ITEM07 C15-2026-0005 PRESENTATION APPELLANT — original pdf

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205 E 34th St Board of Adjustment Appeal Case C15-2026-0005 1 ITEM07/1-PRESENTATION APPELLANTBasis for Appeal and Requested Action • The approved application and plan set do not demonstrate compliance with multiple adopted code requirements • The approved plan set does not comply with the North University NCCD, including the applicable 0.4 FAR limit for SF-zoned lots • The approved application omits required information and contains plan conflicts that cannot be enforced as approved Accordingly, we ask the Board of Adjustment to: • Reverse issuance of Permit No. 2025-140201 PR, based on failure to demonstrate compliance with the applicable NCCD FAR standard and other adopted code requirements 2 ITEM07/2-PRESENTATION APPELLANTReview Path and Enforceability of Approved Plans (Building 2) 1) Staff Review Comment Requiring IBC Review of Building 2 2) Staff Review Comment Approving Building 2 Subject to Five-Bedroom Limitation 3 ITEM07/3-PRESENTATION APPELLANTFirst Floor (Building 2) : Bedrooms Reduced Through Relabeling and Minor Modifications 12 Bedroom Configuration: Requires IBC Review Approved Configuration: Relabeling and Partition Removal Partition Removed Steps Up Required to Access Bedroom Suite Rooms Relabeled 4 ITEM07/4-PRESENTATION APPELLANTSecond Floor (Building 2): Bedrooms Reduced Through Relabeling and Partition Removal 12 Bedroom Configuration: Requires IBC Review Approved Configuration: Relabeling and Partition Removal Partitions Removed Partitions Removed Closets relabeled as Chases 5 ITEM07/5-PRESENTATION APPELLANTNorth University NCCD Regulates Building Scale Through FAR • The NCCD is a Council-adopted ordinance governing development within North University • Floor Area Ration (FAR) is the NCCD’s primary quantitative control on building scale • The NCCD states “New residential development should respect traditional patterns including building orientation, scale, height, setbacks and parking location” • The NCCD applies FAR limits by zoning category, not by listed residential use • The NCCD sets a FAR limit of 0.4 for SF-zoned lots 6 ITEM07/6-PRESENTATION APPELLANTCouncil Applied 0.4 FAR Limit to New Residential Uses Not Listed in the NCCD 2011 Amendment: Council permitted a new residential use not expressly listed in the NCCD and required compliance with the 0.4 FAR limit for SF-zoned lots 2012 Amendment: Council applied the NCCD 0.4 FAR limit to an SF-zoned lot with three residential units, confirming FAR applies at the lot level regardless of use configuration These amendments demonstrate that modifications to the NCCD occur through Council-adopted ordinances 7 ITEM07/7-PRESENTATION APPELLANTNCCD 0.4 FAR Limit Allows Three Residential Units on SF-zoned Lots 201 E 34th Street & 3307–3309 Helms Street Lot 1, Block 19, Grooms Addition (SF-3-NCCD-NP) sq ft Gross Floor Area: Unit 1 Gross Floor Area: Unit 2 Gross Floor Area: Unit 3 Gross Floor Area: Total Gross Site Area Floor Area Ratio (FAR) 1,898 440 798 3,136 8,803 0.36 Unit 2: Upstairs Unit 1: Single Family House Unit 3: Single Family House 8 ITEM07/8-PRESENTATION APPELLANTNCCD 0.4 FAR Limit is Narrow and Accommodates Density • Applies only within North University, which covers approximately 0.1% of Austin’s land area • Applies to approximately 400 lots, representing about 0.2% of the City’s SF-zoned parcels • Allows substantial infill and additional density. Many SF-zoned lots in North University are well below 0.4 FAR • Accommodates three-unit residential development. Numerous SF-zoned lots in North University already contain three units • Does not affect development outside North University 9 ITEM07/9-PRESENTATION APPELLANTBuilding Scale: 205 E 34th Street and Adjacent Homes 207 (0.27 FAR) 205 (0.649 FAR) 203 (0.33 FAR) FAR values reflect total floor area for each lot and all units 10 ITEM07/10-PRESENTATION APPELLANTAdditional NCCD and Code Compliance Issues As detailed in the appeal record, additional compliance issues include: • NCCD front-of-building requirement (Building 2) • International Residential Code (IRC) visitability requirements (Buildings 1 and 2) • IRC stair safety requirements (Building 1) • International Fire Code apparatus access requirements (Building 2) • Application completeness under LDC §25-1-82 11 ITEM07/11-PRESENTATION APPELLANTRequested Board Action The appeal record demonstrates that: • The North University NCCD establishes a maximum FAR of 0.4 for SF-zoned lots • That FAR limit applies to all permitted residential uses, including three-unit residential use • The Project was reviewed and approved at 0.649 FAR, exceeding the NCCD FAR limit • The approved plans do not reliably demonstrate eligibility for review under the International Residential Code Accordingly, we request that the Board: • Reverse the administrative decision and deny issuance of Permit No. 2025-140201 PR 12 ITEM07/12-PRESENTATION APPELLANTBoard of Adjustment Appeal Case C15-2026-0005 Back Up Slides 13 ITEM07/13-PRESENTATION APPELLANTProject Plans Show Alley-Facing Main Entrance for Building 2 Visitability path from Alley to Building 2 Main Entrance Building 2 Main Entrance (Alley Facing ) • NCCD Part 3 defines front of building as the side of a building that includes the main entrance • NCCD Part 6 requires that “a building shall front on the short side of the lot” defined as the street frontage • Approved plans orient Building 2’s main entrance to the alley • Compliance with NCCD Part 6 requires a project-level redesign, as Building 1 blocks any viable street- frontage visitability path 14 ITEM07/14-PRESENTATION APPELLANTIRC Visitability Noncompliance for Building 2 Exterior Route and Entrance Visitable Route Origin Shown at Alley Visitable Dwelling Entrance Showing Step at Route Termination • • IRC R322.8 requires a visitable dwelling to include at least one no-step entrance IRC R322.9 requires that this entrance be accessible via an exterior visitable route, originating from a garage, driveway, public street, or public sidewalk • Approved plans show the visitability route originating at the alley and terminating at an entrance with a step, which does not meet IRC origin or no-step requirements 15 Attachment J: Photos Showing Alley Parking Prohi ITEM07/15-PRESENTATION APPELLANTIRC Visitability Noncompliance for Building 2 Exterior Route and Entrance Approximate Exterior Visitable Route Originating at Alley Utility Pole Guy Wires and Parking Prohibition Shown Attachment J: Photos Showing Alley Parking Prohi • Approved plans show the exterior visitable route originating at the alley, not from a garage, driveway, public street, or public sidewalk as required by IRC R322.9 • The alley does not provide a compliant origin point: parking is prohibited, the surface is uneven and sloped, and the route is obstructed by utility pole guy wires 16 ITEM07/16-PRESENTATION APPELLANTIRC Visitability Noncompliance for Building 1 Exterior Route and Entrance Visitable Route Origins Shown Without Curb Cut or Street Access Vertical Step Shown at Visitable Route Termination No Grading or Retaining Wall Details Shown to Connect Visitable Route to Building Entrance 17 Attachment J: Photos Showing Alley Parking Prohi ITEM07/17-PRESENTATION APPELLANTIRC Stair Safety Noncompliance for Building 1 Winder Treads Stair winder treads taper to a sharp point and cannot provide the IRC-required 6-inch minimum tread depth across the clear width of each tread • IRC R318.7.5.2 requires that every stair winder tread be at least 6 inches deep at every point where a person can step • During plan review, staff required the IRC minimum stair tread depth standard be applied to the stair design • The applicant responded by adding a code citation note, but did not revise the stair design • As approved, the plans do not comply with IRC stair safety requirements 18 Attachment J: Photos Showing Alley Parking Prohi ITEM07/18-PRESENTATION APPELLANTInternational Fire Code Fire Apparatus Access Noncompliance for Building 2 Alley with limited width and fixed obstructions Significant portion of Building 2 located beyond IFC street access distance Building 1 and adjacent homes block fire apparatus access from street frontage Attachment J: Photos Showing Alley Parking Prohi • IFC Section 503 requires approved fire apparatus access to serve all first-story exterior walls via compliant access roads • Approved plans do not demonstrate a compliant access arrangement for Building 2 due to distance from the street and reliance on a constrained alley for fire apparatus access 19 ITEM07/19-PRESENTATION APPELLANTIncomplete Application: Required Zoning and Neighborhood Plan Information Not Provided During plan review, staff expressly required the application to list the correct Zoning District (SF-3-NCCD-NP) and Neighborhood Plan Area (North University NCCD) The application was not updated and was approved listing the incorrect Zoning District (SF-3) and Neighborhood Plan Area (N/A). The application therefore does not satisfy the completeness requirements of LDC §25-1-82 20 ITEM07/20-PRESENTATION APPELLANTIncomplete Application: Internal Inconsistency in Construction Access Narrow alley with limited clearance No construction access route shown to Building 2 No curb cut or vehicular access shown from E 34th Street • During plan review, staff noted that “it is not permitted to keep the existing driveway approach if it no longer serves a driveway.” The approved plans depict no driveway approach or vehicular access from E 34th Street. • • The approved site plan nevertheless depicts construction material staging, concrete washout, and rear building construction activities without identifying a feasible construction access route The plans do not identify a front-yard access route and do not demonstrate that the narrow alley could accommodate required construction activities for Building 2 • Because the plans rely on unidentified construction access methods, they do not provide complete information necessary for review and approval under LDC §25-1-82 21 Attachment J: Photos Showing Alley Parking Prohi ITEM07/21-PRESENTATION APPELLANTIncomplete Application: Incorrect and Inapplicable Code Citations • The approved plans identify visitability requirements, but reference incorrect or inapplicable International Residential Code (IRC) sections • Visitability is governed by IRC Section R322, as adopted and amended through Chapter 25 of the Land Development Code • The plans instead reference IRC Sections R318 and R320, which do not govern visitability requirements • By citing non-applicable code provisions, the plans do not clearly identify the correct standards against which compliance is claimed or reviewed • Because the plans rely on incorrect and inapplicable code citations, they do not provide complete or enforceable information necessary for review and approval under LDC §25-1-82 22 ITEM07/22-PRESENTATION APPELLANTThe NCCD 0.4 FAR Limit Supports Three Residential Units on SF Lots 203 E 34th Street (SF-3-NCCD-NP) Gross Floor Area: Unit 1 Gross Floor Area: Unit 2 Gross Floor Area: Unit 3 Gross Floor Area: Total Gross Site Area Floor Area Ratio (FAR) 1,958 480 480 2,918 8,957 0.33 sq ft Unit 1: Single Family House Unit 2: Downstairs, Unit 3: Upstairs 23 ITEM07/23-PRESENTATION APPELLANTThe NCCD 0.4 FAR Limit Supports Three Residential Units on SF Lots 206 E 34th Street (SF-3-NCCD-NP) Gross Floor Area: Unit 1 Gross Floor Area: Unit 2 Gross Floor Area: Unit 3 Gross Floor Area: Total Gross Site Area Floor Area Ratio (FAR) 1,123 532 532 2,187 7,285 0.30 sq ft Unit 1: Single Family House Unit 2: Downstairs, Unit 3: Upstairs 24 ITEM07/24-PRESENTATION APPELLANTThe NCCD 0.4 FAR Limit Supports Three Residential Units on SF Lots 204 E 34th Street (SF-3-NCCD-NP) Gross Floor Area: Unit 1 Gross Floor Area: Unit 2 Gross Floor Area: Unit 3 Gross Floor Area: Total Gross Site Area Floor Area Ratio (FAR) 664 664 400 1,688 6,011 0.28 sq ft Units 1 & 2: Duplex Unit 3: Upstairs 25 ITEM07/25-PRESENTATION APPELLANTRemaining Gross Floor Area Under the NCCD 0.4 FAR Allocation: Full Block Analysis Existing FAR and Remaining Gross Floor Area (GFA) for All Lots on the E 33rd / E 34th Block Lot (All Zoned SF-3-NCCD-NP) Units 201 E 34th, 3307 & 3309 Helms 203 E 34th 205 E 34th (2 units demolished) 207 E 34th 209 E 34th 3306 Grooms 3304 Grooms 3305 Helms 200 E 33rd 202 E 33rd 204 E 33rd 206 E 33rd 208 E 33rd Total 3 3 0 2 1 1 1 1 1 3 1 1 1 FAR 0.36 0.33 0.00 0.27 0.36 0.32 0.19 0.35 0.17 0.31 0.12 0.18 0.20 Gross Site Area (sq ft) GFA Remaining (sq ft) 8,803 8,957 8,440 6,053 6,020 5,184 5,525 2,520 6,482 8,840 9,032 5,933 5,980 385 665 3,376 766 240 415 1,134 124 1,475 778 2,497 1,305 1,209 14,369 Across this contiguous SF-zoned block, the NCCD 0.4 FAR limit leaves substantial unused floor area capacity for remodeling, expansion, or additional units, while respecting Traditional Development Patterns 26 ITEM07/26-PRESENTATION APPELLANT