Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Board reopens appeal over 205 E. 34th permit as neighbors, developer clash over which ordinance controls
Summary
At a long Board of Adjustment meeting April 13, board members voted to reconsider a previously approved building permit for 205 E. 34th Street after hours of testimony about whether the North University NCCD's site-development standards (appellant argues a 0.4 FAR) or the citywide HOME ordinance (permit holder cites a higher FAR for three-unit uses) governs the project; neighbors also raised fire-safety and bedroom-count concerns. The board held a legal briefing and will make a decision on the reconsideration after weighing the clarified evidence and legal guidance.
The Austin Board of Adjustment voted April 13 to reopen and reconsider an administrative approval of a building permit for 205 East 34th Street after more than two hours of testimony and a closed legal briefing.
The core dispute presented to the board was legal and technical: whether the North University neighborhood's Neighborhood Conservation Combining District (NCCD) site-development rules in part 7 (which the appellant says impose a 0.4 floor-area-ratio for lots zoned SF-3) apply to a three-unit proposal, or whether the citywide HOME ordinance and its three-unit standards control when the NCCD is silent. Brett Lloyd, a development officer for the city's Development Services Department, told the board staff's position is that the NCCD does not expressly address three-unit uses and that the HOME ordinance therefore supplies the applicable three-unit FAR and standards. Lloyd also noted certain building-code items (bedroom counts and sprinkler requirements) are technical-review matters distinct from the zoning interpretation.
Appellant counsel Bobby Levinsky argued the NCCD's part 7 is not silent and that its site-development standards were intended to…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
