ITEM01 DRAFT MINUTES FOR APR 13, 2026 — original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, April 13, 2026 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, April 13, 2026, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:43 PM. Board Members/Commissioners in Attendance in-Person: Jessica Cohen-Chair, Melissa Hawthorne Vice-Chair, Haseeb Abdullah, Jeffery Bowen, Bianca A. Medina-Leal, Brian Poteet, Maggie Shahrestani, Michael Von Ohlen Board Members/Commissioners in Attendance Remotely: Tommy Ates, Sameer S Birring, Yung-ju Kim APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on March 9, 2026 On-Line Link: March 9, 2026 draft minutes The minutes from the meeting on March 9, 2026, were approved on Board member Michael Von Ohlen, Vice-chair Melissa Hawthorne second, Approved minutes with no objections. Discussion and action on the following cases Previous Postponed cases: 2. C15-2026-0003 Luke Caraway for Yair Cohen Hoshen 8506 & 8507 Walhill Cove On-Line Link: ITEM02 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. The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve as per drawing Item02/4 in advance packet, Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED AS PER DRAWING ITEM02/4 IN ADVANCE PACKET. 3. C15-2026-0006 Cole Stewart 4301 Manzanillo Drive On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3; 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. The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve with a condition that the 1st two short panels closest to the corner get removed (by the stop sign), Board member Maggie Shahrestani second on 11-0 votes; GRANTED WITH A CONDITION THAT THE 1ST TWO SHORT PANELS CLOSEST TO THE CORNER GET REMOVED (BY THE STOP SIGN). New sign case: 4. C16-2026-0003 Richard T Suttle, Jr. for Joseph G. Doran 321, 311, 323, 325, 327 W 6th Street On-Line Link: ITEM04 ADV PACKET ; PRESENTATION    The applicant is requesting the following variance(s) from the Land Development Code, Section 25-10-191 (Sign Setback Requirements) (F) to decrease the setback from street right-of-way of twelve feet (12 ft.) (minimum allowed) to two feet six inches (2 ft. 6 in.) (requested) (F) (1) to increase height of thirty inches (30 in.) (maximum allowed) to five feet ten inches (5 ft. 10 in.) (requested) (F) (2) to decrease clearance of at least nine feet (9 ft.) (minimum allowed) to zero feet (0 ft.) (requested) in order to erect a Freestanding sign for an office building in a “CBD”, Central Business zoning district. Note: Land Development Code, 25-10-191 Sign Setback Requirements (A) A sign installed in compliance with this section is not required to comply with building setback requirements established elsewhere in this title. (B) A sign support 12 inches or less in diameter is not required to be set back from a street right-of-way. (C) A sign support more than 12 inches and not more than 24 inches in diameter must be set back at least three feet from a street right-of-way. (D) A sign support more than 24 inches and not more than 36 inches in diameter must be set back at least five feet from the street right-of-way. (E) A sign support more than 36 inches in diameter must be set back at least 12 feet from the street right-of-way. (F) Except for a wall sign, a sign within 12 feet of a street right-of-way must have either: (1) a height of not more than 30 inches; or (2) a clearance of at least nine feet. (G) This section does not apply to a sign permitted by Section 25-10-102(F) (Signs Associated with Political Elections). Source: Section 13-2-886; Ord. 990225-70; Ord. 031030-11; Ord. 031211-11; Ord. No. 20170817-072, Pt. 22, 8-28-17. The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve, Board member Maggie Shahrestani second on 10-0-1 votes (Vice Chair Melissa Hawthorne abstains-off the dais); GRANTED. New variance cases: 5. C15-2026-0001 Samantha Riddell for John Lohr 2205 Quarry Road 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 5 feet (required) to 2 ft 3 in (requested) in order to rebuild a Detached Garage in a “SF-3NP”, Single-Family Neighborhood Plan (West Austin Neighborhood Group) zoning district. The public hearing was closed by Chair Jessica Cohen, Vice Chair Melissa Hawthorne’s motion to approve, Board member Michael Von Ohlen’s second on 11-0 votes; GRANTED. 6. C15-2026-0009 Wylder Conoly for Mehtaab Brar, Brar Properties 9419 E Parmer Lane On-Line Link: ITEM06 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 side yard setback (southeastern property line) from twenty- five feet (25 ft) (required) to fifteen feet (15 ft) (requested) in order to erect a Tim Horton’s restaurant with drive-thru service in a “CH-CO”, Commercial Highway Services-Conditional Overlay zoning district. The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve, Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED. 7. C15-2026-0010 David Anderson for Mark A Macaulay 4219 & 4201 S 1st Street On-Line Link: ITEM07 ADV PACKET; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code, Section 25-2- 814 (Service Station Use) (3) to increase queue lanes from eight [8] vehicle queue lanes to twelve [12] vehicle queue lanes (requested) in order to erect a Service Station in a “CS-MU- NP ” Commercial Services-Mixed Use Neighborhood Plan (West Congress) zoning district. Note: 25-2-814 - SERVICE STATION USE. A service station use: (1) must be screened from the street by a building or a landscape buffer that includes shade trees; (2) may not have more than 16 fuel dispensers; and (3) may not have more than eight vehicle queue lanes. Source: Ord. 20060831-068; Ord. 20110804-008. The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve with a condition that the heritage tree is preserved, Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED WITH A CONDITION THAT THE HERITAGE TREE IS PRESERVED. Reconsideration Interpretation case: 8. C15-2026-0005 Peter Journeay-Kaler – Appellant JBD CR Holding, LLC (Leonid Murashkovskiy - Owner 205 E 34th Street On-Line Link: APPELLANT- ITEM08 ADV PACKET PART1, PART2, PART3; PERMIT HOLDER- ITEM08 ADV PACKET PART1, PART2; STAFF REPORT; IN OPPOSITION; IN SUPPORT; PRESENTATION-APPELLANT; PRESENTATION-PERMIT HOLDER 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 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. 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 EXECUTIVE SESSION The Board of Adjustment may announce it will go into Executive Session pursuant to Chapter 551.071 of the Texas Government Code to receive advice from legal counsel. 9. Discuss the request to reconsider Case No. C15-2026 0035 and the appeal by Peter Journeay-Kaler (appellant) and other legal questions relevant to the appeal where the appellant is challenging the approval of a building permit (2025-140201 PR) and related construction plans for proposed development of a three-unit residential use at 205 East 34th Street, Austin, TX 78705 which is owned by JBD CR HOLDING, LLC. Madam Chair calls for executive session at 7:29pm to 8:30pm DISCUSSION ITEMS 10. 11. March 9, 2026, Board of Adjustment activity report On-Line Link: ITEM10 March 9, 2026-MONTHLY REPORT DISCUSSED; CONTINUE TO NEXT AGENDA Report from working group on outcomes of BOA decision on Case No. C15-2025-0035 (made during BOA Meeting on November 10), specifically with respect to guidance given to staff regarding habitable attic space and how it figures into calculation of FAR. CONTINUE TO NEXT AGENDA DISCUSSION AND ACTION ITEMS 12. Conduct officer elections for the Chair and Vice Chair Board Member Michael Von Ohlen nominates Jeffery Bowen for Chair and Maggie Shahrestani for Vice-Chair on a 6 to 5 vote for the Chair position. BOA Chair is Jeffery Bowen and Vice-Chair Margaret (Maggie) Shahrestani. 13. Approval of changes to BOA rules and procedures to limit time for registered speakers CONTINUE TO NEXT AGENDA 14. Approval of executive sessions on the agenda in advance with specifics CONTINUE TO NEXT AGENDA FUTURE AGENDA ITEMS ANNOUNCEMENTS ADJOURNMENT 11:16 PM 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