Agenda — original pdf

Agenda

REGULAR MEETING OF THE BOARD OF ADJUSTMENT MONDAY, March 9, 2026 AT 5:30 P.M. AUSTIN CITY HALL, COUNCIL CHAMBERS, ROOM 1001 301 WEST 2ND STREET AUSTIN, TEXAS Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, contact Elaine Ramirez at 512-974-2202 or email elaine.ramirez@austintexas.gov. CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair) ___Haseeb Abdullah ___Thomas Ates ___Sameer S Birring ___ Jeffery Bowen ___ Yung-ju Kim CALL TO ORDER PUBLIC COMMUNICATION: GENERAL ___Bianca A Medina-Leal ___Brian Poteet ___Margaret Shahrestani ___Michael Von Ohlen ___Corry L Archer-Mcclellan (Alternate) ___Suzanne Valentine (Alternate) AGENDA The first 4 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. 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 PUBLIC HEARINGS Discussion and action on the following cases 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. 3. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM03 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 forty-six feet and one inch (46’ 1”) (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. New sign case: 4. C16-2026-0002 Richard T Suttle, Jr. for RHP Block 21, LLC 310, 306, 310 ½, 314 & 320 W 2ND Street; 301, 311, & 317 W 3RD Stree; and 200, 210, & 212 Lavaca Street (F) (2) (a) maximum sign area for a freestanding sign from 0.5 square feet for On-Line Link: ITEM04 ADV PACKET ; PRESENTATION The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-129 (Downtown Sign District Regulations):  each linear foot of street frontage (maximum allowed) to 250 square feet (requested) and  (G) (1) to exceed sign height for a freestanding sign of six feet (6 ft) (maximum allowed) to thirty feet (30 ft) (requested) to allow for a LED Pylon freestanding sign, in order to erect signage for ACL Live Events in a “CBD-CURE-CO”, Central Business – Central Urban Redevelopment – Conditional Overlay zoning district. This section applies to a downtown sign district. One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10- Note: The Land Development Code sign regulations 25-10-129 Downtown Sign District Regulations (A) (B) 131 (Additional Freestanding Signs Permitted). (C) Wall signs are permitted. (D) A wall sign may be a projecting sign if the sign complies with this subsection. One projecting sign for each building façade is permitted. (1) The sign area of a projecting sign may not exceed 35 square feet. (2) A sign may extend from the building façade not more than the lesser of: (3) six feet; or (a) a distance equal to two-thirds the width of the abutting sidewalk. For a sign that projects over state right-of-way, the state must approve the sign. One flag for each curb cut is permitted. A flag may be suspended over public right-of-way. This subsection prescribes the maximum sign area. For signs other than freestanding signs, the total sign area for a lot may not exceed 20 percent of the façade area of the first (b) (4) (E) (F) (1) 15 feet of the building. (a) (b) (G) (1) (2) Source: Sections 13-2-867 and 13-2-869; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 13, 8-28-17. 0.5 square feet for each linear foot of street frontage; or 200 square feet. The sign height may not exceed: for a freestanding sign, six feet; or for a commercial flag, 30 feet. New variance cases: 5. C15-2026-0003 Luke Caraway for Yair Cohen Hoshen 8506 & 8507 Walhill Cove On-Line Link: ITEM05 ADV PACKET ; 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 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. 6. C15-2026-0006 Cole Stewart 4301 Manzanillo Drive On-Line Link: ITEM06 ADV PACKET PART1, PART2; PRESENTATION 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 to climb over a six-foot fence and gain access to a hazardous situation, including a swimming pool. (G) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. (H) A solid fence may be constructed to a height of eight feet if the fence is located between a residential use and: (1) property zoned as a commercial or industrial base district; (2) property used for a commercial or industrial use; or (3) an alley that separates a residential use and: (a) property zoned as a commercial or industrial base district; or (b) property used for a commercial or industrial use. (I) Except as provided in Paragraph (1), a fence shall be constructed in accordance with this subsection. (1) This subsection does not apply to a fence that: (a) was constructed before July 31, 2023; or (b) is more than six feet in height and located on a property with a non-residential use. (2) When more than 50 percent of the total linear distance of an existing fence is replaced, the entire fence must comply with this subsection. (3) For new or replacement fences that follow historic design standards, this subsection will control if there is a conflict with the historic design standards. (4) A fence may not include: (a) spiked pickets, spiked bars, or other spiked decorative elements above the top horizontal backer rail; (b) vertical pickets above the top horizontal backer rail if the vertical pickets are separated by more than two inches and less than nine inches; (c) razor-like wire; or (d) barbed wire unless the fence is enclosing an airport or other landing area for aircraft and the use of barbed wire is required by Federal Aviation Administration regulation. (5) A fence that creates a substantial risk of entrapment or impalement is prohibited. (6) A solid chain link fence shall use knuckle selvage. (J) A fence used as a swimming pool barrier shall comply with Chapter 25-12, Article 14 (Swimming Pool and Spa Code). Source: Section 13-2-308; Ord. 990225-70; Ord. 031211-11; Ord. 050127-64; Ord. No. 20141120-181, Pt. 1, 12-1-14; Ord. No. 20230720-156, Pt. 2, 7-31-23. New Interpretation case: 7. C15-2026-0005 Peter Journeay-Kaler – Appellant JBD CR Holding, LLC (Leonid Murashkovskiy - Owner 205 E 34th Street On-Line Link: APPELLANT- ITEM07 ADV PACKET PART1, PART2, PART3, PART4, PART5; PERMIT HOLDER- ITEM07 ADV PACKET PART1, PART2; PRESENTATION- APPELLANT; PRESENTATION-OWNER 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. DISCUSSION AND ACTION ITEMS 8. Discussion of the December 8, 2025, Board of Adjustment activity report On-Line Link: ITEM08 December 8, 2025-MONTHLY REPORT FUTURE AGENDA ITEMS ANNOUNCEMENTS ADJOURNMENT The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. For assistance, please contact the Liaison or TTY users’ route through 711. A person may request language access accommodations no later than 48 hours before the scheduled meeting. Please call the Board Liaison Elaine Ramirez, Austin Development Services Department at 512-974-2202 or email elaine.ramirez@austintexas.gov or call the Board Secretary Diana Ramirez at 512-974- 2241 or email diana.ramirez@austintexas.gov to request service or for additional information. For more information on the Board of Adjustment, please contact Board Liaison’s Elaine Ramirez at 512-974-2202 or elaine.ramirez@austintexas.gov