ITEM08 C15-2026-0005 APPEAL DENIED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM08 DATE: Monday April 13, 2026 CASE NUMBER: C15-2026-0005 ___-____Thomas Ates (D1) ABSTAINS ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___N____Sameer S Birring (D7) ___N____Margaret Shahrestani (D8) ___N____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Jeffery L Bowen (M) ___-____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPELLANT: Peter Journeay-Kaler OWNER: JBD CR HOLDING LLC – Leonid Murashkovskiy ADDRESS: 205 34TH ST VARIANCE REQUESTED: 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. BOARD’S DECISION: MARCH 11, 2026 The public hearing was closed by Chair Jessica Cohen, Maggie Shahrestani’s motion to uphold staff’s decision and appeal denied; Board member Brian Poteet second on 3-5-2 votes (Chair Jessica Cohen, Board members Bianca Medina- Leal, Yung-ju Kim, Michael Von Ohlen, Jeffery Bowen nay; Board Members Corry Archer- Mcclellan, Haseeb Abdullah abstained); UPHOLD STAFF’S DECISION AND APPEAL DENIED. RECONSIDERTION REQUEST: APRIL 13, 2026 Board member Michael Von Ohlen’s motion to reconsider the appeal case, Vice Chair Melissa Hawthorne second on 7-2-2 votes (Board members Sameer Birring, Maggie Shahrestani nay and Board members Tommy Ates, Brian Poteet abstains); VOTE PASSES TO RECONSIDER THE APPEAL CASE. Board member Maggie Shahrestani’s motion to uphold staff’s decision; a substitute motion made by Board member Michael Von Ohlen’s motion to modify staff’s decision to apply .4 FAR to SF-3 lots regardless of how many units within the NCCD, Board member Yung ju Kim second on 7-3-1 votes (Board members Sameer Birring, Maggie Shahrestani, Brian Poteet nay, Board member Tommy Ates abstains), MOTION FAILS APPEAL DENIED; UPHOLD STAFF’S DECISION Board member, Michael Von Ohlen makes a motion to affirm/overturn (choose one) City staff’s interpretation. If, overturning City’s staff decision, we suggest using the following language: 1. City staff’s interpretation that 25-2-273 applies to three units in the NUNA-NCCD was incorrect because: the lack of specificity does not negate the NCCD ordinance No.2012 0802-103 Amended 7 requirement of .4 FAR for lots zoned SF-3 regardless of units on the lot. 2. The following .4 FAR limitation applies to three units because: ordinance No.2012 0802-103(7) establishes a maximum .4 Far on SF-3 lots FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: n/a 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the objectives of the zone in question because: n/a 3. The interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated in that: n/a Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for