ITEM08 C15-2026-0005 LATE BACKUP APR13 SUPP — original pdf

Backup

ITEM08/1-SUPPORTHeritage Association Steering Committee Letter of Support - BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment: On Monday, February 16, the Heritage Neighborhood Steering Committee met and voted unanimously to support the BOA appeal C15-2026-0005, concerning a proposed project at 205 E. 34th Street in the North University Neighborhood. The Heritage Neighborhood Association shares concerns regarding adherence to the North University Neighborhood Conservation Combining District (NCCD) and enforcement of City Code. This request is not about opposing development or density. The Heritage Neighborhood Association supports affordable housing in Austin. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several issues that were not addressed during the March 9 hearing: • • • • A Board member participated after receiving information about the case outside the public hearing process A required NCCD building orientation standard was not addressed The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD- NP) and use (three-unit residential) as the proposed project The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process Accordingly, the Heritage Neighborhood Association respectfully requests that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Sincerely, Laura Grim, President Heritage Neighborhood Association ITEM08/2-SUPPORT President: Charles d’Harcourt, Vice President: Bart Whatley, Treasurer: Bruce Fairchild, Secretary: Christopher Oakland April 13, 2026 Re: BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, In the case regarding the building permit for the property at 205 E 34th Street, the Hancock Neighborhood Association membership has voted to support the appellant, particularly because: ● The project's floor-to-area ratio exceeds the 0.4:1 ratio set out by the North University Neighborhood Conservation Combining District for SF-3 properties (ordinance 040826-58, Part 7, site development standards table, "Max. FAR" line) ● The building permit applicant has repeatedly demonstrated throughout this process an intention to build a project incompatible with the spirit and letter of the zoning regulations that govern building in this neighborhood, and the Board of Adjustments is the city's last line of defence of the rule of law in this respect. For these and for the other reasons expressed by the appellant, we urge the Board to grant the reconsideration they seek and sustain their appeal to ensure that the project complies with zoning regulations. Sincerely, Charles d’Harcourt, President Hancock Neighborhood Association 500 E 41st Street, Austin TX 78751 ITEM08/3-SUPPORTITEM08/4-SUPPORTITEM08/5-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Madam Chair and Board Members- We’re all tired of looking at this project, but there’s an important issue that we’ve brought up previously that hasn’t made it into the Board’s discussions. I hope that you’ll vote to reconsider this case so you can discuss the Life Safety issues that we’ve highlighted. Summary: ● This is a Student Housing project, with bedrooms rented to individuals by the month (This was noted on the original permit application and has been advertised as such on Zillow) ● The original Applicant wrote to this board: " The designers’ task was to maximize bedroom count” ● Tech review staff rejected the project on 11/14/25, noting that “Building 2 contains 12 bedrooms and shall be reviewed as an R-3 Occupancy under the 2024 IBC as a Congregate Living Facility… Submit a Commercial Application for the R-3 Occupancy.” (see below) ● The applicant then re-submitted plans that showed only 5 bedrooms in Building 2, after deleting some walls and re-labeling bedrooms as “Pantry” and “Office Study” ● Staff chose not to push back on these modifications and the project was approved with Building 2 reviewed as a one-family dwelling. The result is that the City approved a high occupancy Commercial Congregate Living Facility with none of the safety components required by the International Building Code, creating a hazardous situation for the future residents of the project, who will have no idea the building is unsafe for its actual use. If you haven’t compared the originally submitted floor plans to the approved plans, please do so. I don’t think it’s a stretch to say that anyone looking at the revisions would assume that people will be sleeping in the “Pantry” or “Office/Study” spaces, and I am concerned that walls will be built to restore the 4 deleted bedrooms after a Certificate of Occupancy is issued for the project. This isn’t a harmless little “workaround” being used by the original Applicant and their architect. With just one more bedroom counted (the “Pantry”, for instance), Building 2 would be classified as a “Congregate Living Facility” under the 2024 International Building Code . This is a ITEM08/6-SUPPORT Commercial use, and the safety standards for this type of high occupancy dwelling are substantially more stringent than for that of a One Family Dwelling, per the list below: Additional fire safety requirements for Congregate Living Facility under IBC code: ● More stringent sprinkler requirements than required by IRC ● Occupant load calculations not required by IRC ● Exit limitations that may require upgrades to fire exits ● Rated fire separations between "Sleeping Units" ● Rated fire doors on "Sleeping Units", with automatic closers and smoke seals ● Interconnected Smoke alarms required in every "Sleeping Unit" (smoke alarms wouldn’t be required in the "Pantry" or “Office” spaces as currently shown) I can’t comment on why review staff didn’t push back on this issue, particularly given the history of this case, but tonight your board has one last opportunity to protect the lives of the students who will sleep in these rooms. I implore you to think of their safety. No one should die from fire or smoke inhalation because they sleep in a “Pantry”. How does this relate to Zoning ? If the building has more than 5 bedrooms (if just the “Pantry” is considered a bedroom, for example), the Use Classification for the building changes to Commercial-Congregate Living Facility , which has to be submitted as a new application to the Commercial side of DSD. Commercial review will start the process over, beginning with Zoning review. Does a Commercial Congregate Living Facility conform to SF-3 NCCD zoning in an NCCD that prohibits Congregate Living on residential lots? -That will take some study and discussion for staff to sort out, but the use classification change puts Zoning review front and center in the process. Thank you for your service. I appreciate your patience as we’ve tried to come to a reasonable solution to this situation. Chris Allen Architect Rosedale ITEM08/7-SUPPORTTo the Chair and Members of the Board of Adjustment, I am a resident of the North University neighborhood, currently residing at 206 E 33rd St. I am writing to formally support the request for reconsideration of the Board’s decision from March 9th, 2026, regarding the proposed development at 205 E 34th St (BOA Case No. C15-2026- 0005). To be clear, this request is not born from a general opposition to development or increased density. I fully support the expansion of housing options in North University. However, I believe that all new developments must strictly adhere to established local standards, specifically the North University Neighborhood Conservation Combining District (NCCD). I believe reconsideration is necessary to address several critical issues that remained unresolved during the initial March 9th hearing: * Procedural Transparency: A Board member participated in the decision-making process after receiving information about the case outside of the public hearing record. * Building Orientation: The project failed to adequately address specific NCCD requirements regarding building orientation. * Scale and FAR Standards: The project’s compliance with the NCCD’s 0.4 Floor Area Ratio (FAR) standard, as required under Part 7, was not properly evaluated. * Zoning Compliance: There remain significant unresolved questions regarding the project's overall adherence to applicable zoning requirements. For these reasons, I respectfully urge the Board to grant this request for reconsideration and revisit its prior decision to ensure this project fully complies with all applicable NCCD and City Code regulations. Thank you for your time and for your consideration. Sincerely, Pavel Quincoses Rodriguez 206 E 33rd St ITEM08/8-SUPPORTLetter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I live in North University and am a renter at 204 E 34th St #B. I'm reaching out about the Board's March 9, 2026 decision regarding the development at 205 E 34th Street (BOA Case No. C15-2026-0005) and wanted to respectfully request reconsideration. I want to be clear that this isn't about opposing development or density at all. I'm fully supportive of three-unit residential development and increased affordable housing in our neighborhood! My concern is simply that new development should comply with the standards that City Council has adopted, including our North University Neighborhood Conservation Combining District (NCCD) guidelines. The reconsideration request brings up several important issues that weren't addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • An NCCD requirement regarding building orientation wasn't addressed • The NCCD's 0.4 Floor Area Ratio (FAR) standard, which regulates building scale, wasn't evaluated under Part 7 of the NCCD • The project's layout raises questions about whether it complies with applicable zoning requirements For these reasons, I'm hoping the Board will grant reconsideration and revisit the prior decision to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thanks so much for your time and consideration! Sincerely, Kelly Schubert 204 E 34th St #B, Austin, TX 78705 BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/9-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, Thank you for your reconsideration, I realize this issue has been time consuming and the last hearing was a failure to properly HEAR. Board members were clearly confused, needed more time and information. Board members were rightfully and entirely fatigued as well as bullied by the prospective developer and a Board member who played ‘whip’. I am a resident of North University, and I own the property at 3309 Grooms St, Unit 205. I am writing in advance of the April 13 hearing to urge the Board to grant reconsideration of its March 9, 2026 decision in BOA Case No. C15-2026-0005 concerning the proposed development at 205 E 34th Street. This request is rooted in the need for a fair, transparent, and complete review process—one that fully adheres to the standards established by City Code and the North University Neighborhood Conservation Combining District (NCCD). The integrity of these standards depends on their consistent application, particularly in cases where development intensity and neighborhood compatibility are at issue. The following concerns remain unresolved and warrant careful reconsideration: • Participation of a Male Board member in the vote after he received information outside of the public hearing process • Apparent lack of evaluation of required NCCD provisions, including building orientation and the 0.4 Floor Area Ratio (FAR) standard which regulates building scale. • Broader questions regarding the project’s compliance with applicable zoning regulations Individually, each of these issues raises concern. Taken together, they point to a decision-making process that did not fully address key regulatory requirements. This undermines confidence not only in the outcome of this case, but in the consistent enforcement of the NCCD framework. This is not a request to halt development or oppose density. Simply stated, growth and development must occur within the clear parameters established by City Council. Upholding these standards ensures predictability, fairness, and compatibility for all stakeholders. I strongly urge the Board to grant reconsideration and conduct a thorough and complete review of this case to demonstrate the Board’s commitment to due process and to the careful stewardship of Austin’s neighborhood planning tools. Sincerely, Michelle Mace 3309 Grooms St, Unit 205, Austin, TX 78705 ITEM08/10-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I own the property at 301 East 35th Street Austin Texas 78705. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. However, new development should comply with the standards adopted by City Council, including the North University Neighborhood Conservation Combining District (NCCD). The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s 0.4 Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD • The project’s layout raises questions about whether it complies with applicable zoning requirements For these reasons, I respectfully request that the Board grant reconsideration and revisit its prior decision to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Douglas M Plummer 301 East 35th Street Austin Texas 78705 BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/11-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I own the property at 3306 Grooms Street. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Laura Aldred 3306 Grooms Street BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/12-SUPPORTLetter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I own the properties at 308 E 34th Street (a six-unit apartment building) and 310 E 34th Street (our home). I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Terry S. McGinty Leon J. Barish 310 E. 34th Street BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/13-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I reside at 206 E. 34th St, Austin, TX 78705. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. increased aUordable housing This request is not about opposing development or density. I support three-unit residential development and in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing aUordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staU during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Pendy Lall 206 E. 34th St, Austin, TX 78705 BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/14-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am writing as the owner, with my wife Anna Villena Aldama, of 203 E 34th Street, the lot immediately adjacent to the proposed development at 205 E 34th Street. Our property shares a property line with this project. Whatever gets built there will directly and materially affect our light, privacy, and daily quality of life. I am writing to express my full support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005. Let me be clear about what this request is and is not. I support residential development. I support density. I support three-unit housing in North University. What I cannot support is development that sidesteps the standards City Council adopted specifically to protect this neighborhood. The demolition of the existing structure at 205 E 34th Street already displaced residents and removed affordable housing from our block. That loss makes it all the more important that whatever replaces it comply fully with the North University NCCD and receive the transparent, rigorous review our community is entitled to expect. The reconsideration request raises serious issues that deserved full consideration and, in my view, did not receive it during the March 9 hearing: ● A Board member participated in the decision after receiving information about the case outside the public hearing process. This is a procedural matter that goes to the fairness and integrity of the entire proceeding. ● The NCCD’s building orientation requirement was not addressed. This is not a minor technical issue. Building orientation is one of the core standards Part 7 of the NCCD uses to ensure that new construction respects the traditional patterns of our block. ● The 0.4 FAR limit under Part 7 of the NCCD was not evaluated for a lot with the same zoning (SF-3- NCCD-NP) and use (three-unit residential) as this project. The FAR cap is the NCCD’s primary tool for keeping building scale compatible with this neighborhood of modest lots and modest homes. It is not a technicality. Allowing this project to proceed without a clear ruling on the applicable FAR standard would set a precedent that invites overdevelopment across every block in North University. ● The proposed layout raises unresolved questions about whether the project can be constructed and used in a manner consistent with applicable zoning requirements, including concerns City staff themselves identified during the review process. These questions were not resolved before approval. My wife and I chose 203 E 34th Street because we believe in this neighborhood and in the good-faith promise the NCCD represents: that new development will be compatible with the existing fabric of North University. Reconsideration is the appropriate path to ensure that promise is kept. I respectfully and firmly ask that the Board grant reconsideration and sustain the appeal. Thank you for your time and careful consideration. Sincerely, Frederick Luis Aldama 203 E 34th Street, Austin, TX 78705 al BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/15-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I both own the property and reside at 207 East 34 th Street. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. I am also not opposed to students as neighbors. Concerning affordability, remember that two affordable homes were demolished at 205 East 34th Street back in July of last year. Another unit could easily have been built so that an additional affordable unit that fit the pattern and other requirements of the NCCD would have provided another affordable home. Instead of taking a good look at what was already there and working within the NCCD guidelines, new development was proposed that in no way complies with the standards adopted by City Council, including the North University Neighborhood Conservation Combining District (NCCD) to provide affordable homes. Of the ten properties on the 200 block, two properties have two units and four properties have three units. The multibedroom units being proposed no not fit on this block and are not affordable homes. Students and young professionals who have lived or are now living in North University have often expressed how much they love living in this neighborhood and wish they could remain here. Affordable homes are next to nonexistent. A home is what is sought, not student warehousing units with multiple bedrooms. The proposed development in the words of the developers is to “Maximize the number of bedrooms”. This thought process has no consideration for students’ mental health and overall safety. The Healthy Minds Study reports that “60% of college students meet the criteria for at least one mental health issue.” Consider that the number of students living together in one house for the most positive experience is generally considered to be 3 to 4. The proposed development definitely exceeds that, leading to the very probable situation that there will be an increase in noise, conflict and stress. This would apply not just to the situation in which the students would be living, but also to their neighbors. This proposed development adds nothing to provide a positive environment for anyone and would detract from everyone’s well being. The proposed development is also an enigma regarding available student housing in North University. There have never been so many for lease signs in this particular neighborhood. HOME has failed to look at the ramifications of its anything goes mentality in the name of affordability. The game plan appears to be that as long as developers are making a profit, that’s all that matters. There is absolutely no concern for the well being of potential tenants in warehouse like environments or for the neighbors whose neighborhoods are being wiped out. Our neighborhood is more than willing to increase density within the NCCD guidelines that benefit all concerned, not just developers. ITEM08/16-SUPPORTThe proposed development decreases the safety of this neighborhood in which walking and especially biking are already a life safety issue. The proposed project has no onsite parking and the streets are already maxed out for parking, making walking and biking that much more dangerous, especially for students walking or biking to Lee Elementary. Also consider that the Mueller development follows its own cohesive guidelines. North University is similar in that its guidelines were legally established by its NCCD to protect what remains of this special neighborhood. Would Mueller allow the proposed development in the middle of a block of single-family houses or condos? The style and pattern of each block in Mueller fit together. Nothing about the proposed development fits on the 200 block of East 34th Street. Older neighborhoods with Craftsman style homes are unique. Adding new housing that has no regard for the architectural patterns of a neighborhood diminishes the charm and well-being of the neighborhood. It’s about cohesiveness. Why is Mueller allowed to maintain cohesiveness and North University isn’t? There are many ways to increase density in North University without destroying its character. This reconsideration request also raises several important specific issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For the above reasons, I respectfully request that the Board grant reconsideration and revisit its prior decision to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Carol Journeay 207 East 34th Street, Austin 78705 BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/17-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, We are residents of North University, and we own the property at 304 W 37th St. We are writing to express our support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. We both support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, we respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely,
 Janet Adams and Randy Thompson 304 W 37th St Austin 78705 j BOA Case No: C15-2026-0005
 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/18-SUPPORTLetter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I live at 309 E. 35th St. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15- 2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Tom Elia 309 E. 35th St. t BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/19-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I own and reside at 205 E 35th St, 78705. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: ● A Board member participated after receiving information about the case outside the public hearing process ● A NCCD requirement regarding building orientation was not addressed ● The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project ● The proposed project’s layout raises questions about whether it can be in a manner consistent with applicable zoning constructed and used requirements, including requirements identified by City staff during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Canaan Davis 205 E 35th St Austin, TX 78705 BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/20-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, We are residents of North University, and we reside at 303 E 35th St. We are writing to express our support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. We support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, we respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely,
 John Lacy and Marianne Mulrey
 303 E 35th St., Austin TX 78705
 BOA Case No: C15-2026-0005
 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/21-SUPPORTApril 12, 2026 Board of Adjustment – City of Austin c/o Elaine Ramirez (elaine.ramirez@austintexas.gov) Re: Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 BOA Case Address: 205 E 34th St. Austin, TX 78705 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I own the property at 206 East 33rd Street, Austin, TX 78705. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. increased a(cid:431)ordable housing This request is not about opposing development or density. I support three-unit residential development and in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing a(cid:431)ordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing:  A Board member participated after receiving information about the case outside the public hearing process  A NCCD requirement regarding building orientation was not addressed  The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project  The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City sta(cid:431) during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. ITEM08/22-SUPPORT Thank you for your time and consideration. Sincerely, Ti(cid:431)any Walker 206 East 33rd Street Austin, TX 78705 T BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/23-SUPPORT ITEM08/24-SUPPORTITEM08/25-SUPPORTLetter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I own and have lived with my family at 207 E 34th Street since 1978. My home is next door to the site of the proposed project. I am a licensed architect with over 50 years of professional experience. Over the course of my career, I have worked extensively with city staff, commissions, and elected officials on land development and building design, including projects where life-safety considerations are paramount, such as hospitals and student housing. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. Based on my professional experience, this project is particularly frustrating because it did not present a difficult design challenge. Prior to demolition, the site contained existing housing that could have been preserved and expanded, with ample room to add an additional unit in a manner consistent with the North University NCCD. This would have allowed for increased housing while maintaining affordability and compatibility with the neighborhood. Instead, the existing housing was demolished and residents displaced, and the current design reflects a different set of priorities. With the site now cleared, there remain many viable options to deliver a compliant, high-quality project. The design that has been advanced appears to prioritize maximizing occupancy while minimizing the costs associated with meeting more stringent safety and design standards. I made a good-faith effort to engage with the developer early in the process, including discussing the NCCD and walking the neighborhood to show the existing development pattern. However, it became clear that the design was not open to meaningful change. From my professional perspective, the most serious issue is the failure of the review process to adequately address life-safety considerations. During the review process, City staff initially identified the project as a congregate living use based on its configuration, which would require more robust life-safety measures. However, this classification was set aside following relatively minor changes to the plans. In my experience, such changes do not meaningfully alter how a building will be used or the number of occupants it is likely to contain. As a result, the project can be constructed without critical life-safety features typically required for higher-occupancy buildings, including enhanced fire separation, fire protection systems, and adequate emergency egress for what could be a large number of occupants. This is particularly concerning given that the project has been described in public materials as student housing designed to maximize bedroom count. These concerns are compounded by the placement of the building at the rear of the lot, where access for emergency services appears limited. Based on my familiarity with the site and surrounding ITEM08/26-SUPPORT conditions, it is unclear whether fire or emergency vehicles could reliably access this portion of the property in an emergency. Beyond these specific concerns, I have been troubled by the overall conduct of the review process. In my decades of working with the City of Austin, I have not previously encountered a process in which residents were denied access to basic project information during review, discouraged from engaging with staff, and required to pursue formal appeals simply to have substantive issues considered. While some City staff were responsive and professional, these instances were exceptions within a broader process that failed to address legitimate concerns raised by residents. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: 1. A Board member participated after receiving information about the case outside the public hearing process 2. A NCCD requirement regarding building orientation was not addressed 3. The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD- NP) and use (three-unit residential) as the proposed project 4. The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Robert Kaler Architect 207 E 34th Street, Austin, TX 78705 ITEM08/27-SUPPORTLetter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I grew up and now reside at 207 E 34th Street. My home is next door to the site of the proposed project. I am the appellant in this case and have been the primary point of contact with the City throughout the review and appeal process. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15- 2026-0005 regarding the proposed development at 205 E 34th Street. Based on public statements submitted to the Board, the developer received guidance from City staff that my neighborhood was a favorable location for the project over other central Austin neighborhoods. However, there is no indication that the developer was encouraged to engage with the neighborhood or adjacent residents at the start of the development process. This was once a common practice that supported an efficient and cooperative development. Residents’ first knowledge of the project was a demolition notice. Prior to demolition, my family attempted to contact the developer but did not receive a response. Only after the existing affordable housing was demolished and our next-door neighbors were displaced did the developer reach out. We walked the neighborhood with the developer, discussed the North University NCCD, and I was able to meet with her once to review the proposed plans. However, it was clear that the developer was not open to meaningful design changes or to working with residents. The experience during the review of two permits at 205 E 34th Street raises serious concerns that current City processes do not support meaningful engagement with residents. The City declined a request to meet with residents about the project, told residents not to contact City staff with questions about the review, and refused to release public information on the project until after the review was complete, including denial of a public information request. For the first permit review, site activity raised concerns about specific NCCD violations that I emailed to staff with photographic evidence. These code violations were not addressed during review, but were acknowledged by the City only after the first appeal was filed and were part of the BOA rationale for rejecting the first permit. When the review process does not allow for meaningful participation, the only way to have a voice is to file an appeal. However, the appeal process is time-consuming and very expensive. To date, residents have spent over $8,000 in appeal fees and the total cost would have been much higher without the pro-bono legal support we received. This raises serious equity concerns. ITEM08/28-SUPPORTI am also concerned about life-safety implications of the project. During the review process, City staff initially identified the project as a congregate living use based on its configuration, which would require more robust life-safety measures. However, this classification was set aside following relatively minor changes to the plans. As a result, the project can be constructed in a high-occupancy configuration without critical life-safety features required for high-occupancy buildings. This is particularly concerning given that the project has been described in public materials as student housing designed to maximize bedroom count. In addition to these notable concerns, the reconsideration request raises several important issues that were not addressed during the March 9 hearing: 1. A Board member participated after receiving information about the case outside the public hearing process 2. A NCCD requirement regarding building orientation was not addressed 3. The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project 4. The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Peter Journeay-Kaler 207 E 34th Street Austin, TX 78705 ITEM08/29-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I [own the property / reside] at [your address]. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Gregory Behl 3402 Grooms Street BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/30-SUPPORT ITEM08/31-SUPPORTLetter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, We are residents of North University, and we own the property at 208 E 33rd Street, Austin, TX 78705. We are writing to express our support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. We support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process For these reasons, we respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Michelle Jakubowski & Mark Schueller 208 E 33rd Street, Austin, TX 78705 BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/32-SUPPORT Letter of Support for Reconsideration – BOA Case No. C15-2026-0005 Dear Chair and Members of the Board of Adjustment, I am a resident of North University, and I own and reside at 200 E 34th Street. I am writing to express my support for reconsideration of the Board’s March 9, 2026 decision in BOA Case No. C15-2026-0005 regarding the proposed development at 205 E 34th Street. This request is not about opposing development or density. I support three-unit residential development and increased affordable housing in North University. The proposed development at 205 E 34th Street has resulted in the demolition of existing affordable housing and the displacement of residents. This makes it especially important that new development comply with standards adopted by City Council, including the North University NCCD, and be subject to a complete and transparent review process. The reconsideration request raises several important issues that were not addressed during the March 9 hearing: • A Board member participated after receiving information about the case outside the public hearing process • A NCCD requirement regarding building orientation was not addressed • The NCCD’s Floor Area Ratio (FAR) standard, which regulates building scale, was not evaluated under Part 7 of the NCCD, which sets a 0.4 FAR limit for a lot with the same zoning (SF-3-NCCD-NP) and use (three-unit residential) as the proposed project • The proposed project’s layout raises questions about whether it can be constructed and used in a manner consistent with applicable zoning requirements, including requirements identified by City staff during the review process I am also personally concerned that the project does not include any parking. When UT is in session there is no street parking available anywhere near 205 E 34th Street. For these reasons, I respectfully request that the Board grant reconsideration and sustain the appeal to ensure that the proposed project complies with applicable NCCD and City Code requirements. Thank you for your time and consideration. Sincerely, Cindy Wilkinson 200 E 34th Street BOA Case No: C15-2026-0005 Case Address: 205 E 34th St, Austin, TX 78705 ITEM08/33-SUPPORT