Austin Board of Adjustment denies height variance for 601 Kinney Avenue

The City of Austin Board of Adjustment on June 9 denied a variance request that would have treated an addition at 601 Kinney Avenue as a separate structure so it could be measured under a different grade datum, a change that administrative reviewers said would raise the building—s measured height to 42 feet.

The denial follows a contested hearing in which nearby residents and the Zilker Neighborhood Association said the proposed work risks erosion, flooding and reduced privacy for the condominium community below. The board voted unanimously to deny the variance after hearing testimony from neighbors and the applicant—s representative.

The applicant, represented by Jay Hargrave, told the board the project would not physically increase the highest roofline on the property and that the planned addition would be about 10 feet lower than the existing structure. "We are not increasing the height of the project, and the addition is gonna be 10 feet lower than that," Hargrave said, describing the conflict as a technical issue created by the Land Development Code—s average-adjacent-grade measurement.

Neighbors and neighborhood representatives disputed the applicant—s account. Lorraine Atherton of the Zilker Neighborhood Association said the application "does not meet the findings for reasonable use, hardship and area character" and raised slope-stability and erosion concerns. Resident Parah (Mike) Homosari told the board he saw "close to 0 effort on the applicant's part" to negotiate changes with affected neighbors. Ted Twyfirth, president of the Villas of Lost Canyon homeowners association, cited potential effects on privacy and home values.

Board members debated whether to postpone the case to allow more neighborhood negotiation. Board member Michael Von Olin moved to deny a postponement and to hear the case that night; the board approved that motion. After testimony and questions — including whether the project would include sprinklers and whether an easement vacation had been submitted as backup — Von Olin moved to deny the variance. The motion was seconded by Board Member Jeffrey Bowen and passed in a roll-call vote in which all board members present voted to approve the motion to deny.

Assistant City Attorney Erica Lopez advised the board that the applicant could withdraw the application at any point, but that the decision before the board was whether to grant the variance. Board staff noted that backup materials submitted after the public-packet deadline could not be posted for public review.

The board—s action denies the requested relief tied to the average-adjacent-grade measurement. The applicant was told he has 10 days to apply for reconsideration with new evidence.

The hearing included discussion of whether the board has authority to grant relief that would allow building across a sewer easement; board members stated they did not see authority to grant a variance that would authorize encroachment onto an easement.

Officials present included Board Chair Jessica Cohen and Vice Chair Melissa Hawthorne. The record shows extensive public opposition from residents of the Villas of Lost Canyon and the Zilker Neighborhood Association.

The board—s decision was entered on the record the same evening; no subsequent legislation or permit condition was made at that meeting.