Despite appeal, new home project to move forward in East Austin historic district

A last-ditch effort to stop construction of a new home in the Robertson/Stuart & Mair Historic District failed at the Planning Commission, despite mixed feelings about the structure from the chair of the Historic Landmark Commission.

Neighbors Mark Rogers and Sue Gaul appealed the Historic Landmark Commission’s decision to issue a certificate of appropriateness to the Planning Commission. The certificate permits a new Accessory Dwelling Unit (ADU) behind the historic home at 1107 E. 10th St. They told commissioners that they did not believe the commission correctly applied the historic district’s design standards that were adopted in 2019 and that the new structure did not fit in with the character of the historic neighborhood.

Ben Heimsath, chair of the Historic Landmark Commission, explained his thought process in supporting the new building. He said the basis of their decision was that the main house, which is part of the historic district, was not being demolished.

“Let me illustrate what our frustration is with this process: If we had denied this case, an applicant basically can wait out, over a couple of months, and do what they want to anyway. And that might have included risking the contributing structure. We’ve had that happen on multiple occasions. … Our tools are flawed,” he said.

Heimsath explained that, due to the promise to preserve the front house, he was “willing to be less-than-satisfied with the house in the rear.”

Heimsath further explained that the commission’s vote for a certificate of appropriateness “doesn’t really have enough teeth for enforcement.” To prevent demolition of the historic home, the commission’s only other preservation option would be to impose historic zoning against the property owner’s wishes, which is a difficult process that is rarely employed.

Commissioner Ryan Johnson said the question was, really, whether the Historic Landmark Commission had considered the district guidelines and, in his mind, it was clear that they had.

“I think it’s also clear that the proposed structure doesn’t significantly detract from the historic district, and that the contributing structure on the front of the property has remained intact and improved,” Johnson said. “I don’t see any reason to deny this.”

The proposed new building will stand 35 feet tall, which appellant Rogers noted makes it the tallest building in the district and the only home with three stories. Nine of the 11 homes on the block are one story. The district as a whole has 84 contributing structures. Of those, Rogers said, 66 are one-story buildings. Ten are two stories.

“The proposed new construction is for a three-story, 35-foot-tall, 2,798-square-foot duplex. That is not compatible, and it does not comply with the district design standards,” Rogers said. “Your decision tonight will set the precedent as to whether the zoning requirements of the eight historic districts of Austin are respected or can be ignored. It also will determine if the newly adopted HOME Ordinance can be cherry-picked to favor developer interests over the cultural heritage of our remarkable city.”

“For me, personally, it will determine whether I can welcome HOME or feel HOMEsick,” Rogers said.

Matt Jordan, the property owner, told commissioners he was there to defend his rights regarding a second dwelling behind his home. He said that he had no plans to alter the historic home and began the design process for the second home more than a year ago. 

“I have made a commitment to respecting our neighborhood’s rich history and have read the design standards from front to back many times. I walked every block in my district and (have) appreciation for the historical nature of the neighborhood and designed something to fit within it,” he said.

Jordan said that he had worked with the city’s Architectural Review Committee on the design and ultimately was approved by the commission as a whole in November 2023. Following the passage of the HOME ordinance, Jordan resubmitted his plans to allow for an additional unit, though the building height, which is allowed by right under his home’s zoning, remained the same. Those new plans returned to the Architectural Review Committee twice before finally being approved by the Historic Landmark Commission.  He noted that no one opposed the project until the final commission meeting.

“My project aligns with HOME1 Ordinance, supporting infill density and affordability while maintaining neighborhood character, and addresses my family’s housing needs,” he said. “Once completed, my property will be a mixture of three houses – 1,100, 500 and 2,100 square feet, providing flexibility and diverse housing options to support a more inclusive neighborhood. … My project demonstrates a careful balance between respecting our historic district’s character and addressing our community’s housing needs.”

Emily Little, who is an architect and resident of the neighborhood, spoke in support of the appeal. She said that the height, massing and scale of the new building was not appropriate for the neighborhood, and the case was an important one.

“We are just beginning to understand the impact of HOME as it relates to local historic districts,” she said. “The big picture here is that we must empower the landmark commission to be able to enforce the specifics of each local historical district.”

At its most recent meeting, City Council approved a resolution aimed at strengthening the city’s preservation bonus program under the HOME Ordinance.

The Austin Monitor’s work is made possible by donations from the community. Though our reporting covers donors from time to time, we are careful to keep business and editorial efforts separate while maintaining transparency. A complete list of donors is available here, and our code of ethics is explained here.

Posted In: Preservation, District 1