Board of Adjustment postpones Kinney Avenue hearing to June 9 after neighbors request more review time

The Austin Board of Adjustment on April 14 voted unanimously to postpone a public hearing on a variance involving 601 Kinney Avenue until June 9, 2025, after neighbors asked for more time to review the proposal and meet with the applicant.

Neighbors said they received notice of the application only about a week before the hearing and asked the board to grant time to secure engineers or legal advice and to hold discussions between the applicant and the homeowners association. The postponement motion, made by Vice Chair Melissa Hawthorne and seconded by Board member Michael Von Olin, passed on a recorded 11–0 vote.

Why it matters: Neighbors said the addition could affect visual and environmental conditions on adjoining properties and cited proximity to existing homes and potential impacts on drainage and character. Board members said they wanted time to verify whether a wastewater easement at the rear of the property was active, and to give the neighborhood an opportunity to meet with the applicant before the board considers the variance.

Applicant Jay Hargrave, who identified himself as the architect and contractor representing the owners, said he would prefer to proceed because the project team has worked on the proposal for more than five years and faces pending building plan review that could be affected by a delay. ‘‘We have been working on this project for over 5 years … and my clients are not wanting to postpone the project any longer than they have to,’’ Hargrave said during the hearing.

Several neighbors speaking remotely and in person asked for the postponement. Jennifer Martin said she received notice only about seven days before the hearing and had not had ‘‘a proper amount of time … to look into the full ramifications visually or environmental that they’re proposing.’’ Kevin Bilkin told the board he walks past the house daily and questioned whether the required public notice had been properly posted. Resident Ted Schweinfurst cited a local code section tied to neighborhood compatibility—he identified it in the hearing as ‘‘title 25 5 dash 1 dot 1’’—and asked whether the board had enough information to assess impacts on nearby properties.

Board members asked staff when the official notices were mailed; staff said the mailing occurred 10 days before the hearing. Board member Maggie Sherastani and others said that, because questions remain about an apparent wastewater easement and possible drainage and runoff impacts to downhill neighbors, postponing the hearing would give staff, the applicant and neighbors time to resolve that information.

The board’s postponement motion included a direction that the applicant attempt to meet with the HOA/neighborhood before the new hearing date. Chair Jessica Cohen and Vice Chair Hawthorne confirmed the case will return to the board on June 9; the board will not reissue mailed notice for the postponement but advised interested parties to mark their calendars.

Votes at a glance: The motion to postpone to June 9, 2025, was made by Vice Chair Melissa Hawthorne and seconded by Board member Michael Von Olin. The vote was recorded as: Tommy Yates — yes; Jessica Cohen — yes; Melissa Hawthorne — yes; Young Ju Kim — yes; Brian Poteet — yes; Maggie Sherastani — yes; Jeffrey Bowen — yes; Michael Von Olin — yes; Bianca Medina Leal — yes; Samir Bering — yes; Nicholas Sacco — yes. Outcome: postponed to 06/09/2025.

Next steps: The applicant and neighborhood representatives were encouraged to meet before June 9; the board asked staff to verify the status of the wastewater easement and other utility-related constraints before the resumed hearing.