Board of Adjustment struggling with vacancies

Vacancies on the Board of Adjustment, coupled with a strict requirement for a supermajority vote in order to approve variances, are causing consternation among the members who have tried to address the problem. But one fix proposed by longtime Board Member Michael Von Ohlen conflicted with other city regulations.

Austinites go before the Board of Adjustment as a last resort. They’ve tried to figure out how to build their project on land for which they’ve probably paid dearly, but the rules do not allow them to do it. For example, a property owner on Matthews Lane wanted a compatibility waiver that would allow him to build 10 townhomes near a property zoned for single-family housing. The single-family-zoned property does not host a home but instead some grandfathered mini-storage units.

He was granted the variance on the second try, because fewer members of the board attended the second meeting. That may seem odd, but that is how city rules are interpreted.

According to the city website, five Board of Adjustment members are still listed as serving though their terms expired in February. Four of those were appointed by former Mayor Steve Adler and one by Council Member Vanessa Fuentes. That number includes three alternates, who sit on the board when a regular member cannot appear. Under Board of Adjustment rules, a member can continue to serve for three months after their term has expired.

Mayor Kirk Watson must select the next member and three alternates or renew Adler’s appointments. Fuentes has just one seat to fill. Council made no appointments to the Board of Adjustment last week. However, an aide to Fuentes told the Austin Monitor that Nicholl B. Wade, Fuentes’ previous appointee, had agreed to continue serving until another member can be appointed.

In April, Board Member Von Ohlen, who has served on the board for 16 years, proposed a change to the rules that would deal with the problem. Von Ohlen was most recently appointed by Council Member Alison Alter. His term will expire in February 2025.

Von Ohlen proposed that an alternate be able to sit in the place of a regular member whose term has expired. Assistant City Attorney Erika López came back to the board on May 8 to explain that the proposal “does not comply with city code,” which does not allow an alternate to sit in the place of a former member.

According to Subsection (B) of City Code Section 2-1-22 (Membership Term and Limitation), a person may not serve longer than eight consecutive years on the same board or be reappointed for two years after that. Subsection (C) provides that a board member who has served eight years on the same board is not eligible for reappointment to that board until the expiration of two years after the last date of the member’s service on that board.

Council waived these sections for several appointees at its March 9 meeting.  Von Ohlen’s appointments beyond the eight years suggest that such waivers are standard procedure.

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