4219 S 1st Street Board of Adjustment Case # C15-2026-0010 April 13, 2026 1 ITEM07/1-PRESENTATION Project Location 2 ITEM07/2-PRESENTATION Project Location 3 ITEM07/3-PRESENTATION Site Zoning GR-MU-CO-NP CS-MU-NP LO-CO-NP CS-MU-NP CS-MU-NP 4 ITEM07/4-PRESENTATION Proposed Site Plan 5 ITEM07/5-PRESENTATION Proposed Site Plan Required compatibility setbacks Heritage tree to be preserved Existing utility corridor showing significant congestion 6 ITEM07/6-PRESENTATION 25-2-814 – Service Station Use § 25-2-814 - SERVICE STATION USE. § 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. A service station use: (1) Compliant with buffer. • Screened from street by a landscape buffer that includes shade trees. (2) Compliant with number of fuel dispensers. • Only 12 fuel dispensers proposed. (3) Requesting a variance from LDC §25-2-814. • Applicant is proposing 12 vehicle queue lanes. • The queue lane listed in the Transportation Criteria Manual (allowing up to 16 pumps) requires outdated fuel dispensing configuration. • The Applicant is requesting a safer and more accessible configuration. 7 ITEM07/7-PRESENTATION Transportation Criteria Manual – Figure 9-10 • Figure 9-10 illustrates outdated conceptual queuing layouts ▪ Newer convenience stores do not use this “inline” approach because it: • Increases vehicular conflict points, which decreases safe maneuverability; • Reduces user visibility, which decreases safe maneuverability; and • Customers do not like this configuration. • The intent of the standard is to ensure: ▪ Safe circulation; ▪ Safe vehicle stacking; and ▪ Minimized conflicts. • The proposed site layout meets the functional intent of the Transportation Criteria Manual by: ▪ Providing clearly defined queue lanes; ▪ Separating circulation from pedestrian routes; and ▪ Reducing internal vehicle conflict points. Transportation Criteria Manual: Figure 9-10 8 ITEM07/8-PRESENTATION Queue Lane Configuration Comparison TCM Compliant Queue Lane Configuration • Not enough space for vehicular maneuverability • Multiple points of vehicle conflict • Doesn’t matter where on the site it goes Proposed Queue Lane Configuration • Allows adequate vehicular maneuverability • Improves safety/reduces conflict points • Industry standard design 9 ITEM07/9-PRESENTATION Improvements to Pedestrian Experience Existing Conditions 1 2 Photo 1. No sidewalk along Radam looking west Photo 2. No sidewalk along S. First looking north 10 ITEM07/10-PRESENTATION Similar Projects Approved by Board of Adjustment Project: Board of Adjustment Action: • C15-2025-0001 …
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 …
FAR Issues – Outside the Scope of BOA Authority The NCCD specifies FAR for single-family and duplex uses. The City later introduced two- and three-family dwelling terminology, so that the HOME ordinance applies citywide, including within NCCDs. NCCD was specifically designed to impose regulation on then existing uses. HOME ordinance specifically added 3-plex regulation on city wide scale. Home Ordinance Being regulation adopted later in time and covering the whole City it is the controlling regulation for this project. Any change to NCCD FAR requires action by Mayor and Council and is outside the authority of the BOA. The building orientation issue was not identified as a distinct ground in the original appeal or preserved as a specific issue for Board determination. ITEM08/1-PRESENTATION-PERMIT HOLDER The building orientation issue were not before the Board in the original appeal and therefore cannot serve as a basis for reconsideration. The deadline for appeal is passed and no other item can be added into consideration after that. Even if we consider this item, the BLDG 2 front and back are exactly the same and either side can be called building front. ITEM08/2-PRESENTATION-PERMIT HOLDER The lot is surrounded by multifamily buildings and the blue area marks rental/investment property. This particular area is already heavily populated by tenants. Over 11 houses in North University NCCD have over 15 bedrooms, and are rentals. This is a modest project and it is not located at Historical Aldridge Place, where most of the houses are single family. ITEM08/3-PRESENTATION-PERMIT HOLDER The block of 34th Street where this project is located consists of poorly maintained houses, tear- downs, and homes in desperate condition. It is also surrounded by multifamily and commercial properties, where new single-family, low-density construction would be inconsistent with the surrounding context and economically impractical, placing the owner at a financial loss. The ITEM08/4-PRESENTATION-PERMIT HOLDER proposed development not only provides more affordable housing but also improves the overall appearance of this particular block, which is, without exaggeration, in very poor condition. ITEM08/5-PRESENTATION-PERMIT HOLDER ITEM08/6-PRESENTATION-PERMIT HOLDER ITEM08/7-PRESENTATION-PERMIT HOLDER ITEM08/8-PRESENTATION-PERMIT HOLDER ITEM08/9-PRESENTATION-PERMIT HOLDER
Courtney Blanton To: me, Cc: Message Body · Tue, Nov 25 at 7:37 AM This looks good to us. You have our blessing. We are all good with the structure to go back where it was before. Happy Holidays! Courtney & Tom 2205 Quarry Garage rebuild • John Lohr To: Message Body Courtney, Tom, · Sun, Nov 23 at 2:20 PM As discussed, we are preparing to submit an application to allow our garage to be rebuilt in the same spot and same configuration as was there before the fire. If you could just a reply to this email to confirm y'all are good with that plan. I have attached a copy of our survey prior to the garage being demolished. The new structure would go right back in the same spot, same size, height, design etc. No plumbing, Let me know any questions. Thanks, John and Sally John L. Lohr mobile ITEM05/1-SUPPORT Garage rebuild 2205 Quarry Road • • • • John Lohr John and Sally, As your next door neighbors, Patrick and I are in support of your application to allow your garage to be rebuilt in the same spot and same configuration as was there before the fire! • • Hi John, • • I'm just letting you know that I also fully support your application to allow your garage to be rebuilt in the same spot and in the same configuration as was there before the fire. • • • • • I know Tracy has already spoken on my behalf, but sometimes attorneys or courts want signatures from both married parties. Patrick Parker 2203 Quarry Road --Tracy LaQuey Parker 2203 Quarry Road • • • • Hi John, • • I'm just letting you know that I also fully support your application to allow your garage to be rebuilt in the same spot and in the same configuration as was there before the fire. • • • • • I know Tracy has already spoken on my behalf, but sometimes attorneys or courts want signatures from both married parties. Patrick Parker 2203 Quarry Road ITEM05/2-SUPPORT Garage rebuild 2205 Quarry Road • John Lohr To: , Nov 22 at 7:27 PM Wells, Thanks to you and Leslie for chatting with me this morning. As discussed, we are preparing to submit an application to allow our garage to be rebuilt in the same spot and same configuration …
ITEM06/1-SUPPORT Neighbor Letter of No Opposition Date: 3/30/2026 To: City of Austin Board of Adjustment QT South, LLC is the owner of the property located at 9509 E Parmer Lane. I am writing to express no opposition for Board of Adjustment Case No. C15-2026-0009. This case requests a variance to reduce the southeastern side setback requirement from 25 feet to 15 feet for the property located at 9419 E Parmer Ln, Austin, TX 78653. After reviewing the request and understanding the nature of the proposed development, I do not oppose the requested setback reduction. I do not believe the variance will negatively impact my property or the surrounding area. Please consider this letter as my formal statement of no opposition to the variance request. Sincerely, Signature: ______________________________ Printed Name: Robert Costello, Real Estate Project Manager, QT South, LLC Property Address: 9509 E Parmer Lane ITEM06/2-SUPPORT
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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday April 13, 2026 CASE NUMBER: C15-2026-0003 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____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) APPLICANT: Luke Caraway OWNER: Yair Cohen Hoshen ADDRESS: 8506 and 8507 Walhill Cove VARIANCE REQUESTED: 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. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postponed to April 13, 2026; Board member Corry Archer- Mcclellan second on 10-0 votes; POSTPONED TO APRIL 13, 2026. April 13, 2026 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. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: is currently applied doesn’t allow for the reasonable use of the property in its existing configuration, the structure at 8506 Walhill Cove does not have an attached garage or driveway and is therefore entirely reliant on on-street parking along Walhill Cove. 2. (a) The hardship for which the variance is requested is unique to the property in that: the primary challenge for 8506 Walhill Cove is that the existing structure was built without on-site parking and it’s cul-de-sac unique shape of the lot as well as the topography further limits available parking, the two lots experience extreme topographical changes as result the buildable area is significantly restricted and the garage is built at the only level place that they can locate on the property. (b) The hardship is not general to the area in which the property is located because: although extreme topography exists throughout the general area at Northwest Hills Neighborhood is known for its elevation in numerous cul-de-sacs the combination of these conditions create a unique hardship for only a …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday April 13, 2026 CASE NUMBER: C15-2026-0006 __Y_____Thomas Ates (D1) __Y_____Bianca A Medina-Leal (D2) __Y_____Jessica Cohen (D3) __Y_____Yung-ju Kim (D4) __Y_____Melissa Hawthorne (D5) __Y_____Haseeb Abdullah (D6) __Y_____Sameer S Birring (D7) __Y_____Margaret Shahrestani (D8) __Y_____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) OWNER/APPLICANT: Cole Stewart ADDRESS: 4301 Manzanillo Drive VARIANCE REQUESTED: 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 …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: April 13, 2026 CASE NUMBER: C16-2026-0003 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) ABSTAINS ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____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) APPLICANT: Richard T Suttle, Jr. OWNER: Joseph G. Doran ADDRESS: 321, 311, 323, 325, 327 W 6th Street VARIANCE REQUESTED: 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. BOARD’S DECISION: The public hearing was closed by …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday April 13, 2026 CASE NUMBER: C15-2026-0001 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____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) APPLICANT: Samantha Riddell OWNER: John Lohr ADDRESS: 2205 Quarry Road VARIANCE REQUESTED: 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. BOARD’S DECISION: 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. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: there was a detached garage in the same location it existed for decades before it was destroyed by a fire and current setback requirements prohibit the construction within the prior footprint with all the trees that are surrounding this is the best place to rebuild the garage. 2. (a) The hardship for which the variance is requested is unique to the property in that: the placement of the mature tree surrounding it and it’s also the location where the prior detached garage was there for decades. (b) The hardship is not general to the area in which the property is located because: the placement of the trees around the actual garage structure and the constraints provided by it as well as not having visibility because of those trees makes it a little different. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: as the rebuild garage will match the form, scale, and location of the original structure that existed for many years without a negative impact to adjacent neighbors. Elaine Ramirez Executive Liaison Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday April 13, 2026 CASE NUMBER: C15-2026-0009 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____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) APPLICANT: Wylder Conoly OWNER: Mehtaab Brar (Brar Properties) ADDRESS: 9419 Parmer Lane VARIANCE REQUESTED: 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. BOARD’S DECISION: 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. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: strict application of the 20-foot side setback requirement doesn’t allow for reasonable ability due to the cumulative effect of the property’s physical constraints. 2. (a) The hardship for which the variance is requested is unique to the property in that: the subject property’s constrained by on multiple sides by a steep 30% slope along the southwest boundary on existing detention and water quality pond occupying the frontage and an unusually narrow lot width of approx. 100 feet. (b) The hardship is not general to the area in which the property is located because: the adjacent nearby commercial developments possessed significantly greater lot widths and they do not have detention facilities occupying their developmental frontage and they’re not constrained by the 30% real slope. 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: the intent of commercial setback requirements is to provide adequate separation between structures and ensure safety and allow maintenance access and preserve orderly developed patterns with this design, this applicant will be able to provide that. Elaine Ramirez Executive Liaison Jessica Cohen Chair for
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM07 DATE: Monday April 13, 2026 CASE NUMBER: C15-2026-0010 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____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) APPLICANT: David Anderson OWNER: Mark A Macaulay ADDRESS: 4219 1st Street VARIANCE REQUESTED: 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. BOARD’S DECISION: 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. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: compliance with the queue lane configuration illustrated in the TCM would prevent the site from functioning safely and efficiently as intended, the TCM illustration depicts a configuration that does not reflect modern fueling operations and would result in increased vehicular conflict points, reduced maneuverability and reduced visibility. 2. (a) The hardship for which the variance is requested is unique to the property in that: property is a subject to physical constraints due to configuration including lot, limited lot depth that prevents code required double stack configuration limited lot width which limits safe maneuverability and required residential compatibility buffer along the eastern portion of the site and required storm water detention and water quality infrastructure along the west and heritage tree which will be kept. (b) The hardship is not general to the area in which the property is located because: the combination of site constraints uniquely limits the design flexibility on …
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 …
REGULAR MEETING OF THE BOARD OF ADJUSTMENT MONDAY, March 9, 2026 AT 5:30 P.M. AUSTIN CITY HALL, COUNCIL CHAMBERS, ROOM 1001 301 WEST 2ND STREET AUSTIN, TEXAS Some members of the BOARD OF ADJUSTMENT may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, contact Elaine Ramirez at 512-974-2202 or email elaine.ramirez@austintexas.gov. CURRENT BOARD MEMBERS: ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice-Chair) ___Haseeb Abdullah ___Thomas Ates ___Sameer S Birring ___ Jeffery Bowen ___ Yung-ju Kim CALL TO ORDER PUBLIC COMMUNICATION: GENERAL ___Bianca A Medina-Leal ___Brian Poteet ___Margaret Shahrestani ___Michael Von Ohlen ___Corry L Archer-Mcclellan (Alternate) ___Suzanne Valentine (Alternate) AGENDA The first 4 speakers signed up/register prior (no later than noon the day before the meeting) to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on December 8, 2025 On-Line Link: December 8, 2025 draft minutes PUBLIC HEARINGS Discussion and action on the following cases Previous Postponed cases: 2. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road On-Line Link: ITEM02 ADV PACKET PART1, PART2; PRESENTATION OPPOSITION The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single- Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. 3. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM03 ADV PACKET PART1, PART2; PRESENTATION OPPOSITION …
BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Monday, December 8, 2025 The BOARD OF ADJUSTMENT convened in a Regular meeting on Monday, December 8, 2025, at 301 West 2nd Street in Austin, Texas. Madam Chair Jessica Cohen called the Board of Adjustment Meeting to order at 5:47 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: Thomas Ates, Yung-ju Kim, Sameer S Birring APPROVAL OF MINUTES 1. Approve the minutes of the Board of Adjustment Regular meeting on November 10, 2025 On-Line Link: November 10, 2025 draft minutes The minutes from the meeting on November 10, 2025, were approved on Vice Chair Melissa Hawthorne, Board member Brian Poteet second, on 11-0 Vote. PUBLIC HEARINGS Discussion and action on the following cases Previous Postponed cases: 2. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road On-Line Link: ITEM02 ADV PACKET PART1, PART2 The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty-seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single- Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. The public hearing was closed by Chair Jessica Cohen, Vice Chair Melissa Hawthorne’s motion to postpone to February 9, 2026; Board member Maggie Shahrestani second on 11-0 votes; POSTPONED TO February 9, 2026. 3. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road On-Line Link: ITEM03 ADV PACKET PART1, PART2, PART3 The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to forty-six feet and one inch (46’ 1”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday December 8, 2025 CASE NUMBER: C15-2025-0026 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____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) APPLICANT: Stephen Hawkins OWNER: Red Bud Partners, LP ADDRESS: 1750 CHANNEL RD VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to thirty- seven feet and three inches (37’ 3”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Postpone to September 8, 2025; Vice-Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO September 8, 2025. September 8, 2025 Applicant requested postponement to October 13,2025; Madam Chair Jessica Cohen’s motion to Postpone to October 13, 2025; Board member Corry Archer-Mcclellan second on 10-0 votes; POSTPONED TO October 13, 2025. October 13, 2025 APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025; BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS; November 10, 2025 The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to December 8, 2025; Vice ITEM02/1 Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO December 8, 2025. December 8, 2025 The public hearing was closed by Chair Jessica Cohen, Vice Chair Melissa Hawthorne’s motion to postpone to February 9, 2026; Board member Maggie Shahrestani second on 11-0 votes; POSTPONED TO February 9, 2026. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The …
ITEM02/54 ITEM02/55 ITEM02/56 ITEM02/57 ITEM02/58 ITEM02/59 ITEM02/60 Exhibit A: Image from 09/24/2025 showing the lake depth is 2’9.5” 30 ft from shore 33.5 inches 2 feet 9.5 inches ITEM02/61 Exhibit B: Image from 10/09/2025 showing the lake depth measure 2’1.5” where the hull of a boat would sit with a 30ft long boat dock 25.5 inches 2 feet 1.5 inches ITEM02/62 Exhibit C: Images showing existing structures extend less into the lake than the downstream neighboring dock which is 30ft in length. 1748 dock (downstream) 1748 dock extends much further into the lake Existing 1750 dock Current structure which is 6 inches longer than the proposed is further from the middle of the lake than the adjacent downstream neighbors 30 foot dock. ITEM02/63 Exhibit D: Downstream shoreline curves into the in front of the dock creating several feet of length into the lake. Closeup of neighboring shoreline shows that it protrudes into the lake several feet where the boat dock is. ITEM02/64 Opposition to Variance 2 CASES C15-2025-0026 and C15-2025-0027 1 Site Plan SP-2025-0119D 1750 Channel Rd. & 1752 Channel Rd. By: Bruce & Nellie Slayden, Conforming dock at 1744 Channel Rd. 1 ITEM02/65 1750 Channel Rd - Nonconforming 37’ Existing nonconforming: Never Permitted 1 story Uncovered fishing pier NO watercraft slips 2 ITEM02/66 1752 Channel Rd - Nonconforming 47’ or 46’ 1” Existing nonconforming structure: Never permitted 1-story 1-watercraft slip 47’ Length Proposed nonconforming: • 3 stories across entire structure • 2 watercraft slips • 46’1’ shoreline L is 16’1” (154% of) over statutory 30’ • 22’ W vs. 14’W Existing • 2 flights of stairs • Proposed dimensions and location different than existing 3 ITEM02/67 Applicants Proposed Docks vs. Existing 4 ITEM02/68 NO HARDSHIP Applicants False/Misleading Assumptions for Alleged Hardship Applicant FALSE assumption “‘a modern watercraft’ requires water depth of 4 feet” True: Numerous modern watercraft require much less than 4. “Modern watercraft” operate in 2.5’depths: • Inboard/Outboard Watercraft • Pontoon Watercraft • Tritoon Watercraft • Outboard Watercraft • Jet Watercraft 5 ITEM02/69 Applicants state “‘modern watercraft’ require 4’ water depth; See Aqua Permit, Item 05/8 Presentation, p. 8 True: Modern lifts designed specifically to protect “modern watercraft” in shallow waters only need 2.5’ depth; no excess dredging • Cantilever Lifts extend and retract 3’ to 6’ into lake for launching and docking Modern Watercraft ; e.g. HydroHoist Ultralift for 6500 lbs watercraft, extends 4.5’ into lake, min …
Opposition to Variances C15-2025-0026 and 0027 1 ITEM02/1-PRESENTATION Improperly Enriching Applicants at Public Expense Opposition to Variances C15-2025-0026 and 0027 2 ITEM02/2-PRESENTATION Dredge/Hardship Ignore PE-Stamped Plan & Official GIS Elevations Fig. 2. Applicants’ GIS imagery shows Official City of Austin GIS elevations Dredge charts and volumes Fig. 3. PE-Stamped Site Plan, by Aqua Permits and stamped by Mr. Hamm, shows Austin’s GIS elevations (Aug. 2025 Presentations). Opposition to Variances C15-2025-0026 and 0027 3 ITEM02/3-PRESENTATION Fig. 1. Example of Applicants’ Dredge Charts (Applicants’ Aug. & Nov. 2025 Presentations) Opposition to Variances C15-2025-0026 and 0027 ITEM02/4-PRESENTATION Lakebed Profiles Do Not Match GIS/Site Plan Inflating Dredge to Increase Dock Length Opposition to Variances C15-2025-0026 and 0027 Fig. 4. Applicants’ Lakebed Profiles Do Not Match or Average GIS/ Site Plan Elevations (Applicants’ Aug. & Nov. 2025 Dredge Charts) 5 ITEM02/5-PRESENTATION Agents Stated But Did Not Use Average End Area Calculations More Dredge -> Hardship -> More Surface Area ($0) Opposition to Variances C15-2025-0026 and 0027 6 Fig. 4 Civ. Eng. PE Review of Average End-Area Method ITEM02/6-PRESENTATION Changing Lakebed Profiles for 1750 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM02/7-PRESENTATION Changing Lakebed Profiles for 1752 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM02/8-PRESENTATION
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday December 8, 2025 CASE NUMBER: C15-2025-0027 __Y_____Thomas Ates (D1) __Y_____Bianca A Medina-Leal (D2) __Y_____Jessica Cohen (D3) __Y_____Yung-ju Kim (D4) __Y_____Melissa Hawthorne (D5) __Y_____Haseeb Abdullah (D6) __Y_____Sameer S Birring (D7) __Y_____Margaret Shahrestani (D8) __Y_____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) APPLICANT: Stephen Hawkins OWNER: Tom Davis Jr. ADDRESS: 1752 CHANNEL RD VARIANCE REQUESTED: The applicant has requested variance(s) from the Land Development Code, Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses) (A) (1) to increase the dock length from 30 feet (required) to forty-six feet and one inch (46’ 1”) (requested), in order to erect a boat dock in a “SF-2” Single-Family zoning district. Note: Land Development Code, 25-2-1176 Site Development Regulations for Docks, Marinas, and Other Lakefront Uses (A) A dock or similar structure must comply with the requirements of this subsection. (1) A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to Postpone to September 8, 2025; Vice-Chair Melissa Hawthorne second on 9-0 votes; POSTPONED TO September 8, 2025; September 8, 2025 Applicant requested postponement to October 13,2025; Madam Chair Jessica Cohen’s motion to Postpone to October 13, 2025; Board member Corry Archer-Mcclellan second on 10-0 votes; POSTPONED TO October 13, 2025. October 13, 2025 APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025; BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS, November 10, 2025 The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to postpone to December 8, 2025; Vice Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO December 8, 2025. December ITEM03/1 8, 2025 The public hearing was closed by Chair Jessica Cohen, Chair Jessica Cohen’s motion to postpone to February 9, 2026; Vice Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO February 9, 2026. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not …
ITEM03/43 ITEM03/44 From: To: Subject: Date: Ramirez, Diana FW: Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Monday, August 11, 2025 12:34:59 PM External Email - Exercise Caution Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Please add these pictures to my email ITEM03/45 ITEM03/46 ITEM03/47 ITEM03/48 Re: Strong Objection to Variance Request; Case No. C15-2025-0026; 1750 Channel Road Dear Members of the Board of Adjustments, We, Bruce and Niloofar Slayden, representing the SLAYDEN BRUCE & NELLIE REVOCABLE TRUST at 1744 Channel Road, respectfully submit this letter to express our strong and unequivocal opposition to the variance request submitted by Red Bud Partners LP for the property located at 1750 Channel Road. The request seeks approval to construct a new dock extending 37 feet and 3 inches from the shoreline—substantially exceeding the 30-foot maximum length permitted under the Land Development Code (LDC 25-2-1176). We urge the Board to deny this request. This request is not only excessive and unjustified, but also poses a threat to navigation safety, neighborhood consistency, and surrounding property values. Critically, this variance request is inconsistent with both the letter and the intent of the applicable regulations. 1. Undermining Code’s Intent The variance request proposes a dock length that is 124% of the maximum allowable by code—exceeding the 30-foot limit by a more than 7 feet. The applicant has not provided evidence demonstrating that this increased length is necessary for navigation safety, as required under LDC 25-2-1176. In the absence of such justification, approval would set a troubling precedent and undermine the intent and the integrity of the Code. 2. Navigation Hazard and Community Consistency The proposed 37+ feet, multi-level dock would constitute a significant navigational hazard. It would be the only residential multi-level dock in the area extending nearly 125% of the standard shoreline distance. This outlier configuration deviates dramatically from the existing character of surrounding docks along Lake Austin, which are predominantly conform to code. A new multi-level dock of up to a 30’ height and 37+’ length would obstruct sight lines around the shoreline curve, increasing the risk of boating accidents. The Board must not approve any new structure that compromises boater safety on Lake Austin. ITEM03/49 3. Adverse Impact on Neighboring Properties and the Lake Community Approval of this variance would result in immediate and measurable harm to neighboring properties, including ours. A multi-level dock of this …
Opposition to Variances C15-2025-0026 and 0027 1 ITEM03/1-PRESENTATION Improperly Enriching Applicants at Public Expense Opposition to Variances C15-2025-0026 and 0027 2 ITEM03/2-PRESENTATION Dredge/Hardship Ignore PE-Stamped Plan & Official GIS Elevations Fig. 2. Applicants’ GIS imagery shows Official City of Austin GIS elevations Dredge charts and volumes Fig. 3. PE-Stamped Site Plan, by Aqua Permits and stamped by Mr. Hamm, shows Austin’s GIS elevations (Aug. 2025 Presentations). Opposition to Variances C15-2025-0026 and 0027 3 ITEM03/3-PRESENTATION Fig. 1. Example of Applicants’ Dredge Charts (Applicants’ Aug. & Nov. 2025 Presentations) Opposition to Variances C15-2025-0026 and 0027 ITEM03/4-PRESENTATION Lakebed Profiles Do Not Match GIS/Site Plan Inflating Dredge to Increase Dock Length Opposition to Variances C15-2025-0026 and 0027 Fig. 4. Applicants’ Lakebed Profiles Do Not Match or Average GIS/ Site Plan Elevations (Applicants’ Aug. & Nov. 2025 Dredge Charts) 5 ITEM03/5-PRESENTATION Agents Stated But Did Not Use Average End Area Calculations More Dredge -> Hardship -> More Surface Area ($0) Opposition to Variances C15-2025-0026 and 0027 6 Fig. 4 Civ. Eng. PE Review of Average End-Area Method ITEM03/6-PRESENTATION Changing Lakebed Profiles for 1750 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM03/7-PRESENTATION Changing Lakebed Profiles for 1752 Channel Rd. August 2025 Dredge Profile by Aqua Permits November 2025 Dredge Profile by Aqua Permits Opposition to Variances C15-2025-0026 and 0027 ITEM03/8-PRESENTATION
BOA SIGN REVIEW COVERSHEET CASE: C16-2026-0002 BOA DATE: Monday, March 9th, 2026 ADDRESS: 310, 306, 310 ½, 314, & 320 W 2nd St 301, 311, & 317 W 3rd St and 200, 210, & 212 Lavaca St COUNCIL DISTRICT: 9 OWNER: RHP BLOCK 21, LLC AGENT: Richard T Suttle, Jr ZONING: CBD-CURE-CO LEGAL DESCRIPTION: Lots 1-7, Block 21, Original City VARIANCE REQUEST: maximum sign area for a freestanding sign from 0.5 square feet for each linear foot of street frontage (maximum allowed) to 250 square feet (requested) and to exceed sign height for a freestanding sign of six feet (6 ft) to thirty feet (30 ft) SUMMARY: to allow for a LED Pylon freestanding sign in order to erect signage for ACL Live Events. ISSUES: previously approved sign permit that was never constructed Site CBD-CURE-CO ZONING North CBD South CBD CBD East CBD West LAND USES Central Business-Central Urban Development- Conditional Overlay Central Business Central Business Central Business Central Business NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council City of Austin Downtown Commission Downtown Austin Alliance Downtown Austin Neighborhood Assn. (DANA) Friends of Austin Neighborhoods Homeless Neighborhood Association Old Austin Neighborhood Association Preservation Austin Shoal Creek Conservancy ITEM04 February 23, 2026 Amanda Hendrix 310 W 2nd St Austin TX, 78701 Property Description: PropertyLoc Re: C16-2026-0002 Dear Amanda, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC Section 25-10-129F and LDC 25- 10-129G at 310 W 2nd St. Austin Energy does not oppose this request, provided that any proposed or existing improvements follow Austin Energy’s Clearance and Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashleigh Woolf, MuniProg, Paraprofessional Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 972-8400 ITEM04/1 ITEM04/2 Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. In order to grant your request for a variance, the Board must first …
ITEM04/1-LATE BACKUP SUPP January 16, 2026 City of Austin – Austin Development Services City of Austin Permitting & Development Center 6310 Wilhelmina Delco Drive Austin, Texas 78752 Re: Letter of Support for the Board of Adjustment Sign Variance Application for property located at 200, 210, & 212 Lavaca, 306, 310, 310 ½, 314, & 320 W 2nd Street, 301, 311 & 317 W. 3rd Street (the “Application”) Dear City of Austin: This letter is submitted on behalf of PPF AMLI 4212 West 3rd Street, L.P. regarding the Board of Adjustment Sign Variance application for property located at 200, 210, & 212 Lavaca, 306, 310, 310 ½, 314, & 320 W 2nd Street, 301, 311 & 317 W. 3rd Street, Austin, Travis County, Texas. As the owner of property across the street from the proposed sign, PPF AMLI 4212 West 3rd Street, L.P. supports the sign variance as presented and requests that the Board of Adjustment approve the Application. Should you have any questions, please do not hesitate to contact me. Sincerely, Taylor Bowen President and CEO of AMLI Development Company Docusign Envelope ID: B0CC801A-07C0-47C6-A823-5D232D508B02ITEM04/2-LATE BACKUP SUPP
C16-2026-0002 310 W. 2nd Street ITEM04/1-PRESENTATION PROPOSED SIGN ITEM04/2-PRESENTATION ITEM04/3-PRESENTATION ITEM04/4-PRESENTATION Variances Requested: • LDC Section 25-10-129(F)(2)(a)(Downtown Sign District Regulations) to exceed the maximum sign area limitation for free standing signs which is equal to 0.5 square feet for each linear foot of street frontage to allow for a LED Pylon sign with an area of 250 square feet. • LDC 25-10-129(G)(1) (Downtown Sign District Regulations) to exceed the 6-ft maximum height limitation for a free standing sign to allow for a LED Pylon Freestanding sign with a height of 30-ft. ITEM04/5-PRESENTATION FINDINGS: The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: The sign will be located at the southeast corner of the Property and oriented towards W. 2nd Street and Lavaca. Neighboring properties include City Hall building to the south, Silicon Labs building to the southeast, and AMLI Downtown multi-family building to the east. The City Hall and Silicon Labs buildings are commercial buildings primarily occupied during daytime hours therefore would be minimally impacted by the proposed sign. Additionally, during nighttime hours the sign would have minimal impact as it is comprised of LED Diode lighting which is directional and does not increase in lumines as it travels. The brightness of the LED sign can also be controlled to minimize the impact to neighboring properties during nighttime hours either by using a daily timer or via a light sensor that detects the ambient light in the area and automatically adjusts its brightness accordingly. ITEM04/6-PRESENTATION FINDINGS: The granting of this variance will not substantially conflict with the stated purposes of the sign ordinance, because: The design of the proposed sign does not conflict with the stated purposes of the sign ordinance as the sign will modernize the neighborhood, enhance the aesthetic value of the City, and is consistent with the urban character of the downtown 2nd Street District. The 2nd Street District consists of six downtown blocks that were developed through a series of public-private partnerships with the City of Austin and over time has become a destination and key piece of the fabric of downtown Austin. The district is known for its walkable streetscapes and is flanked with local retail and restaurant uses at the ground level and office and multi-family uses above to create an environment where both residents and visitors can live, work, and play. The proposed sign will be …
BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0003 BOA DATE: Monday, March 9th, 2026 ADDRESS: 8506 & 8507 Walhill Cv OWNER: Yair Cohen Hoshen COUNCIL DISTRICT: 10 AGENT: Luke Caraway ZONING: SF-3 LEGAL DESCRIPTION: LOT 61-62 TWIN MESA VARIANCE REQUEST: decrease the interior yard setback from five feet (5 ft.) to one foot (1ft.) SUMMARY: complete a detached garage and single-family residence ISSUES: single-family residence & detached garage constructed across lot lines & topography ZONING LAND USES Site North South East West SF-3 SF-3 SF-3 SF-3 SF-3 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Bull Creek Foundation Friends of Austin Neighborhoods NW Austin Neighbors Northwest Austin Civic Association TNR BCP – Travis County Natural Resources ITEM05 February 23, 2026 Luke Caraway 8506 Walhill Cv Austin TX, 78759 Property Description: LOT 61-62 TWIN MESA Re: C15-2026-0003 Dear Luke, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from LDC Section 25-2-492 at 8506 Walhill CV. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. All signage will need to stay out of Austin Energy easements and 5’ from existing underground electric lines. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements, which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashley Robinson, Project Assistant Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 ITEM05/1 ITEM05/2 ITEM05/3 ITEM05/4 ITEM05/5 BOA Narrative Background/Additional Information An existing single-family residence and detached garage were constructed in 1991 across both 8506 and 8507 Walhill Cove (Lots 61 and 62 of the Twin Mesa Subdivision). Both properties were sold and acquired together by the current owner, Yair Hoshen Cohen, in 2022. The existing residence at 8506 Walhill Cove remains in place and is planned to be sold. The freestanding garage that previously served this house, which was located on 8507 Walhill Cove, has been demolished, and construction has begun on a new residential structure on that lot that will include …
C15-2026-0003 8506 & 8507 Walhill Cove Presenter: Luke Caraway 3/9/2026 2026-000001 BA ITEM05/1-PRESENTATION Original Site Current Lot Configurations • Address: 8506 & 8507 Wahill Cove in Northwest Austin • Zoning: SF-3 • Existing Structures: • 8506 Walhill (Lot 62): 2,500 sf, construced in 1991 • 8507 Walhill (Lot 61): Detached Garage ITEM05/2-PRESENTATION Variance Request • LDC 25-2-492, reducing interior side yard setback from 5' to 1'. Proposed Site Plan (Under Construction) ITEM05/3-PRESENTATION Challenge #1: Topography & Soil Conditions • 8506 Walhill Elevation change across property: 65 ft (808’ to 743’) • 8507 Walhill Elevation change across property: 47 ft (805’ to 758’) • USGS Soil Type: Brackett-Rock outcrop-Real complex, 8 to 30 percent slopes Back side of 8506 Walhill Cove Elevation change across 8506 and 8507 Walhill ITEM05/4-PRESENTATION Challenge #1:Access/ Accessibility • Both 8506 & 8507 are located at the end of a cul-de-sac Street View of 8506 and 8507 Walhill Accessible route to 8506 Walhill ITEM05/5-PRESENTATION Intent of Code Newly constructed detached garage & new residential structure at 8507 Walhill Cove ITEM05/6-PRESENTATION
BOA GENERAL REVIEW COVERSHEET CASE: C15-2026-0006 BOA DATE: Monday, March 9th, 2026 ADDRESS: 4301 Manzanillo Dr OWNER: Cole Stewart COUNCIL DISTRICT: 8 AGENT: N/A ZONING: SF-2 LEGAL DESCRIPTION: LOT 1 BLK Z MAPLE RUN SEC 3 VARIANCE REQUEST: 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) SUMMARY: maintain 8 ft fence ISSUES: corner lot, sloping lot with opposing grade changes ZONING LAND USES Site North South East West SF-2 SF-2 SF-2 SF-2 SF-2 Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Circle C Neighborhood Assn Deer Park Owners Association, Inc. Friends of Austin Neighborhoods Homeless Neighborhood Association Maple Run-Wheeler Creek-Woodstone Village Oak Hill Association of Neighborhoods (OHAN) Onion Creek Homeowners Assoc Preservation Austin Save Barton Creek Assn Save Our Springs Alliance South Austin Neighborhood Alliance (SANA) TNR BCP – Travis County Natural Resources ITEM06 February 23, 2026 Cole Stewart 4301 Manzanillo Dr Austin TX, 78749 Property Description: LOT 1 BLK Z MAPLE RUN SEC 3 Re: C15-2026-0006 Dear Cole, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC, Section 25-2-899 at 4301 Manzanillo Dr. https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25LADE_CH 25-2ZO_SUBCHAPTER_CUSDERE_ART1GEPR_S25-2-472BOADVAAU Austin Energy does not oppose this request, provided that any proposed or existing improvements follow Austin Energy’s Clearance and Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashleigh Woolf, Project Assistant Austin Energy Infrastructure Support Services 4815 Mueller Blvd Austin, TX 78723 (512) 972-8400 ITEM06/1 ITEM06/2 Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot …
Utility Pole City-owned utility pole located adjacent to the fence line as shown on the survey. ITEM06/13 Drainage Easement Drainage easement located behind the property creating an open corridor consistent with the recorded survey. ITEM06/14
Fence Height Variance Request Case No: C15-2026-0006 4301 Manzanillo Drive Austin, Texas Applicant: Cole Stewart ITEM06/1-PRESENTATION Corner Lot Configuration Subject property has frontage on Manzanillo Drive and Eskew Drive ITEM06/2-PRESENTATION Physical Site Conditions • 31-inch cumulative grade change • Fence measures 91-95 inches from grade • Drainage easement and adjacent utility infrastructure 86 ft Drop: 23.75 in 48 ft Drop: 7.25 in ITEM06/3-PRESENTATION Limited Scope and No Public Impact • Over-height segments limited to side and rear yard • Fence remains outside public right-of-way • No obstruction of corner visibility ITEM06/4-PRESENTATION
BOA INTERPRETATION APPEAL COVERSHEET CASE: C15-2026-0005 BOA DATE: Monday, March 9th, 2026 ADDRESS: 205 E 34th St COUNCIL DISTRICT: 9 APPELLANT: Peter Journeay-Kaler PERMIT HOLDER/OWNER: JBD CR HOLDING, LLC. ZONING: SF-3-NCCD-NP (NUNA) LEGAL DESCRIPTION: LOT 3 BLK 19 DIV D HARRIS SIDON RESUB OF GROOMS ADDN APPEAL REQUEST: 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. SUMMARY: any proposed development must comply with the provisions of the NCCD ISSUES: application is incomplete, and the plan set No. 2025-140201PR does not demonstrate full compliance with relevant regulations. ZONING LAND USES Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council CANPAC (Central Austin Neigh Plan Area Committee) Friends of Austin Neighborhoods Homeless Neighborhood Association North University Neighborhood Association North University Neighborhood Development Review Committee Preservation Austin ITEM07 February 23, 2026 Peter Journeay-Kaler 205 E 34th St Austin TX, 78705 Property Description: LOT 3 BLK 19 DIV D HARRIS SIDON RESUB OF GROOMS ADDN Re: C15-2026-0005 Dear Peter, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider an Interpretation for Permit No. 2025-140201 PR. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. All signage will need to stay out of Austin Energy easements and 5’ from existing underground electric lines. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Ashley Robinson, Project Assistant Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 ITEM07 ITEM07/1 - APPELLANT Development Services Department interpretation is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ I feel the correct interpretation is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Findings The Board must determine the existence of, sufficiency of and weight of evidence supporting the findings described …
ITEM07/35 - APPELLANT Attachment N: Construction Access and Site Access Conditions Narrow Alley Shown Adjacent to Rear of Site with Limited Clear Width No Construction Access Route Shown from Front of Site to Building 2 No Curb Cut Along E 34th Street Frontage ITEM07/36 - APPELLANT CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM02 DATE: Monday October 13, 2025 CASE NUMBER: C15-2025-0035 ___Y____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___Y____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___Y____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___-____Michael Von Ohlen (D10) ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPELLANT: Bob Kaler and Carol Journeay OWNER: Kateryna Luschchenko ADDRESS: 205 34TH ST APPEAL REQUESTED: The appellant has filed an appeal challenging the approval of a building permit (BP No. 2025-072930) 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 failed to comply with applicable zoning regulations, including requirements of the North University Neighborhood Conservation-Neighborhood Plan (NCCD-NP) Combining District (Ordinance No. 040826-58) and/or Chapter 25-2 relating to required setbacks, limits on gross floor area, and other site development standards, as well as requirements for development applications in Section 25- 1-82 (Non-Subdivision Application Requirements and Expiration). Ordinance No. 040826-58 North University Neighborhood Conservation Combining District Section 3 - Street yard setbacks. Front yard setback. The minimum front yard setback equals the average of the front yard setbacks of the principal Note: Part 6 General Provisions. Except as otherwise provided in this ordinance, the following provisions apply to all property within the NCCD-NP. This section does not apply to Waller Creek/Seminary District 7 or District 7A. a. single-family buildings on the same side of the street of a block. The maximum setback may not exceed the average setback by more than five feet. Part 7 RESIDENTIAL DISTRICT. The Residential District is intended to protect the original buildings and development patterns of the neighborhood that were established for residential use. Single family homes and some of the older multi-family structures were built in the context of the traditional development patterns. New residential development should respect traditional patterns including building orientation, scale, height, setbacks and parking location. ITEM07/37 - APPELLANT 1. regulations apply. Site Development standards table. …
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ITEM07/202 - APPELLANT ITEM07/203 - APPELLANT ITEM07/204 - APPELLANT 20' ALLEY 0.3' 1/2" IRF N 60° 00' 00" W 52.00' UTILITY POLE GUY ANCHOR T N E C A J D A I G N D L I U B 12.6' 12.5' 0.3' 0.2029 AC. 8,840 SQ. FT. LOT 5 LOT 4 T N E C A J D A E C N E D S E R I ADJACENT RESIDENCE ' 0 0 . 0 7 1 W " 0 0 ' 0 0 ° 0 3 S 4.3' 0.9' 3.3' 2.0' 2.0' 3.1' VACANT LOT 205 E. 34TH STREET LOT 3, BLOCK 19 GROOMS ADDITION 0.9' "X" FOUND IN STONE 3.8' T N E C A J D A I G N D L I U B 3.9' 3.4' ' 0 0 . 8.4' 0 7 1 E " 0 0 ' 0 0 ° 0 3 N 9.0' LOT 2 LOT 1 ADJACENT RESIDENCE T N E C A J D A E C N E D S E R I RESIDENCE SETBACK ON LOT 5 - 26.1' FROM E. 34TH STREET RESIDENCE SETBACK ON LOT 4 - 26.4' FROM E. 34TH STREET RESIDENCE SETBACK ON LOT 2 - 25.5' FROM E. 34TH STREET RESIDENCE SETBACK ON LOT 1 - 19.6' FROM E. 34TH STREET CM 1/2" IRF N.E. COR. LOT 4 S 60° 00' 00" E 52.00' 5/8" IRF S 60° 00' 00" E 52.00' (ASSUMED REF. BEARING) 1/2" IPF CM 1/2" IRF N.W. COR. LOT 1 N 60° 00' 00" W 52.00' "X" FOUND N 60° 00' 00" W 52.00' WATER METER W UTILITY POLE E. 34TH STREET (60' R.O.W.) LEGEND: BARBWIRE FENCE CHAINLINK FENCE METAL FENCE WOOD FENCE VINYL FENCE ELECTRIC LINE ASPHALT = CONCRETE = GRAVEL = TILE = WOOD = GM = GAS METER EM = ELECTRIC METER IPF = IRON PIPE FOUND IRS = IRON ROD SET WITH "PREMIER" CAP IRF = IRON ROD FOUND CM = CONTROLLING MONUMENT (WOOD) RAILROAD TIE = STONE = BRICK = NOTES: BEARINGS ARE ASSUMED. AVERAGE SETBACKS OF ADJOINING RESIDENCES = 24.4'. 0' 10' 20' 40' SCALE: 1"= 20' LEGAL DESCRIPTION: BEING LOT 3, BLOCK 19, GROOMS ADDITION, AN ADDITION TO TRAVIS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 276, PAGE 235, DEED RECORDS, TRAVIS COUNTY, TEXAS. TECH FIELD MSP JT SURVEYOR'S CERTIFICATION: THIS IS TO DECLARE THAT ON THIS DATE A …