ITEM08 C15-2026-0005 PRESENTATION APPELLANT — original pdf

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205 E 34th St Board of Adjustment Reconsideration Case C15-2026-0005 1 ITEM08/1-PRESENTATION-APPELLANTBasis for Reconsideration and Requested Action • Procedural concerns regarding Board participation and required voting thresholds • A clear NCCD building orientation requirement was not addressed • The NCCD 0.4 FAR standard was not evaluated under the applicable Part 7 provisions • The approved plans allow construction of a building configuration that does not meet requirements identified during staff review Accordingly, we ask the Board of Adjustment to: • Reverse issuance of Permit No. 2025-140201 PR based on failure to demonstrate compliance with applicable NCCD standards and other adopted code requirements 2 ITEM08/2-PRESENTATION-APPELLANTProcedural Issue: Participation of a Disqualified Member • Board member received material information about this case outside the hearing record • No disclosure was made as required under the Board’s Rules of Procedure, and the member did not recuse • The statutory requirement that at least 75% of Board members hear a case was not met • The disqualified member’s seconding of the motion to deny and vote in support of the motion determined the outcome of the appeal 3 ITEM08/3-PRESENTATION-APPELLANTNCCD Building Orientation Requirement Not Addressed 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 would require a redesign, as the current layout does not allow the main entrance to front the street 4 ITEM08/4-PRESENTATION-APPELLANTNCCD FAR Evaluated Under Part 5 Instead of Part 7 • The NCCD is a Council-adopted ordinance governing development within North University • Staff report and motion to deny relied on NCCD Part 5 • Part 5 governs permitted uses, not site development standards • NCCD Part 7 governs site development standards, including FAR • Part 7 applies to New Residential Development • Part 7, Item 7 applies the 0.4 FAR Standard to a SF-3-NCCD-NP Lot with Three-Units 5 ITEM08/5-PRESENTATION-APPELLANTPart 7 applies the 0.4 FAR Standard to Three-Unit Residential Use 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 6 ITEM08/6-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 7 ITEM08/7-PRESENTATION-APPELLANTStaff Requirements Not Reflected in Approved Plans (Building 2) 1) Initial staff review identified the building as a congregate living configuration 2) Staff later approved the project subject to a five-bedroom limitation 8 ITEM08/8-PRESENTATION-APPELLANTFirst Floor (Building 2) : Bedrooms Reduced Through Relabeling and Minor Modifications Initial 12 Bedroom Configuration Approved Configuration: Relabeling and Partition Removal Partition Removed Steps Up Required to Access Bedroom Suite Rooms Relabeled 9 ITEM08/9-PRESENTATION-APPELLANTSecond Floor (Building 2): Bedrooms Reduced Through Relabeling and Partition Removal Initial 12 Bedroom Configuration Approved Configuration: Relabeling and Partition Removal Partitions Removed Partitions Removed Closets relabeled as Chases 10 ITEM08/10-PRESENTATION-APPELLANTRequested Board Action • The March 9 decision did not meet the statutory requirement that at least 75% of qualified members hear the case • The NCCD requires that a building’s main entrance be oriented toward the street frontage; and one building orients its main entrance toward the alley • The North University NCCD sets a maximum FAR of 0.4 for SF-zoned lots; this standard applies to three-unit residential use, and the Project exceeds that limit • The Project does not demonstrate compliance with staff-imposed bedroom limitations Accordingly, we request that the Board: • Reverse the administrative decision and deny issuance of Permit No. 2025-140201 PR 11 ITEM08/11-PRESENTATION-APPELLANTBoard of Adjustment Reconsideration Case C15-2026-0005 Back Up Slides 12 ITEM08/12-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 13 ITEM08/13-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 14 ITEM08/14-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 15 ITEM08/15-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 16 ITEM08/16-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 17 ITEM08/17-PRESENTATION-APPELLANT