CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday October 13, 2025 CASE NUMBER: C15-2025-0026 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Haseeb Abdullah (D6) _______Sameer S Birring (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______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 ITEM04/1 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 general to the area in which the property is located because: 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: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair forITEM04/2 1752 Channel Road Dredge Exhibit: To …
ITEM04/46 ITEM04/47 ITEM04/48 ITEM04/49 ITEM04/50 ITEM04/51 ITEM04/52 ITEM04/53 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 ITEM04/54 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 ITEM04/55 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. ITEM04/56 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. ITEM04/57 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 ITEM04/58 1750 Channel Rd - Nonconforming 37’ Existing nonconforming: Never Permitted 1 story Uncovered fishing pier NO watercraft slips 2 ITEM04/59 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 ITEM04/60 Applicants Proposed Docks vs. Existing 4 ITEM04/61 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 ITEM04/62 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, …
November 10, 2025 Nellie Slayden, University of Texas, Austin, B.S. Petroleum Engineering, EIT Adversely Impacted Neighbor 1744 Channel Road, Austin, Texas 78746 5 The Honorable Members of the Board of Adjustment City of Austin, Texas P.O. Box 1088 Austin, Texas 78767 Re: Opposition to Variance Requests for 1750 & 1752 Channel Road; Case Nos. C15-2025-0026 & 0027 Dear Madam Chair and Honorable Board Members: I am a Petroleum Engineer (B.S. Petroleum Engineering, University of Texas at Austin) and professionally trained in the analytical methods used to determine dredge volumes. (See Section VII for details.) These are standard engineering techniques used across petroleum, civil, and architectural engineering disciplines. Because these calculations are fundamental to engineering design, my education and experience directly qualify me to evaluate dredge-volume analyses and identify when they deviate from accepted engineering standards or employ misleading assumptions. I. VOLUNTARY RELINQUISHMENT OF GRANDFATHERED RIGHTS AND ARBITRARY RE-EXPANSION Unlike upstream neighbors —also represented by Applicants' Agent— Applicants are voluntarily demolishing and relinquishing two grandfathered dock footprints. They now seek to recapture and enlarge those relinquished footprints by presenting manipulated dredge data to inflate calculated dredge volumes beyond the statutory 25 cubic-yard limit. This is an attempt to make an end-run around LDC § 25-2-1176. We urge the Board to follow Board precedent that requires credible engineering evidence to determine the minimum lengths of the docks that respect the public’s navigation safety. See, e.g., the Board’s precedent relying upon the Professional Engineering Analysis of Professional Engineer Janice Smith in Variance C15-2019-0047 and in Variance C15-2019-0010. ITEM04/1 LATE BACKUP OPP II. ADMISSIONS UNDERMINE CLAIMED HARDSHIP Applicants concede that a dredge volume of 24 to 25 cubic yards provides navigation safety and eliminates any alleged hardship under § 30-5-652: “In most cases where the lake is shallow and a new boat dock is proposed, the allowable 25 cubic yards of dredge per LDC 25-2-1176(A)(1) is sufficient to allow navigational safety.” — Applicants’ Letter to the Board, Aug. 18, 2025 (Exhibit B). This admission directly contradicts Applicants’ asserted hardship. III. APPLICANTS FAIL TO CALCULATE MINIMUM DOCK LENGTHS CONSISTENT WITH 25 CUBIC-YARD DREDGE LIMIT AS REQUIRED FOR LDC 25-2-1176 VARIANCES This Board has properly balanced competing interests before, and granted variances when licensed professional engineers offered credible, trustworthy documentation that the dock length (greater than 30’) is minimized to yield a dredge volume just less than 25 cubic yards. This Board has endorsed 24 cubic …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: Monday November 10, 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 Chair Melissa Hawthorne second on 11-0 votes; POSTPONED TO December 8, 2025. 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 general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming …
BOA Variance Presentation: Property Address: 1750 Channel Road, Austin, TX 78746 Case Number: C15-2025-0026 Site Plan #: SP-2025-0119D Presenter: Jon Fichter, Aqua Permits ITEM04/1-PRESENTATION 1750 Channel Road: ITEM04/2-PRESENTATION Seeking Variance From: LDC 25-2-1176(A)(1): "A dock may extend up to 30 feet from the shoreline [into the lake], 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" To Allow For: -The permitting and construction of a NEW boat dock 37' 3" from the shoreline into the lake. ITEM04/3-PRESENTATION 1750 Channel Road ITEM04/4-PRESENTATION 1750 Channel Road ITEM04/5-PRESENTATION 1750 Channel Road ● ● ● ● Shown here is the site as seen today in an image taken from City of Austin GIS. The existing boat dock was constructed in the early 1980’s and is a grandfathered structure. The existing boat dock extends 37’ 9” from the shoreline. The existing boat dock is being removed and replaced with a new boat dock in the same general location. This new boat dock design conforms to all current code requirements, including height allowances, in regards to boat docks on Lake Austin. ITEM04/6-PRESENTATION 1750 Channel Road ● This image shows the neighboring dock to the east of the existing dock at 1750 Channel Road. ● Most of the neighboring boat docks have all existed in a non-compliant, but grandfathered form, for at least 40 years or more. ● These docks historically have been constructed to extend greater than 30’ from the shoreline due to shallow conditions ● Modern watercraft requires at least 4 ft. of water depth to operate - in this area the water depth is too shallow inside of the 30’ setback. ITEM04/7-PRESENTATION 1750 Channel Road The maximum length from shoreline allowed for a boat dock in Land Development Code 25-2-1176(A)(6) is insufficient in its application for this property. Due to the existing shallow lake conditions along this stretch of Lake Austin, the dock will need to be constructed at a greater length than the allowable 30’ from shoreline. Dredging of the lake bed is restricted to 25 cubic yards per address by code - in this location the amount of dredge needed to create basic navigability would exceed that amount (see below exhibit). Therefore, building deeper into the lake is required. ITEM04/8-PRESENTATION 1750 Channel Road ● Our proposed site plan (SP-2025-0119D, currently in review) proposes a new boat …
Opposition to Variance Cases 2 Variances, 2 Applicants 2 Addresses C15-2025-0026 Red Bud LP 1750 Channel Rd. C15-2025-0027 Tom Davis III 1752 Channel Rd. 1 Site Plan SP-2025-0119D By: Bruce* & Nellie*+ Slayden, Conforming neighboring dock Date: October 30, 2025 * Licensed Intellectual Property Attorney in good standing with State Bar of Texas and US Patent & Trademark Office + B.S. Petroleum Engineering, Univ. of Texas at Austin + Engineering experience involving geology, navigable waterways, depositional systems. Core UT Courses and On-Site Studies involving Edwards Plateau 1 ITEM04/1-PRESENTATION OPPOSITION Reasonable Use Summary Board Inquiry Reasonable Use: The zoning regulations applicable to the property do not allow for a reasonable use because: Applicants’ Response The maximum length from shoreline allowed for a boat dock is a navigational hazard, due to the naturally existing shallow conditions of Lake Austin in this area. Similar neighboring properties have addressed this unique environmental feature for decades by building their boat docks further into the lake Objections The proposed maximum length from shoreline for a new LDC 25-2-1172 new construction, unreasonably interferes with a preferred travel path in the highest congested area of a public navigable waterway and thus unreasonably impedes Texas’ laws that protect navigation safety. Local zoning regulations do allow for a reasonable use. Numerous watercraft and lift options are readily available and would enable Applicant to comply with 30 foot zoning regulation limits. ITEM04/2-PRESENTATION OPPOSITION Hardship (a) Summary Board Inquiry Hardship: a) The hardship for which the variance is requested is unique to the property in that: Applicants’ Response The bathymetry of Lake Austin in this area is uniquely shallow, due to annual sedimentary deposits caused by neighboring property’s runoff. Objections The bathymetry of Lake Austin in this area is NOT uniquely shallow. Numerous conforming docks in this and many other areas of Lake Austin are similarly situated vis-a-vis same or similar depth contours, as shown on Austin’s ArcGis. The LDC anticipates and alleviates this hardship. LDC allows applicants to repair and modify grandfathered structures in deeper water. The Board should not grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. ITEM04/3-PRESENTATION OPPOSITION Hardship (b) Summary Board Inquiry Hardship: b) The hardship is not general to the area in which the property is located because: Applicants’ Response The homeowners are seeking no special privilege to shoreline use not already given …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday October 13, 2025 CASE NUMBER: C15-2025-0027 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Haseeb Abdullah (D6) _______Sameer S Birring (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______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 ITEM05/1 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 general to the area in which the property is located because: 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: Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair forITEM05/2 1752 Channel Road Dredge Exhibit: To ensure safe …
ITEM05/32 ITEM05/33 ITEM05/34 ITEM05/35 ITEM05/36 ITEM05/37 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 ITEM05/38 ITEM05/39 ITEM05/40 ITEM05/41 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. ITEM05/42 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 …
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 depth 2.5’ • Articulating Lifts • Extending Lifts 6 ITEM05/63 7 ITEM05/64 Cantilever Lifts prevalent on Lake Austin HydroHoist Ultra Cantilever Lift; 6500 lbs watercraft, travels 54”, 2.5’ depth Only 8.17 Cu Yds Dredge Volume Less than 25 Cu Yds No dredging needed past ~17.5’ from shoreline Methodology: 2.5’ Depth (Red Line at 490.3’ ) applied to Applicant Data; Intersects “Existing Profile of Lake Bed” at 17.5’ shoreline L, eliminating dredging from 17.5’ to 30’ Using above data for Average End Area Calculation, Dredge Volume = (Ave Height 0.9’ x 14’W x 17.5’ L ) = 220.5 Cu Ft = 8.17 Cu Yds 2.5 requires only 8.17 Cu. Yds of dredge across 17.5’ from shoreline 8 ITEM05/65 Cantilever Lifts prevalent on Lake Austin HydroHoist Ultra Cantilever Lift; 6500 lbs watercraft, travels 54”, 2.5’ depth Only 9.72 Cu Yds Dredge Volume Less than 25 Cu Yds No dredging needed past ~17.5’ from shoreline Methodology: 2.5’ Depth (Red Line at 490.3’) applied to Applicant Data; Intersects “Existing Profile of Lake Bed” at 15’ shoreline L, eliminating dredging from 15’ to 30’ Using above data for Average End Area Calculation, Dredge Volume = (Ave Height, Bulkhead & 15’) 1.25’ x 14’W x 15’ L = 9.72 Cu Yds 2.5’ Depth requires only 9.72 Cu. Yds of dredge across 15.0’ from shoreline 9 ITEM05/66 NO HARDSHIP (1750) Applicants Apply False/Misleading Data FALSE TRUE ‘Modern Watercraft’ require water depth of 4 ft” Forces excessive dredging greater than 25 Cu Yds Dredge Volume: 31.01 Cu Yds Modern lifts specifically designed to store, launch and dock 6500 lbs modern watercraft in shallow waters; 2.5’ depths ; Cradle travels 4.5’ Cantilever Lift Significantly Reduce Dredging Dredge Volume: 8.17 Cu Yds Average End Area Calculation using Applicants’ Data at 2.5’ Depth 10 ITEM05/67 NO HARDSHIP (1752) Applicants Apply False/Misleading Data FALSE TRUE ‘Modern Watercraft’ require water depth of 4 ft” Forces excessive dredging greater than 25 Cu Yds Dredge Volume: 42.18 Cu Yds Modern lifts specifically designed to store, launch and dock 6500 lbs …
November 10, 2025 Nellie Slayden, University of Texas, Austin, B.S. Petroleum Engineering, EIT Adversely Impacted Neighbor 1744 Channel Road, Austin, Texas 78746 The Honorable Members of the Board of Adjustment City of Austin, Texas P.O. Box 1088 Austin, Texas 78767 Re: Opposition to Variance Requests for 1750 & 1752 Channel Road; Case Nos. C15-2025-0026 & 0027 Dear Madam Chair and Honorable Board Members: I am a Petroleum Engineer (B.S. Petroleum Engineering, University of Texas at Austin) and professionally trained in the analytical methods used to determine dredge volumes. (See Section VII for details.) These are standard engineering techniques used across petroleum, civil, and architectural engineering disciplines. Because these calculations are fundamental to engineering design, my education and experience directly qualify me to evaluate dredge-volume analyses and identify when they deviate from accepted engineering standards or employ misleading assumptions. I. VOLUNTARY RELINQUISHMENT OF GRANDFATHERED RIGHTS AND ARBITRARY RE-EXPANSION Unlike upstream neighbors —also represented by Applicants' Agent— Applicants are voluntarily demolishing and relinquishing two grandfathered dock footprints. They now seek to recapture and enlarge those relinquished footprints by presenting manipulated dredge data to inflate calculated dredge volumes beyond the statutory 25 cubic-yard limit. This is an attempt to make an end-run around LDC § 25-2-1176. We urge the Board to follow Board precedent that requires credible engineering evidence to determine the minimum lengths of the docks that respect the public’s navigation safety. See, e.g., the Board’s precedent relying upon the Professional Engineering Analysis of Professional Engineer Janice Smith in Variance C15-2019-0047 and in Variance C15-2019-0010. ITEM05/1-LATE BACKUP OPP II. ADMISSIONS UNDERMINE CLAIMED HARDSHIP Applicants concede that a dredge volume of 24 to 25 cubic yards provides navigation safety and eliminates any alleged hardship under § 30-5-652: “In most cases where the lake is shallow and a new boat dock is proposed, the allowable 25 cubic yards of dredge per LDC 25-2-1176(A)(1) is sufficient to allow navigational safety.” — Applicants’ Letter to the Board, Aug. 18, 2025 (Exhibit B). This admission directly contradicts Applicants’ asserted hardship. III. APPLICANTS FAIL TO CALCULATE MINIMUM DOCK LENGTHS CONSISTENT WITH 25 CUBIC-YARD DREDGE LIMIT AS REQUIRED FOR LDC 25-2-1176 VARIANCES This Board has properly balanced competing interests before, and granted variances when licensed professional engineers offered credible, trustworthy documentation that the dock length (greater than 30’) is minimized to yield a dredge volume just less than 25 cubic yards. This Board has endorsed 24 cubic yards of …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM05 DATE: Monday November 10, 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. 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 general to the area in which the property is located because: 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 …
BOA Variance Presentation Property Address: 1752 Channel Road, Austin, TX 78746 Case Number: C15-2025-0027 Site Plan #: SP-2025-0119D Presenter: Jon Fichter, Aqua Permits ITEM05/1-PRESENTATION 1752 Channel Road: ITEM05/2-PRESENTATION Seeking Variance From: LDC 25-2-1176(A)(1): "A dock may extend up to 30 feet from the shoreline [into the lake], 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" To Allow For: -The permitting and construction of a NEW dock that extends 46' 1" from the shoreline into the lake. ITEM05/3-PRESENTATION 1752 Channel Road ITEM05/4-PRESENTATION 1752 Channel Road ● ● ● ● Shown here is the site as seen today in an image taken from City of Austin GIS. The existing boat dock was constructed between 1960-1970 and is a grandfathered structure. The existing boat dock extends 49’ 9” from the shoreline. The existing boat dock is being removed and replaced with a new boat dock in the same general location. This new boat dock design conforms to all current code requirements, including height allowances, in regards to boat docks on Lake Austin. ITEM05/5-PRESENTATION 1752 Channel Road ● This image taken from the existing dock at 1752 shows the neighbor dock to the west along this stretch of lake channel ● Most of the neighboring boat docks have all existed in a non-compliant, but grandfathered form, for at least 40 years or more. ● These docks historically have been constructed to extend greater than 30’ from the shoreline due to shallow lake conditions. ● Modern watercraft requires at least 4 ft. of water depth to operate - in this area the water depth is too shallow inside of the 30’ setback. 49’9” ITEM05/6-PRESENTATION 1752 Channel Road The maximum length from shoreline allowed for a boat dock in Land Development Code 25-2-1176(A)(6) is insufficient in its application for this property. Due to the existing shallow lake conditions along this stretch of Lake Austin, the dock will need to be constructed at a greater length than the allowable 30’ from shoreline. Dredging of the lake bed is restricted to 25 cubic yards per address by code - in this location the amount of dredge needed to create basic navigability would exceed that amount (see below exhibit). Therefore, building deeper into the lake is required. ITEM05/7-PRESENTATION 1752 Channel Road ● Our proposed site plan (SP-2025-0119D, currently in review) proposes a …
Opposition to Variance Cases 2 Variances, 2 Applicants 2 Addresses C15-2025-0026 Red Bud LP 1750 Channel Rd. C15-2025-0027 Tom Davis III 1752 Channel Rd. 1 Site Plan SP-2025-0119D By: Bruce* & Nellie*+ Slayden, Conforming neighboring dock Date: October 30, 2025 * Licensed Intellectual Property Attorney in good standing with State Bar of Texas and US Patent & Trademark Office + B.S. Petroleum Engineering, Univ. of Texas at Austin + Engineering experience involving geology, navigable waterways, depositional systems. Core UT Courses and On-Site Studies involving Edwards Plateau 1 ITEM05/1-PRESENTATION OPPOSITION Reasonable Use Summary Board Inquiry Reasonable Use: The zoning regulations applicable to the property do not allow for a reasonable use because: Applicants’ Response The maximum length from shoreline allowed for a boat dock is a navigational hazard, due to the naturally existing shallow conditions of Lake Austin in this area. Similar neighboring properties have addressed this unique environmental feature for decades by building their boat docks further into the lake Objections The proposed maximum length from shoreline for a new LDC 25-2-1172 new construction, unreasonably interferes with a preferred travel path in the highest congested area of a public navigable waterway and thus unreasonably impedes Texas’ laws that protect navigation safety. Local zoning regulations do allow for a reasonable use. Numerous watercraft and lift options are readily available and would enable Applicant to comply with 30 foot zoning regulation limits. ITEM05/2-PRESENTATION OPPOSITION Hardship (a) Summary Board Inquiry Hardship: a) The hardship for which the variance is requested is unique to the property in that: Applicants’ Response The bathymetry of Lake Austin in this area is uniquely shallow, due to annual sedimentary deposits caused by neighboring property’s runoff. Objections The bathymetry of Lake Austin in this area is NOT uniquely shallow. Numerous conforming docks in this and many other areas of Lake Austin are similarly situated vis-a-vis same or similar depth contours, as shown on Austin’s ArcGis. The LDC anticipates and alleviates this hardship. LDC allows applicants to repair and modify grandfathered structures in deeper water. The Board should not grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. ITEM05/3-PRESENTATION OPPOSITION Hardship (b) Summary Board Inquiry Hardship: b) The hardship is not general to the area in which the property is located because: Applicants’ Response The homeowners are seeking no special privilege to shoreline use not already given …
CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM03 DATE: Monday October 13, 2025 CASE NUMBER: C15-2025-0036 _______Thomas Ates (D1) _______Bianca A Medina-Leal (D2) _______Jessica Cohen (D3) _______Yung-ju Kim (D4) _______Melissa Hawthorne (D5) _______Haseeb Abdullah (D6) _______Sameer S Birring (D7) _______Margaret Shahrestani (D8) _______Brian Poteet (D9) _______Michael Von Ohlen (D10) _______Jeffery L Bowen (M) _______Corry L Archer-mcclellan (Alternate) (M) _______Suzanne Valentine (Alternate) (M) _______VACANT (Alternate) (M) APPLICANT: Josh Myers OWNER: Josh Myers ADDRESS: 12302 SPLIT RAIL PKWY 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 front yard setback from 25 feet (required) to 5 feet (requested) in order to maintain a Carport in a “SF-2”, Single-Family zoning district. BOARD’S DECISION: APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 10, 2025 BOARD MEMBERS APPROVED POSTPONEMENT TO November 10, 2025, NO OBJECTIONS 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 general to the area in which the property is located because: 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: ITEM06/1 Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair forITEM06/2 BOA GENERAL REVIEW COVERSHEET CASE: C15-2025-0036 BOA DATE: Monday, October 13th, 2025 ADDRESS: 12302 Split Rail Pkwy OWNER: Joshua Myers COUNCIL DISTRICT: 6 AGENT: N/A ZONING: SF-2 LEGAL DESCRIPTION: VILLAGE 2 AT ANDERSON MILL, BLOCK M, LOT 1 VARIANCE REQUEST: LDC, Section 25-2-492 (Site Development Regulations) from setback requirements to decrease the front yard setback from 25 feet to 5 feet. SUMMARY: maintain a Carport ISSUES: corner lot & layout of home 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: Anderson Mill Neighborhood Association Friends of Austin Neighborhoods Long Canyon Homeowners Assn. Mountain Neighborhood Association (MNA) ITEM06/3 September 25, 2025 Josh Myers 12302 Split Rail Pkwy Austin TX, 78750 Property Description: VILLAGE 2 AT ANDERSON MILL, BLOCK M, LOT 1 Re: C15-2025-0036 Dear Josh Myers, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the …
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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM06 DATE: Monday November 10, 2025 CASE NUMBER: C15-2025-0036 __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: Josh Myers OWNER: Josh Myers ADDRESS: 12302 SPLIT RAIL PKWY 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 front yard setback from 25 feet (required) to 5 feet (requested) in order to maintain a Carport in a “SF-2”, Single-Family zoning district. BOARD’S DECISION: 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 Approve with conditions that the carport remain open all 3 sides and add gutters to the side of the adjacent property owner; Vice Chair Melissa Hawthorne second on 11-0 votes; GRANTED WITH CONDITIONS THAT THE CARPORT REMAIN OPEN ALL 3 SIDES AND ADD GUTTERS TO THE SIDE OF THE ADJACENT PROPERTY OWNER. FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: the lot is a corner lot, due to the layout of the lot it was not possible for the original builder to comply with the required 25’ setback at the actual front of the home so the side of the home was called the front and the front of the home was called the side which allowed the builder to reduce the setback at the actual front of the home. 2. (a) The hardship for which the variance is requested is unique to the property in that: the side of the home being treated as the front of the home makes any modifications or additions to the side of the home a hardship as the longer setback requirement is being applied to the wrong side of the home. (b) The hardship is not general to the area in which the property is located because: the majority of homes in this area are only subject to one 25’ front setback requirement and the front of the hones are considered …
BOA SIGN REVIEW COVERSHEET CASE: C16-2025-0007 BOA DATE: November 10th, 2025 ADDRESS: 7501 N Capital of Tx Hwy NB COUNCIL DISTRICT: 10 OWNER: Reserve at Bull Creek LLC, Federico Wilensky ZONING: GO-CO, LR-CO AGENT: Alexa Rosselot LEGAL DESCRIPTION: LOT 1 BLK A, REPLAT OF CONTINUUM OFFICE PARK VARIANCE REQUEST: LDC, Section 25-10-124 (Scenic Roadway Sign District Regulations), (B) to allow more freestanding signs from one (1) (maximum allowed) to one (1) additional (requesting); a total of two free-standing signs in order to provide signage for AVES/Ethos Veterinary Clinic SUMMARY: erect a Freestanding sign for AVES/Ethos Veterinary Clinic. ISSUES: topography and landscaping ZONING Site North MF-2-CO, LR, LO GO-CO, LR-CO South LO-CO East West SF-3 PUD LAND USES General Office, Neighborhood Commercial Multi-Family, Neighborhood Commercial, Limited Office Limited Office Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Bull Creek Foundation Bull Creek Homeowners Assn. Friends of Austin Neighborhoods Long Canyon Phase II & III Homeowners Assn Inc NW Austin Neighbors Northwest Austin Civic Association River Place HOA TNR – BCP Travis County Natural Resources 2222 Coalition of Neighborhoods Association, Inc ITEM07/1 Board of Adjustment Sign Variance Application WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field ; Shift+ Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. All information is required (if applicable). For Office Use Only I Case# (16-2025-0007 ROW# __ 1 .. 3 ... 5 .... 9..,.7 ... 5 ... 0_2.__ Tax# 0145090601 I Section 1: Applicant Statement Street Address: 7501 N Capital of Texas Highway, Austin, TX 78731 Subdivision Legal Description: Lot(s): ___________ _ Block(s): __________ _ Outlot: -------------- Division: Zoning District: GO-CO LR-CO Sign District: Scen ic Roadway (4) Loop 360 (Capital of Texas Highway}, south of US 183 ------------- Council Distsic:t: 2.0 I/We Alexa Rosselot on behalf of myself /ourselves as authorized agent for AVES / Ethos Veterinary Health affirm that on Month October , Day 10 , Year 2025 , hereby …
October 23, 2025 Alexa Rosselot 815 Strawberry st Michigan, 48131, USA Property Description: PropertyLoc Re: C16-2025-0007 Dear Alexa, 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 25-10-124 at 7501 N CAPITAL OF TEXAS HIGHWAY. 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, Planner III Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050
