025 Board of Adjustment – City of Austin c/o Elaine Ramirez (elaine.ramirez@austintexas.gov) Re: Support for Appeal – BOA Case# C15-2025-0035 BOA Case Address: 205 E 34th St. Austin, TX 78705 Dear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025-0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. I am the property owner at 206 E 33rd St., which is within 500 feet of 205 E 34th St. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (e(cid:431)ectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post-hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well- reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Ti(cid:431)any E. Walker 206 East 33rd St. Austin, TX 78705 BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/18-LATE BACKUP OPP BOA Case Number C15-2025-0035 Case Address: 205 E. 34th St., Austin, Texas, 78705 Public Hearing: Board of Adjustment November 10, 2025 Pamela Bell, Ph.D., President North University Neighborhood Association (NUNA) 3500 Speedway, Austin 78705 DATE: November 9, 2025 Letter Opposing Reconsideration Request I oppose the reconsideration appeal submitted by the permit holder Kateryna Juschenko for the property at 205 E. 34th Street, Case # BOA C15-2025-0035 and want the Oct 13th decision by the BOA Board to be maintained. Further, I am dismayed that City staff is allowing the developer to file new plans for “Expedited Review” for this property (2025-140201 PR) while at the same time requesting the Board’s reconsideration of its decision on October 13, 2025 of this same property. Again, the Expedited Review excludes neighbors and who have a significant stake in the outcome from public participation in the permit approval process. I remind City staff that they have an obligation to follow the Residential Design and Compatibility Standards in the Land Development Code: This Subchapter is intended to minimize the impact of new construction, remodeling, and additions to existing buildings on surrounding properties in residential neighborhoods by defining an acceptable buildable area for each lot within which new development may occur. The standards are designed to protect the character of Austin's older neighborhoods by ensuring that new construction and additions are compatible in scale and bulk with existing neighborhoods. Source: Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022. In addition, I find it ludicrous that in this reconsideration request the developer wants the BOA to address the policy issue of counting attic space toward FAR using alternative language favoring developers, including members of the Infill Builders Coalition who are deeply interested in this. If the third floor is not needed, then remove it from the plans as it makes the development tower over existing traditional homes, making it conflict with the LDC requirement that “new development is compatible in scale and bulk with existing neighborhoods.” Why all the fuss over space that the developer claims will not be used as living space? In addition, the third-floor windows can be removed as a cost savings. I respectfully request that the Board of Adjustment DENY the request for a reconsideration of its October 13, 2025 decision. Respectfully, November 9, 2025 ITEM09/19-LATE BACKUP OPP Dear Members of the Board of Adjustment, I oppose the reconsideration request submitted by the permit holder for Case C15-2025- 0035 (205 E 34th St) and support the Board’s October 13 decision granting the appeal filed by Carol Journeay and Robert Kaler. I respectfully ask that the Board deny the reconsideration request and allow the prior decision to stand. I am the utility account holder at 206 E. 34th St Apt B, which is within 500 feet of 205 E 34th St. The October 13 decision was unanimous and made after extensive public testimony and hours of deliberation. It correctly determined that the proposed project at 205 E 34th St: • Exceeds the allowed number of units (eVectively four units rather than three); • Fails to meet required front and side setbacks under the North University NCCD; and • Exceeds the allowable floor-area ratio (FAR) under § 25-2-773. The reconsideration request does not present any new evidence or procedural error. Post- hearing design changes are not valid grounds for reconsideration. The proper next step for the permit holder is to submit a new, compliant application consistent with the Board’s prior ruling—not to overturn a unanimous and well-reasoned decision. Please deny the reconsideration and maintain the Board’s October 13 decision sustaining the appeal and reversing the permit approval for 205 E 34th St. Thank you for your continued service and consideration. Sincerely, Pendy Lall Address: 206 E. 34th St Apt B, Austin TX. 78705 Email: BOA Case #: C15-2025-0035 Case Address: 205 E 34th St, Austin, TX 78705 Hearing Date: November 10, 2025 ITEM09/20-LATE BACKUP OPP