An extended interpretation appeal (C1520250041) brought by property owner Christy May against revisions approved for Warren Conkle’s property drew hours of testimony, legal argument, and requester/permit-holder exhibits on Nov. 10 before the Board of Adjustment postponed a final ruling to Dec. 8.

The central legal issue is how Austin’s land-development code treats modifications to preexisting nonconforming structures — specifically whether the 2025 revision improperly allowed vertical additions, finished-floor-elevation changes beyond one foot, enclosure of previously grandfathered patios and a new habitable basement in the required setback. Appellant Christy May argued that expired prior permits and unpermitted additions void vesting and that the revision relied on erroneous assumptions in staff review.

Permit-holder counsel argued the 2025 revision was extensively reviewed, complied with LDC provisions (notably 25-2-9-63 F allowing measured extensions along an original setback up to 25 feet or 50%), and did not rely on expired permits. Staff advised the board that only the 2025 revision (the administrative decision within the 20-day appeal window) is properly before the board, but members could consider earlier material as context.

Commissioners asked technical questions about whether demolition of nonconforming elements removes the prior nonconforming status, whether the foundation/basement changes count as an impermissible finished-floor elevation change, and whether the project’s impervious-cover calculations were correct. The board asked staff to provide reviewer notes and asked applicants to supply sealed engineering calculations and clarifying materials before Dec. 8. Staff confirmed the 60-day decision deadline runs to Dec. 13; the board chose Dec. 8 as the continuation date and requested targeted backup rather than the entire historical file.