ITEM01 BOA DRAFT MINUTES JUN8 — original pdf

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BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, June 8, 2026 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, June 8, 2026, at 301 West 2nd Street in Austin, Texas. Chair Jeffery Bowen called the Board of Adjustment Meeting to order at 5:36 PM. Board Members/Commissioners in Attendance in-Person: Jeffery Bowen-Chair, Haseeb Abdullah, Sameer S Birring, Bianca A. Medina-Leal, Michael Von Ohlen, Corry Archer-McClellan-Alternate Board Members/Commissioners in Attendance Remotely: Maggie Shahrestani-Vice Chair, Tommy Ates (late 6:10pm), Yung-ju Kim, Brian Poteet, Suzanne Valentine-Alternate Board Members/Commissioners Absent: Jessica Cohen, Melissa Hawthorne APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on May 11, 2026 On-Line Link: May 11, 2026 draft minutes The minutes from the meeting on May 11, 2026, were approved on Board Member Haseeb Abdullah, Board Member Corry L Archer-McClellan second, on 10-0 Vote (Board member Thomas Ates-no vote-late). PUBLIC HEARINGS Discussion and action on the following cases Item05 C15-2026-0014 -Withdrawn by the applicant New variance cases: 2. C15-2026-0020 Leonard Winn and Katherine Winn 6508 Highpoint Cove On-Line Link: ITEM02 ADV PACKET ; PRESENTATION The applicant is requesting a variance from the Land Development Code, Section 25- 2-899 (Fences as Accessory Uses) to increase the height from six (6) feet (maximum allowed) to eight feet (8’) feet (requested), in order to erect a fence along street side (North) property line in a “SF-2-NP”, Single-Family-Neighborhood Plan zoning district (University Hills Neighborhood Plan). 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 Jeffery Bowen, Board Member Michael Von Ohlen’s motion to approve, Vice-Chair Maggie Shahrestani second on 10-0 votes (Board member Thomas Ates no vote-late); GRANTED. 3. C15-2026-0021 George Siddall 2101 Arpdale Street On-Line Link: ITEM03 ADV PACKET ; PRESENTATION The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 (Site Development Regulations) (D) from setback requirements for a street side setback of 15 feet (required) to 0 feet (requested) in order to maintain a Carport in a “SF-3”, Single-Family zoning district. The public hearing was closed by Chair Jeffery Bowen, Board Member Michael Von Ohlen’s motion to postpone to July 13, 2026, Board member Haseeb Abdullah second on 11-0 votes; POSTPONED TO JULY 13, 2026. 4. C15-2026-0022 Nikelle Meade for Austin Area School for Dyslexics-Laura Steinbach 2615 ½ Hillview Road On-Line Link: ITEM04 ADV PACKET ; PRESENTATION The applicant is requesting a variance from the Land Development Code, Section 25- 2-832 (Private Schools) …(1) to reduce the minimum required roadway width (Hillview Rd) to allow the use on a site located on a street with a paved width of at least 30’ (requested), from a minimum paved width of 40’ (required) for a public or private primary or secondary school in a “SF-3-NP”, Single-Family-Neighborhood Plan zoning district (West Austin Neighborhood Group). If more than one dwelling unit is located on the site, the dwelling units must comply with the requirements of this title that are A site must be located on a street that has a paved width of at least 40 feet from the site to where it connects with another street that NOTE: 25-2-832 - PRIVATE SCHOOLS. This section applies to a public or private primary or secondary school. (1) has a paved width of at least 40 feet. (2) applicable to residential uses. Source: Section 13-2-261; Ord. 990225-70; Ord. 031211-11. The public hearing was closed by Chair Jeffery Bowen, Board Member Michael Von Ohlen’s motion to approve with conditions to prohibit access or curb cut on the Hillview side street and also that the school obtain No Parking signs established on the school property side of the street from property line marked 40.29 to 30.17 dimension line noted on Item04/04 Presentation sheet, Board member Corry L Archer-McClellan second on 11-0 votes; GRANTED WITH CONDITIONS TO PROHIBIT ACCESS OR CURB CUT ON THE HILLVIEW SIDE STREET AND ALSO THAT THE SCHOOL OBTAIN NO PARKING SIGNS ESTABLISHED ON THE SCHOOL PROPERTY SIDE OF THE STREET FROM PROPERTY LINE MARKED 40.29 TO 30.17 DIMENSION LINE NOTED ON ITEM04/04 PRESENTATION SHEET. Previous Postponed cases: 5. C15-2026-0014 Dillon Tuttle for Roger Plourde 2727 Exposition Boulevard On-Line Link: ITEM05 ADV PACKET PART1, PART2 The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-492 Site Development Regulations) (D) from setback requirements for a front setback of 10 feet (required) to 3 feet (requested) in order to erect a raised wooden deck for ZED’S Ice Cream in a “CS-NP”, General Commercial Services- Neighborhood Plan zoning district. (WANG Neighborhood Plan). WITHDRAWN BY APPLICANT DISCUSSION ITEMS 6. 7. April 13, 2026, Board of Adjustment activity report On-Line Link: ITEM06 May 11, 2026-MONTHLY REPORT 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. DISCUSSED 8. Discussion on executive session approval process and the need to be posted on the agenda in advance with specifics DISCUSSED DISCUSSION AND ACTION ITEMS 9. Approval of changes to BOA rules and procedures to limit time for registered speakers DISCUSSED FUTURE AGENDA ITEMS ANNOUNCEMENTS ADJOURNMENT 7:16 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