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Board denies variance for 3706 Meadowbank Drive; applicant told to appeal with new evidence if warranted
Summary
The Board of Adjustment denied a request related to a single-family residential variance, with board members citing lack of a legally cognizable hardship and advising the applicant about appeal rights and options for altering the hardship claim.
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The Austin Board of Adjustment denied a variance request for a new single-family construction at 3706 Meadowbank Drive after concluding the application did not demonstrate a qualifying hardship under state law.
An expediter representing the applicant summarized years of design work, paid reviews, and prior variances, saying the owner had invested substantial time and money and that recent code changes removed a parking exemption the team had relied on. The representative asked the board to approve the variance to avoid redesigning finalized plans.
Board members repeatedly noted that financial cost or the need to redo plans does not qualify as a hardship under the state’s variance standards. Board member Michael Von Olin observed the applicant’s situation was largely self‑created and said the board could not accept financial inability to redesign as a hardship. That position was echoed by other members, and a motion to deny was offered and seconded.
The board voted on the motion to deny. Several board members urged the applicant that an appeal within 10 days is permitted if the applicant can present new evidence; one board member suggested changing the asserted hardship in any appeal. The board denied the variance request by roll-call vote and closed the matter.
The applicant had said the property includes two large heritage live oaks and that the now-removed parking exemption had been assumed during design; the applicant also stated the variance previously approved in 2024 was set to expire and that the team had paid application and review fees.
