An appeal to grant a variance to homebuilders on Kinney Avenue raised questions of precedent and procedure at the Board of Adjustment meeting this past Monday. On behalf of property owner Molly Development Company, applicant Ian Ellis sought the board’s permission to waive regulations over construction on smaller, or “substandard” lots. The board voted unanimously […]
City of Austin Board of Adjustment
The city’s Board of Adjustment is a quasi-judicial body that decides on variances, special exceptions and can issue interpretations of code.
Posted inCity Hall
Land use commissions face uphill battle to stay at City Hall
When City Council approved plans for a new Permitting and Development Center in 2017, the idea was that all land use commissions would eventually hold meetings there as part of a “one-stop shop” for all things development. But now that the building is finished, the commissions don’t want to move. In recent weeks, the Planning […]
Posted inCity Hall
Board of Adjustment fee assistance moves forward
At last Thursday’s meeting, City Council unanimously approved a resolution designed to alleviate economic barriers to participating in the Board of Adjustment process. The resolution, sponsored by Mayor Pro-Tem Natasha Harper-Madison, outlines the development of a BoA applicant assistance program that would waive application fees for those meeting a certain criteria for financial hardship. Currently, […]
Posted inLand Development Code
West Campus sign variance remains on hold after illuminating discussion
Once again, an accidental ban on illuminated signs has forced developers to seek a variance from an unintentional city statute. Current city code prohibits illuminated signs in the University Neighborhood Overlay (UNO). While the prohibition was made in error, it has yet to be corrected. A May 2020 memo from Jerry Rusthoven with the city’s […]
Posted inLand Development Code
BoA postpones parking variance for want of a better hardship
Parking requirements could threaten the affordability of a North Central Austin apartment complex. But finding no hardship – aside from the Land Development Code itself – Board of Adjustment members have asked for more information to better consider a variance request. “We really feel like what we have is a parking requirement that will either […]
Posted inLand Development Code
City mistakes and heritage tree pave the way for East Austin variance
Unaware that it was prohibited by city code, Daniel Salazar carefully nestled his new home against his back property line. The project was approved by the city and the mistake was not identified until after the structure was built. As a result, Salazar came before the Board of Adjustment seeking a variance in order to […]
Posted inPlanning
More height for Lamar Beach property means more access for all
With the help of a variance from the city’s Board of Adjustment, a new development on a puzzle of a downtown parcel will be moving forward, connecting a neighborhood to the lake in the process. Nikelle Meade, representing Pressler RRI, acknowledged that increasing the height of the project from 60 to 75 feet via a […]
Posted inTexas State Legislature
With state change, Board of Adjustment could consider new hardships
A move by the Texas Legislature could change the way the city grants variances to the Land Development Code. The bill, House Bill 1475, would add another type of hardship for the Board of Adjustment to consider – the financial cost of complying with the code. Specifically, the bill would allow board members to consider […]
Posted inLand Development Code
A ‘modest’ proposal: Lake Austin lot seeks variance
Citing excessive constraints on their land, one Lake Austin property owner went to the Board of Adjustment Nov. 9 seeking a break that would allow them to move forward with building a home. Eric Gomez, representing owner Malia Muir, said that, under the current setbacks, the property was “unreasonably limited” for residential use by Lake […]
Posted inLand Development Code
Shocking none, BoA OKs illuminated sign on the Drag
The Board of Adjustment unanimously approved a variance that will allow a new lighted sign on Guadalupe Street. Most of the questions at the meeting Monday were directed at the city code itself, which apparently prohibits illuminated signs despite their well-established proliferation. The request came from the national salad chain Sweetgreen, which opened its first […]
Posted inLand Development Code
Board of Adjustment raises renovation cap in Rosedale
Generally speaking, Austin’s Board of Adjustment isn’t wild about granting variances from the Land Development Code to those who have bought their way into a preexisting situation. Luckily for one family in the Rosedale neighborhood, that’s not always the case; on Oct. 12, the board unanimously voted in support of a variance to allow the homeowners […]
Posted inLand Development Code
BoA consciously postpones Galindo variances
A request for two variances in the Galindo neighborhood forced Board of Adjustment members to think realistically about their future actions last month, and determine whether a postponement was really fair to the applicant. Lauren Jones, speaking on behalf of owner Bryan E. Mayo, explained to the board that the lot at 901 Terrell Hill […]