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[CALL TO ORDER ]

[00:00:04]

14TH, 2020, UH, MEETING OF THE BOARD OF ADJUSTMENT.

UH, AND IT IS 5:35 PM.

WE'RE STILL WAITING FOR A COUPLE OF MEMBERS TO SIGN ON, BUT WE HAVE A CORUM.

UM, SO WE CAN START OUR BUSINESS TONIGHT.

UM, THE, UH, FIRST THING THAT I'D LIKE TO MENTION IS, UM, SINCE, UH, WE MET IN NOVEMBER, UH, WILLIAM HODGE, ONE OF OUR MEMBERS FOR THE LAST COUPLE OF YEARS, UH, HAS RESIGNED.

UM, SO WE HAVE ONLY 10 MEMBERS, UM, IN PLACE.

AND SO THAT CHANGES OUR VOTING, UH, FOR THE SUPER MAJORITY VOTES, UH, WHICH ARE 75% OF THE MEMBERS THAT ARE APPOINTED, UH, TO, UH, BE, UH, JUST A VOTE OF EIGHT PEOPLE TONIGHT SINCE WE ONLY HAVE 10.

AND KELLY, UH, IS, UM, UH, KINDLY, UH, FILLING IN FOR RON MCDANIEL, UH, TONIGHT.

SO KELLY, THANK YOU FOR THAT.

UM, WE APPRECIATE YOUR SERVICE.

ALL RIGHT.

UM, I DON'T BELIEVE ELAINE, IS THERE ANY, UH, CITIZEN COMMUNICATION, UH, ANYONE SIGNED UP FOR THAT? NO, WE DON'T HAVE ANY.

OKAY.

VERY GOOD.

THANK YOU SO MUCH.

SO, UH, THAT HANDLES THAT PART OF OUR AGENDA.

UM, AND, UH, SO ONE THING THAT BEFORE WE GET INTO, UM, EVEN VOTING ON MINUTES AND SUCH, AND THIS WAS SOMETHING THAT HAD TRANSPIRED LAST TIME, UH, TONIGHT WE DON'T HAVE ANYBODY, UH, THAT IS SIGNED UP TO SPEAK IN OPPOSITE OF BROOKE.

DID YOU, WE NEED TO CALL THE HALL.

OH, I'M SORRY.

YES.

LET'S YES.

LET'S CALL THE ROLL.

THANK YOU.

AND I SEE LEE'S HAND UP THERE TOO.

ALL RIGHT.

SO CALL THE ROLL.

THAT'S A BROOKE BAILEY.

YEAH, YEAH, YEAH.

ALL RIGHT.

UH, JESSICA COHEN.

YES.

ALL RIGHT.

THANK YOU.

UH, OUT OF CAROLL HERE.

ALRIGHTY, MELISSA HAWTHORNE HERE IN PUPPY.

ALL RIGHT.

UH, DON LAYTON BURWELL I'M HERE.

UH, RON MCDANIEL IS ABSENT, UH, DARRYL PRUITT.

YOU'RE.

ALL RIGHT.

THANK YOU, DARRYL.

UH, VERONICA RIVERA.

I DON'T SEE HER ON HERE YET.

OKAY.

AND YES, I'M IN SMITH AND I ALSO DON'T SEE HER ON HERE.

HOPEFULLY THEY'LL JOIN US HERE SHORTLY.

UM, MICHAEL MON OLIN.

DIDN'T HEAR YOU, MICHAEL? YES.

ALL RIGHT, VERY GOOD.

THANK YOU, SIR.

AND KELLY BLOOM HERE.

ALL RIGHT.

THANKS KELLY.

AND YOU'RE, YOU'VE DISAPPEARED AGAIN IN THE, UH, UH, SO I DON'T KNOW IF, UH, YOU'RE STILL HAVING VIDEO PROBLEMS OR NOT.

OKAY.

THANK YOU.

OKAY.

THANK YOU FOR THE PROCEDURAL STUFF HERE.

UH, AND SO FEEL FREE TO CALL ME BACK INTO ACCOUNTABILITY, ANYONE, UM, YOU, CAN YOU SEE ME GETTING OFF, UH, OFF COURSE HERE? UM, ALL RIGHT.

SO, UH, SO, UH, WHERE I WAS GOING WITH THAT WAS, UM, SO WE HAVE, UH, SOME APPLICANTS, UH, THAT ARE SIGNED UP TO SPEAK, UM, AND, UH, BY, UH, THE RULES THAT HAVE BEEN ESTABLISHED BY THE CITY CLERK'S OFFICE, UH, ONLY THE PRIMARY SPEAKER FOR THE APPLICANTS WILL SPEAK TO EACH CASE.

UH, WE HAVE AS THE BOARD, THE ABILITY TO ASK THE OTHER SPEAKERS THAT ARE SIGNED UP QUESTIONS, BUT THEY ARE NOT A PART OF THE, UH, PRESENTATION.

UM, AND SO AGAIN, THEY SHOULD ONLY, UH, COME INTO, UH, INTO THE CASE, UH, ON A REQUESTED BASIS BY THE BOARD.

SO I JUST WANTED TO CLEAR THAT UP BECAUSE LAST TIME WE HAD SOME PEOPLE JUMPING IN AND OUT THAT, UH, WERE SIGNED UP, BUT WE'RE NOT THE PRINCIPAL SPEAKERS.

SO I JUST WANTED TO MAKE THAT CLEAR.

UM,

[A-1 Staff requests approval November 9, 2020 draft minutes ]

ALL RIGHT.

UH, WE HAVE THE DRAFT, UH, UH, ITEM, UH, DISCUSSION AND REQUESTED ACTION ITEM, UH, STAFF APPROVAL OR REQUEST APPROVAL OF THE, UH, NOVEMBER 9TH, 20, 20 DRAFT MINUTES.

DO I HEAR A MOTION ON THAT? OKAY.

THANK YOU, MELISSA.

UH, AND, UH, THERE IS A SECOND BY BROOKE BAILEY.

ALL RIGHT.

THANK YOU.

I'M JUST WRITING STUFF DOWN HERE IF YOU GUYS AND ROOK IS SECOND.

OKAY.

UH, SO LET'S GO AHEAD AND TAKE THE CALL.

THE ROLE WAS THERE, WERE THERE ANY, UM, ADDITIONS OR, OR, UH, CLARIFICATION'S OR REVISIONS OR ANYTHING TO THAT BEFORE WE GET GOING? OKAY.

ALL RIGHT.

SO THIS IS TO APPROVE THE MINUTES AS, UH, POSTED, UH, BROOKE BAILEY.

[00:05:02]

YEAH.

JESSICA GOING? YES.

THANK YOU.

OUGHTA KROLL? YES.

ALL RIGHT.

UH, MELISSA HAWTHORNE.

YES.

RIGHT.

BURWELL? YES.

AGAIN, ROM IS NOT HERE.

UM, DARRYL PRUITT? YES.

ALL RIGHT.

UH, IS VERONICA WITH US YET? NO.

OKAY.

UH, YASMIN IS NOT WITH US EITHER.

MICHAEL WANOLA MR. CHAIR.

I DID WATCH A VIDEO, BUT I DIDN'T PARTICIPATE.

OKAY.

OKAY.

AND AGAIN, JUST A REMINDER OF THE CLERK'S OFFICES THAT IT'S TOTALLY FINE TO, TO, UH, VOTE ON THINGS LIKE THAT.

BUT, UM, BUT, BUT THAT'S FINE.

SO I WILL PUT YOU DOWN AS ABSTAINING AND THEN KELLY BLUE.

YES.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

UH, SO MOVING ON TO OUR NEXT ITEM, UM, AND AGAIN, ONCE WE HAVE THE 10 PEOPLE IN PLACE, UM, WE'LL BE A FULL BOARD, EVEN THOUGH AGAIN, WE HAVE ONE VACANCY CURRENTLY.

UM, SO,

[B-2 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda ]

UH, THIS IS ITEM B TOO.

I'M NOT SURE WHAT HAPPENED TO BE ONE.

THIS HAPPENED LAST TIME TOO.

IT'S PROBABLY ACTUALLY THE ITEM B ONE, BUT IT'S B TWO ON OUR AGENDA.

AND THIS IS A REQUEST FOR POSTPONEMENT OR WITHDRAWAL.

SO ELAINE, WAS THERE ANYBODY THAT NO, I DON'T HAVE ANY REQUESTS FOR POSTPONEMENT ARTICLES.

OKAY.

VERY GOOD.

ALRIGHT, SO WE WILL KEEP MOVING THEN.

ALL RIGHT.

UM, SO WE WILL MOVE TO OUR REGULAR AGENDA HERE, UM, UNLESS THERE IS ANYTHING ELSE IN THE GENERAL STUFF THAT I NEEDED TO HANDLE.

I DON'T SEE ANYBODY WAVING THEIR HANDS, SO, OKAY.

UH, THIS IS, UH, SIGNS NEW PUBLIC

[C-1 C16-2020-0009 Rodney Bennett for Lynn Nick 7900 FM 1826 Road ]

HEARINGS.

UH, FIRST CASE IS C1.

IT IS C 16 DASH 2020 DASH ZERO ZERO ZERO NINE, RODNEY BENNETT FOR LYNN, NICK, UH, AT, UH, 7,900 FM, UH, 1826 ROAD.

THIS IS A VARIANCE FROM THE LAND DEVELOPMENT CODE REGARDING SIGNAGE.

SO MR. BENNETT, IF YOU ARE AVAILABLE, DETERMINE, UH, IN LIGHT OF THE EMAIL THAT WE RECEIVED THIS AFTERNOON OF EXPEDITING THE MEET, THE MEETING AND PEOPLE NOT FEELING WELL.

UH, I HOPE EVERYBODY DID THEIR HOMEWORK.

I, I LOOKED AT THIS CLOSELY, IT'S A HOSPITAL, IT'S A HEALTH AND SAFETY ISSUE.

I'M GOOD WITH IT.

I'M NOT MAKING A MOTION TO APPROVE.

OKAY.

I SEE, UH, SEVERAL SECONDS THERE.

OKAY.

SO THIS IS, LET ME JUST WRITE THIS DOWN.

THIS IS, UM, UH, MOTION BY MICHAEL VAUGHN, OLIN AND A SECOND BY, I THINK I SAW, UH, JESSICA.

UM, OKAY.

UM, IS THERE ANY DISCUSSION, ANY QUESTIONS OF THE APPLICANT BEFORE WE TAKE A VOTE? I HAD A QUESTION.

YES.

UM, WHERE EXACTLY ARE WE TALKING ABOUT THIS SIGN UP NEAR TWO 90.

AND THEN WHAT HAPPENS WHEN THE NEW HIGHWAY GETS BUILT? YEAH, I'VE BEEN IN HERE.

CAN Y'ALL HEAR ME? YES.

OKAY.

RONNIE BENNETT HERE, BEN IN CONSULTING, UM, IS PROJECTED TO BE BUILT AND THERE IS A RIGHT OF WAY THAT IS PROPOSED TO BE TAKING.

UM, ONCE THEY DO TAKE THE RIGHT OF WAY, WE WILL HAVE TO RELOCATE THE SIGNAGE FURTHER BACK INTO THE PROPERTY.

THE SIGN IS ACTUALLY LOCATED ON TWO 90.

THERE ARE TWO EXISTING SIGNS ON FM, 1826.

THE FRONTAGE ON LONG TWO 90 IS ROUGHLY 800 LINEAR FEET.

AND, AND, AND RODNEY CORRECT ME IF I'M WRONG, BUT ON ONE OF THE MAPS, IT SHOWED THE YEAH.

THE CURRENT PROPOSED LOCATION AND THEN A FUTURE LOCATION ONCE THE RIGHT OF WAY IS TAKEN.

IS THAT CORRECT? YES, SIR.

I BELIEVE SIR.

I BELIEVE SO.

SEE ONE NINE.

ALL RIGHT.

THANK YOU, MELISSA.

ALL RIGHT.

UM, WERE THERE ANY OTHER QUESTIONS? AND AGAIN, THESE ARE THE ASSIGNED CASES ARE A SIMPLE MAJORITY.

SO GIVEN THAT WE HAVE, WE WOULD NEED SIX VOTES IN ORDER TO, UH, TO, UH, PASS THIS, I BELIEVE.

IS THAT, AM I CORRECT WITH THAT, ELAINE.

OH, AND THERE'S PROBABLY, WHERE WERE YOU? SHE MADE IT

[00:10:02]

THROUGH THEATERS.

TECHNICAL IS ALWAYS FUN.

YEAH.

I HAD A QUESTION FOR LEE.

IF, IF LEGAL CAN ANSWER A QUESTION.

YEAH, GO AHEAD.

GIVEN THAT WE HAVE A PACKAGE OF MATERIALS, EVEN IF WE DON'T HAVE A PRESENTATION OF ANYTHING FROM THE APPLICANT, CAN WE RELY JUST ON THE PRESENTATION MATERIALS, UH, AS EVIDENCE SUPPORTING OUR DECISION TO APPROVE THIS SIGN VARIANCE? ABSOLUTELY.

YES, SIR.

ALL RIGHT.

UH, AND LEE, IF YOU COULD CLARIFY THAT'S FOR ALL CASES, THAT'S PART OF THAT CASE, AND THAT'S THE PURPOSE.

WE DID OUR APP, OUR, OUR PACKAGES, AND DO OUR HOMEWORK BECAUSE BASICALLY THE WAY I'VE ALWAYS SEEN IT AS THE PRESENTATION IS SOMETHING FOR CLARIFICATION AND MAYBE ENHANCE THEIR PACKAGE.

BUT, UH, THIS ONE WAS PRETTY STRAIGHTFORWARD.

YES, SIR.

THAT'S CORRECT.

THERE'S ANOTHER ONE IN HERE THAT COULD HAVE WROTE A NOVEL, BUT WE'LL WORRY ABOUT THAT WHEN WE GET THERE ANY ADDITIONAL QUESTIONS BEFORE WE MOVE ON TO TAKE A VOTE, I HAVE TO DO THE FINDINGS, MR. CHAIR.

OKAY.

ALL RIGHT.

THANK YOU.

LET ME, I WANTED TO MAKE A COMMENT AND I DON'T KNOW IF ANYBODY ELSE HAS ANY COMMENTS ABOUT THIS.

IT JUST SEEMS TO ME TO BE SORT OF A, A WASTE TO DO THIS, AND THEN IN A YEAR AND A HALF OR WHATEVER THE SIGN'S GOING TO BE MOVED AGAIN.

SO, UM, I, I DON'T UNDERSTAND THE PRESSING NEED FOR THIS SIGN THAT THE APPLICANT HAS SAID, IT'S GOING TO GO AWAY WHEN THE, WHEN THE HIGHWAY IS BUILT ANYWAY.

UM, WHY I JUST PUT THE SIGN WHERE IT'S GOING TO BE A BIT CHILLY ANYWAY, BUT WAS THAT A QUESTION, YOUR ROLE, OR JUST MY THAT'S THE ONE I WAS LOOKING AT IT, SO, OKAY.

ALRIGHT.

FINDINGS MICHAEL.

YES.

THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THE OWNER CODE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SIDE, CONSIDERING THE UNIQUE FEATURES OF THE SITE, SUCH AS DIMENSIONS, LANDSCAPING, TOPOGRAPHY, AND BECAUSE THIS IS A VERY LARGE CORNER LOT, THERE'S APPROXIMATELY 2,120 FEET OF FRONTAGE ON NFM 1826 WITH TWO EXISTING SIGNS.

THERE IS 826 FEET LINEAR FEET IN FRONT OF JOHN WITH A NEW ENTRANCE AND ZERO SIGNS.

THIS IS A HOSPITAL.

THE GROUNDING OF THIS VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT UPON NEIGHBORING PROPERTIES BECAUSE OF THE SIZE OF THIS PROPERTY DESIGNED TO SPREAD OUT, NOT NEAR THE NEIGHBORING PROPERTIES AND THE GRANTING OF THIS VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS SIGN ORDINANCE, BECAUSE THIS SIGN IS FOR A NEW ENTRANCE OF US HIGHWAY TWO 90, THAT WILL PROVIDE FOR QUICKER ACCESS TO THE HOSPITAL.

THE EXISTENCE ENTRANCES OFF OF FM 1826, AND HAVE, HAVE EXISTING SIGNING WITHOUT THIS NEW SIGN.

THERE WOULD BE NO WAY TO IDENTIFY THE NEW ENTRANCE AS FOR THE HOSPITAL DUE TO THE ELEVATION OF THE STREET VERSUS THE LOCATION OF THE HOSPITAL ON THE PROPERTY.

FINALLY GRANTING THE VARIANCE WILL NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE IS NOT ENJOYED BY OTHERS, SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED BECAUSE MOST OTHER PROPERTIES THEY'RE NOT SERVED THE PUBLIC IN A LIFE-SAVING CAPACITY, NOR ARE THEY ON A LARGE CORNER LOCK.

THAT'S IT? MR. CHAIR.

OKAY.

THANK YOU.

UM, SO LET'S GO AHEAD AND CALL THE ROLE, UH, IN SUPPORT OF THE MOTION.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

OUT OF COROLLA.

YES.

ALRIGHTY.

MELISSA HAWTHORNE.

YES.

JOHN LEIGHTON BURWELL.

YES.

DARRELL PRUITT.

YES.

VERONICA.

OKAY.

ALL RIGHT.

UM, AND YASMINE IS STILL NOT HERE.

UM, MICHAEL .

YES.

AND THANK YOU, MR. BENNETT FOR THAT, UH, PRECISE, UH, PRESENTATION THERE.

YEAH, IT WAS GREAT.

YEAH.

KELLY, THANK YOU, SIR.

YES.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

SO, UM, YOU GOT YOUR, UH, VARIANCE THERE.

UM, MR. BENNETT, SO CONGRATULATIONS.

IT'S A CHRISTMAS MIRACLE.

YEAH, ABSOLUTELY GREAT HOLIDAY.

ALL RIGHT.

YOUTUBE BE SAFE.

ALL RIGHT.

UH, SO THAT IS, UH, UH, OUR, THE END OF OUR SIGN, UM, UH, HEARINGS.

UM, ELAINE, HAVE YOU HEARD ANYTHING FROM YASMEEN? I HAVE NOT.

UM, I TEXT HER, I'M JUST WAITING TO SEE IF I GET A RESPONSE FROM HER.

OKAY.

EVERYTHING'S OKAY.

OKAY.

YEAH, YEAH.

MAYBE YOU CAN CALL HER IN THE INTERIM OR WHATEVER TO JUST IT.

ALL RIGHT.

VERY GOOD.

ALL RIGHT.

UM, SO MOVING ALONG, THESE ARE VARIANCES, UH, NEW PUBLIC HEARINGS, UM, ONES THAT WE HAVE NOT HEARD BEFORE.

[D-1 C15-2020-0074 William Burkhardt for Michele Conners and Seth Bank 1501 Nickerson Street (Part 1 of 2)]

[00:15:01]

THIS IS ITEM D ONE D AS IN DOG.

IT IS, UH, C 15 DASH 2020 DASH ZERO ZERO SEVEN FOUR.

AND, UH, THE PRIMARY SPEAKER IS OUR PAST CHAIR, WILLIAM BURKHART FOR MICHELLE CONNORS AND SET BANK AT 1501 NICKERSON STREET.

AND THIS IS A VARIANCE FROM THE LAND DEVELOPMENT CODE, UM, UH, SUB CHAPTER F.

SO MR. CHAIR, MR. CHAIRMAN, MR. CHAIRMAN PASS, MR. CHAIR.

UH, ONE.

SO I JUST WANT TO CLARIFY, AT THIS POINT WE ARE NINE MEMBERS.

WE ARE A NINE, WELL, WE ARE STILL 10 VOTING MEMBERS, SO IT WILL REQUIRE AN EIGHT VOTE.

SO IF THERE IS MORE THAN ONE WITH ONLY NINE PEOPLE PRESENT, IF THERE'S MORE THAN ONE NEGATIVE VOTE, IT WILL NOT PASS.

SO BEFORE WE START, YES.

AND SO GIVEN THAT, THAT WE DON'T HAVE, UM, A FULL, UH, BODY, UH, RIGHT NOW, UH, I WOULD GIVE THE APPLICANT, UH, THE ABILITY TO POSTPONE IF THEY SO CHOOSE.

UM, SO MR. BURKHART, ARE YOU INTERESTED IN POSTPONING, MR. CHAIRMAN? IS IT POSSIBLE TO TABLE THIS UNTIL LATER IN THE MEETING, OR IS IT POSSIBLE THAT NEW, UH, A NEW BIT OTHER, UM, UH, I JUST WANT THE AGENDA TO BE TAKEN UP FIRST.

UH, I DON'T SEE AN ISSUE WITH THAT UNLESS WE GET THINGS TABLED AND TABLED AND TABLE.

UH, BUT, UH, UH, I DON'T HAVE A PROBLEM WITH THAT.

UH, JESSICA, I SAW YOUR HAND UP, I'D LIKE TO GO AHEAD AND MOVE THAT WE ADDRESS NEW BUSINESS AND A NEW BUSINESS.

NOW, CAN WE, I THINK WE CAN DO THAT UNDER THE RULES IS NOT RIGHTLY OKAY.

WHILE WE'RE WAITING TO SEE WHAT'S UP WITH, UH, YASMIN, UH, UH, AND MICHAEL, DID YOU HAVE YOUR HAND UP TOO? YES.

MR. CHAIR, IF I'M NOT, IF I'M NOT MISTAKEN IN THE PAST, WE'VE ALSO GIVEN, GIVEN SOME OF THESE APPLICANTS AN OPPORTUNITY, AND IF THEY ARE DENIED TO RETURN TO COME BACK TO US FOR RECONSIDERATION WITHOUT HAVING TO PAY AGAIN, CORRECT.

MELISSA, DID WE USE TO DO THAT? AND THEN I SEE LEE'S SHAKING HIS HEAD.

YES.

BUT I RECALL IN OUR PAST MEETINGS, WE CAN STILL CONTINUE BUSINESS INHERIT.

AND IF IT DOESN'T REALLY, IF, IF IT'S DENIED AND THEY WANT TO COME BACK FOR A SECOND, YOU KNOW, OPPORTUNITY TO GET A FULL VAULT THAT WE WE'VE ALLOWED THAT TO HAPPEN WITHOUT MAKING THEM GO THROUGH THE PROCESS OF PAYING AGAIN, THE, IS THAT IS I, WE DO.

I DO SEE YOU'RE SHAKING YOUR HEAD AFFIRMATIVELY.

YES.

MR. CHAIR.

THAT'S MY UNDERSTANDING THAT IF, IF THERE'S NOT A FULL BOARD ON THE DIETS THAT A DENIAL, UM, IN THE PAST, JUST AS A PROCEDURAL PROCEDURAL QUESTION CAN BE TAKEN UP WITHOUT ADDITIONAL FEES CONSIDERATION.

SO IT'D BE OUR PREROGATIVE TO DO THAT.

THAT'S RIGHT.

OKAY.

ALL RIGHT.

SO, UM, AND WHAT'S THE, WHAT'S THE BOARDS? UM, YEAH, MELISSA LET'S MAKE A MOTION THAT WE PROCEED TO NEW BUSINESS, AND THEN WE HANDLE THOSE LINE ITEMS, APOLOGIES CITIZENS, BUT I THINK THAT A FULL BOARD WOULD BE BETTER AND WE COULD DISCUSS OUR NEW BUSINESS ITEMS AND, UH, PERHAPS THEN WE'LL, WE'LL HAVE A FULL BOARD FOR THAT.

OKAY.

I WOULD CONCUR WITH THAT.

SO LET'S GO AHEAD AND DO THAT THEN.

UH, SO WE WILL, UH, MOVE ON TO OUR NEW BUSINESS AND WE MAY MAKE SHORT WORK OF THIS, BUT LET'S GO AHEAD AND DO THAT WHILE WE'RE WAITING TO SEE, UH, WHERE YASMIN IS.

OKAY.

SO I'M GOING TO,

[G-1 Discussion of the October 12, 2020 Board activity report ]

UH, NEW BUSINESS, UH, ITEM .

UM, WE HAVE OUR, UH, IT SAYS OCTOBER, BUT I BELIEVE THAT IT SHOULD BE NO NOVEMBER.

OH, NO.

IT WOULD BE OCTOBER, UM, ACTIVITY REPORT.

DOES ANYBODY HAVE IT, THE COMMENTS OR CHANGES THERE? THANK YOU, ELAINE.

OH, AND, AND, AND JUST AS A POINT OF ORDER, UH, ON THAT, IT ACTUALLY IS FROM OUR NOVEMBER.

UM, SO, UH, W W W WE NEED TO CHANGE THAT TO NOVEMBER 9TH AND ALSO, UH, THIS IS FOR ELAINE AND FOR DIANE, OR REALLY, UM, THAT, UH, IT SAYS,

[00:20:01]

UH, JUNE.

OH, SORRY.

NEVERMIND.

IT SAYS JULY 20TH THROUGH JULY THROUGH JUNE, 2021, I GUESS WE'RE ANTICIPATING THAT WE'LL ALL STILL BE HERE THEN.

OKAY.

ALL RIGHT.

VERY GOOD.

SO, UH, IF WE CAN JUST MAKE THAT CHANGE, UH, TO MAKE THAT IT'S THE NOVEMBER 9TH, UM, 20, 20, UH, ACTIVITY

[G-2 Discussion and possible action regarding postponed BOA Trainings (including new topic “Area Character”); Staff & PC Coordination Workgroup (Leighton- Burwell, Hawthorne, Von Ohlen & Bailey); and, coordination with COA Planning Staff (including reporting, presentations and general accountability) and Planning Commission (including LDC overlap (e.g. Sign Regulations, etc). ]

REPORT.

ALL RIGHT.

MOVING ON TO G TWO, UH, THIS IS POSTPONED, UH, BOA TRAININGS, ANY HEADWAY ON THAT? ELAINE? NO.

UM, BRENT AND I ARE WORKING VERY DILIGENTLY TO GET THIS DONE AS SOON AS POSSIBLE.

UM, I JUST SPOKE WITH HIM TODAY ABOUT THAT, AND WE'RE TRYING TO FORWARD AS QUICKLY AS POSSIBLE.

WE'RE HOPING FOR JANUARY, BUT WE'RE DOING WHAT WE CAN.

I MEAN, WE'RE TRYING TO GET ALL THE OTHER DEPARTMENTS AND RIGHT NOW WITH THE HOLIDAYS GOING ON, IT'S HARD TO GET AHOLD OF PEOPLE.

SO WE'RE TRYING TO GET THEM ONBOARD AND GET THEM SCHEDULED SO WE CAN GET YOU GUYS SCHEDULED.

OKAY.

AND YEAH, EXACTLY.

WE'LL NEED SOME TIME TO CHECK OUR CALENDARS FOR THAT.

UH, AND THEN, DID YOU HEAR ANYTHING FROM YASMINE? ACTUALLY? YES, SHE'S TEXTING RIGHT NOW AND SHE'S SAYING SHE'S HAVING TROUBLE WITH WEB X, UM, AND SHE'S WAITING TO LOAD, UM, TO SEE IF SHE CAN LOG IN.

OKAY.

ALL RIGHT.

VERY GOOD.

UH, YEAH.

UM, HAVING HAD THE SIMILAR PROBLEMS TWO MEETINGS AGO, I UNDERSTAND.

[G-3 Discussion and possible action regarding UNO Sign regulations – requesting presentation by City Staff (Jerry Rusthoven). ]

OKAY.

VERY GOOD.

MOVING ON TO ITEM G THREE.

UM, THIS IS THE UNIT ASSIGNED REGULATIONS.

I DON'T THINK WE HAVE ANYONE HERE TO SPEAK TO THAT WE WERE ASKING FOR JURY REST OPEN TO APPRISE US OF, OF CHANGES TO THE ORDINANCE LIKE THIS, WHERE THEY'RE AMENDING IT TO, UH, UH, GET IN SYNC WITH, UH, COUNCIL'S INTENT.

UM, BUT I DON'T BELIEVE THAT THERE'S ANY PRESENTATION ON THAT.

SO MOVING ALONG TO,

[G-4 Discussion and possible action regarding staff guidance on LA (Lake Austin) cases (in particular, the intent of increased setback requirements – environmental or other purpose?) ]

UH, ITEM G4, I THINK THAT THIS IS VERY SIMILAR.

THIS IS, UH, STAFF GUIDANCE FOR LA ZONING, UH, TO GIVE US, UH, AND AGAIN, THIS IS PROBABLY GOES BACK MORE TO THE TRAININGS THAT HAVE BEEN POSTPONED TO GET THAT THAT'S CORRECT.

OKAY.

SO ANY OF YOU GUYS CAN JUST STOP ME IF, IF THERE'S AN ITEM THAT YOU WANT TO DISCUSS,

[G-5 Discussion and possible action regarding on the FY 2020-21 Budget Calendar - New Workgroup (Cohen, Smith and Von Ohlen) to look at access to BOA for lower income applicants and possible funding to help those without resources to pay current fees. ]

UH, ITEM G FIVE IS OUR BUDGET CALENDAR.

UM, AND WE HAD THE WORK GROUP LOOKING AT, UH, RESOURCES AGAIN FOR LOWER INCOME APPLICANTS AND POSSIBLE FUNDING.

UH, IS THERE ANYBODY ON THAT WORK GROUP THAT, UM, HAS ANY UPDATES YET, JESSICA? NO, I DID THIS TIME, UH, ELECTIONS WITH GETTING A HOLDER TO STOP A LITTLE HECTIC.

SO WE'LL HAVE THE FINAL SUBMIT ALREADY FOR Y'ALL FOR THE JANUARY.

OKAY.

VERY GOOD.

LET ME JUST MAKE A LITTLE NOTE HERE.

EXCELLENT.

VERY GOOD.

APPRECIATE YOUR WORK ON THAT.

OKAY.

UM,

[G-6 Discussion and possible action regarding Workgroups Update: Transportation Criteria/Code Recommendations Workgroup (Smith, Hodge & Corral) ]

THE, UH, , UH, THIS IS, UH, HAS TO DO WITH THE WORK GROUP AND WE'VE LOST WILLIAM HYDRO ON THAT.

SO, UH, WE ONLY HAVE YASMIN AND, UH, OTTO, THIS IS THE TRANSPORTATION CRITERIA AND CODE RECOMMENDATIONS.

AND AGAIN, I DON'T THINK THAT THAT GROUP AND HAS EVEN MET IN A WHILE.

IS THAT CORRECT? AUTO.

OKAY.

THAT'S RIGHT.

WE THOUGHT THAT THERE WASN'T REALLY MUCH TO DO RIGHT NOW UNTIL WE KNEW WHAT WAS HAPPENING WITH THE CODE A LITTLE BIT MORE.

OKAY.

AND AS MENTIONED, I BELIEVE LAST MONTH I HAVE BEEN IN TOUCH WITH BETH CULVER AT THE CITY TO DISCUSS A WHOLE LITANY OF THINGS THAT I HAVE SEEN, UH, IN MY ROLE AS CHAIR AND THAT MELISSA.

SO THE TRANSPORTATION CRITERIA MANUAL, THERE'S A DRAFT.

AND, UH, UH, I HAD SUGGESTED TO ELAINE THAT PERHAPS THEY MIGHT BE PART OF THE TRAINING, UM, BUT THE DRAFT IS OUT AND THE, THERE IS AN UPDATE TO THE QUEUE ISLANDS AND SUCH IN THERE.

UM, I LOOKED AT IT BRIEFLY, BUT I DIDN'T GET A CHANCE TO FORMULATE ANY OPINIONS.

SO I THOUGHT THAT, UH, BEING THAT THEY'RE SEEKING INPUT THAT PERHAPS THEY COULD SEEK INPUT HERE, FOLLOW UP ON THAT WITH THE FOLKS THAT ARE DOING THE SURVEY ON THIS, UM, BECAUSE WE'VE HAD SOME MADE THE CASE THAT THE TRANSPORTATION OR THE QUEUING FOR GAS ISLANDS IN PARTICULAR WAS OUT OF SYNC WITH INDUSTRY NEW INDUSTRY STANDARDS.

AND, UM, SO I TALKED TO THEM ABOUT THAT AND BASICALLY THE QUEUING THAT THEY HAVE IN THE CURRENTLY PROPOSED MANUAL IS NO DIFFERENT THAN WHAT THEY HAD BEFORE.

THEY WERE NOT AWARE OF THIS.

SO I HAVE BROUGHT THIS TO THEIR ATTENTION THAT THEY PROBABLY WANT TO TALK TO SOME INDUSTRY PEOPLE AND A FLIGHT VIC TO SOME OTHER FOLKS IN THE COMMUNITY THAT HAVE A STAKE IN THIS TO SAY,

[00:25:01]

SPEAK UP OR, OR WE'RE GOING TO BE HEARING VARIANCES ON THIS UNNECESSARILY.

SO THANKS FOR BRINGING THAT UP, BECAUSE THAT REMINDED ME OF WHAT I HAD DONE ON THAT AS WELL.

ALL RIGHT, MOVING ON TO ITEM

[G-7 Discussion and possible action regarding on the draft LDC; BOA LDC Workgroup Report (Workgroup Members: Leighton-Burwell, Hawthorne, Cohen, Hodge and Smith) ]

G SEVEN.

UM, AND AGAIN, THIS IS, UH, SOMEWHAT OF A MOOT POINT AT THIS STAGE IN THE GAME.

UM, UH, BECAUSE IT'S, UH, THE WORK GROUP REPORTING ON THE DRAFT, UM, UM, LAND DEVELOPMENT CODE, UH, CODE NEXT, OR WHATEVER IT MAY BE CALLED AT THIS POINT.

UM, AND AGAIN, WE HAD FINALIZED, UH, RECOMMENDATIONS AND SENT THEM ON, UM, TO THAT, UH, THE FOLKS AT THE CITY STAFF THAT ARE WORKING ON THAT.

UM, SO, UM, I DON'T THINK THAT THERE'S REALLY PROBABLY ANY UPDATE ON THAT AT THIS POINT.

UM, G EIGHT,

[G-8 Discussion and possible action regarding alternative meeting dates and locations ]

UH, AGAIN, THIS IS SAYING ON OUR AGENDA, BUT THIS IS POSSIBLE TURNITIN MEETING DATES AND LOCATIONS, AND THIS REALLY COMES INTO PLAY IN SOME WAYS MORE ONCE WE'RE ACTUALLY BACK TO MEETING IN PERSON AND THAT SOME OF THE BOARDS AND COMMISSIONS WILL BE MEETING AT HIGHLAND, UM, AND, UH, AND MIGHT OR MIGHT NOT, UH, IT'S TO BE DETERMINED AT THIS POINT, FREE UP, UH, CITY HALL FOR US TO POSSIBLY MEET ON OTHER NIGHTS.

SO I THINK WE NEED TO, AT THIS POINT, WAIT UNTIL ALL OF THAT SHAKES OUT UNTIL WE CAN MAKE A DETERMINATION AND, AND GET WITH, UH, THE SCHEDULING PEOPLE AT THE CITY ABOUT THAT.

ALL RIGHT.

UH, ANY ANNOUNCEMENTS CHAIR, SORRY TO INTERJECT.

THIS IS THE AB TECH.

JUST WANT TO LET YOU KNOW THAT IT LOOKS LIKE YASMIN SMITH IS ON THE LINE NOW.

OH, OKAY.

OKAY.

I'M NOT SEEING HER CALLED IN.

I CAN'T ADD IT TO THE SCREEN, BUT SHE'S PROBABLY BE ABLE TO HEAR AND BE ABLE TO HEAR HER NAME.

I'M I'M HERE.

Y'ALL, I'M NOT REALLY SURE WHAT'S GOING ON WITH ME GETTING ONLINE, BUT I HAVE ANOTHER COMPUTER I'M GOING TO TRY TO GET ON WITH, BUT DIALED IN AND FILLED IN.

OKAY.

WELL, WE'RE JUST GLAD YOU'RE HERE, CAUSE THAT GIVES US EVERYBODY THAT WE NEED TO HAVE HERE TONIGHT.

SO, UM, JUST, UH, UH, STAY WITH US IF YOU CAN, AND, AND UNDERSTAND THE FRUSTRATIONS OF TRYING TO LOG ON SOMETIMES, EXCUSE ME.

[G-9 Announcements ]

SO, UH, THE ONLY, UH, UH, ANNOUNCEMENT THAT I'LL MAKE IS THAT, UM, UM, WE HAVE A VACCINE IN THE WORKS, SO THERE MAY BE A POINT AGAIN WHERE WE CAN ALL MEET IN THE SAME ROOM AS I HAD SAID.

AND, UH, I, YOU KNOW, I, UH, HOPE THAT EVERYBODY STAYS SAFE AND, UH, AND WELL OVER THE HOLIDAYS, UM, SO THAT WE CAN COME TOGETHER IN JANUARY AND CONTINUE OUR WORK.

JESSICA, I SEE YOUR HAND UP JUST REAL QUICKLY, HANUKKAH, WHERE TO WISH EVERYONE WOULD KIND OF GO, WE'VE GOT CHRISTMAS COMING.

IF WE DON'T HAVE TIME TO COVER IT AT THE END AMERICA.

THANK YOU.

THANK YOU FOR THAT.

YEAH.

YEAH.

EVERYBODY BE SAFE OVER THE HOLIDAYS.

HOPEFULLY PEOPLE WON'T BE TRAVELING TOO MUCH.

UM, SO ALL RIGHT.

UH THIS IS OUR LAST NEW BUSINESS ITEM.

THIS IS, UM, DISCUSSION OF, UH, ANY FUTURE AGENDA OR NEW BUSINESS ITEMS. IS THERE ANYTHING THAT WE WANT TO ADD TO OUR ALREADY RATHER LENGTHY LIST? OKAY.

SEEING NONE, I WILL, UM, MOVE US BACK TO OUR REGULAR AGENDA.

ALL RIGHT.

UM, SO THIS IS, UM,

[D-1 C15-2020-0074 William Burkhardt for Michele Conners and Seth Bank 1501 Nickerson Street (Part 2 of 2)]

GOING BACK TO VARIANCES NEW PUBLIC HEARINGS.

UH, AGAIN, THIS IS ITEM D ONE, UH, C 15 DAYS 2020 DASH ZERO ZERO SEVEN FOR WILLIAM BURKHART FOR MICHELLE CONNORS AND SETH BANK AT 1501, UH, NICKERSON STREET, A, UM, REQUESTS FROM THE LAW, UH, UH, VARIANCE FOR THE LAND DEVELOPMENT CODE REGARDING, UH, SUB CHAPTER F MR. CHAIR.

THANK YOU.

GO AHEAD.

NO, NO.

UH, I WAS GOING TO SAY, GO AHEAD, MR. CHAIR.

THANKS VERY MUCH.

SO THAT WORKED OUT WELL.

UM, SO THIS IS A, UM, UH, YOU KNOW, REQUEST FOR 85 SQUARE FEET FROM THE, UH, FROM THE MCMANSION ORDINANCE.

UH, AND IT'S A, YOU KNOW, IT'S AN OLD HOUSE PROBABLY PRE 1920S WITH A GUEST HOUSE ON THE PROPERTY.

UH, YOU CAN SEE, AND, UH, TO THE CHECK, I'M GONNA RUN THROUGH THE FIRST TWO AND THREE SIDES, AND THEN WE CAN SIT AND SCROLL, UH, AT A REASONABLE PACE, YOU KNOW, TOUCH THINGS AS THEY GO.

UM, SO THAT THE GUESTS, THE PALMER HOUSE IS 14 AND 31 SQUARE FEET.

THAT'S A SLIDE TO A SLIDE THREE, A BIGGER PARDON, UM, WITH A GUEST HOUSE ON THE PROPERTY OF 620 PLUS AMOUNT OF SQUARE FEET.

UM, THE OWNERS ARE LONG TIME OWNERS.

THEY'VE LIVED THERE SINCE, UH, 2007.

SO ABOUT 14 YEARS, UH, THEY, YOU KNOW, GIVEN WITH COVID AND, AND

[00:30:01]

TH THE REALITY OF A FAMILY AND WORKING FROM HOME, THEY, THEY WOULD LIKE TO ADD TO THE HOUSE.

UH, AND IT'S A MODEST ADDITION.

I'M GOING TO EXPAND THE KITCHEN, THAT ADDITIONAL AREAS IN THE BEDROOM AT A PORCH ON THE SECOND FLOOR BEDROOM, UH, SLIDE THREE THEN IS, UM, IS, IS MORE OR LESS CONCERNED WITH THE IDEA OF THE GUEST HOUSE AS A HARDSHIP.

AND THE IDEA WOULD BE THAT IT'S POSSIBLE PROBABLY TO DEMOLISH THIS AND BUILD SOMETHING WITHIN THE, WITHIN THE CONSTRAINTS OF THE LAND DEVELOPMENT CODE, UH, BUT WITH THE GUEST HOUSE ON THE PROPERTY AND WITHOUT DEMOLISHING IT, UH, IT'S, IT'S NOT FEASIBLE TO ADD TO THE EXISTING HOUSE, GIVEN THAT YOU'VE GOT AN UPSTAIRS AND EVERYTHING ELSE, UM, TO CREATE THE PRESENT A REASONABLE ADDITION TO THE HOUSE.

ANYWAY, THE FACT THAT HE'S IN A TRANSITION ZONE, UM, THERE'S A LOT OF COMMERCIAL DEVELOPMENT ON, AROUND IT.

THERE'S A LOT OF FAIRLY LARGE STRUCTURES.

SOME ARE CONFORMING, SOME ARE NOT, SOME ARE, UM, QUESTIONABLY PERMITTED, UH, BUT THE POINT BEING, I GUESS, THAT THE, UM, UH, PROPOSAL THAT WE'RE ASKING TO LIVE IN A CERTAINLY NOT AFFECT, UH, ANY OF THE ADJACENT PROPERTIES ADVERSELY, YOU KNOW, THE WHOLE IDEA OF MCMANSION BASICALLY WAS TO PREVENT, UH, HOUSES FROM BEING, BECOMING SO LARGE THAT THEY WOULD OVERWHELM, UH, ADJACENT PROPERTIES.

AND YOU CAN MORE OR LESS CITY FROM THE, UH, FROM THE PHOTOGRAPHS THAT ARE PART OF THE PRESENTATION AND PART OF THE BACKLOG, UH, THAT THERE'S NO DANGER OF THAT HAPPENING IN THIS CASE.

UM, YOU CAN SEE FROM THE AREA THEN THAT'S PROBABLY SLIDE FIVE AND SIX THAT, UM, UH, THE HOUSE IS LOCATED VERY, VERY CLOSE TO CONGRESS AVENUE, AS I SAID, A LOT OF COMMERCIAL ACTIVITY IN THE, IN THE AREA.

UH, SO THERE'S, THERE'S A CONSIDERABLE AMOUNT OF TRAFFIC AND, UM, UH, GENERALLY SUFFERS FROM THE FACT THAT IT'S IN A TRANSITION ZONE.

UH, WILL YOU HOLD ON JUST A MINUTE THERE, UH, AB UH, AB CAN WE GET, UH, UH, KEEP UP WITH THE FIVE AND SIX ON THE PRESENTATION WHEN THE APPLICANTS ARE ASKING FOR THAT? THANK YOU.

OKAY, GO AHEAD.

WILL YOU, I'M SORRY.

ALL RIGHT.

SO, UM, , UH, FIVE, SIX, SEVEN, AND EIGHT WOULD MORE OR LESS GIVE YOU AN IDEA OF WHAT THE CONSTRAINTS AND THE ISSUES ARE WITH THE PROPERTY.

AGAIN, IT'S, IT'S A BLACK OFF CONGRESS.

UH, THERE'S A, WE ALL KNOW THIS AREA IS VERY HEAVILY TRAFFICKED.

UM, YOU KNOW, AGAIN, UH, IN CONTEXT, THE ADDITION IS, IS ALMOST IMPERCEPTIBLE THAT THE ADDITIONAL SQUARE FOOTAGE FROM THE ADDITION THAT'S BEING REQUESTED IS ALMOST IMPERCEPTIBLE, UH, IN CONTEXT.

UH, AND AGAIN, UM, THE, UH, THE GUEST HOUSE, OBVIOUSLY, UM, BY VIRTUE OF THE FACT THAT IT, IT IS EXISTING AND IT IS AFFORDABLE, AND IT IS A HOUSING SHOCK THAT, THAT IS DESIRED IN THIS AREA.

SO IT'D BE A SHAME TO TEAR IT DOWN OR TO REMOVE IT, TO GET, TO ADD SQUARE FOOTAGE TO A PRIMARY STRUCTURE.

AND THAT, THAT IS A RISK IF THE, IF THE, UH, IF THE PROPERTY WOULD IT BE.

SO, YEAH, SO THE, UH, THE WHOLE IDEA OF THE, UH, THE, UH, THE NEW CODE, UM, COMING ON, IS THAT MY THOUGHT I SHOULD, I SHOULD KNOW BETTER.

ALL RIGHT.

UM, WE CAN SCROLL THROUGH THE REST OF THE SLIDES.

I THINK THEY'RE PRETTY, SELF-EXPLANATORY, UH, BE HAPPY TO ASK YOUR QUESTIONS, OBVIOUSLY.

UM, THE, UH, SQUARE FOOTAGE, AGAIN IS 85 SQUARE FEET, UM, PUT IN IS, UH, BASICALLY MORE OR LESS THE RESULT OF A STAIRWELL.

UM, AND I THINK EVERYTHING OUGHT TO BE PRETTY SELF EXPLANATORY.

THE ADJUSTMENT STRUCTURES ARE OBVIOUS, UH, THE SCALE AND SIZE OF THOSE.

OKAY.

THANK YOU VERY MUCH.

ALL RIGHT.

THANK YOU, WILLIAM.

ALL RIGHT, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

UM, SO, UM, ARE THERE QUESTIONS OF THE APPLICANT OR EMOTION I'LL MAKE A MOTION TO APPROVE, BUT DALE HAS, LOOKS LIKE HE ASKS QUESTIONS AND NOW WE'VE GOT A SECOND BY MELISSA AND JESSICA.

OKAY.

UM, SO WE HAVE A MOTION TO APPROVE MICHAEL OLIN.

SECOND BY JESSICA.

YOU SAID, UH, TAKE YOUR PICK JESSICA OR MELISSA.

OKAY.

LET'S LET'S DO MELISSA NOW.

YEAH, WE MIGHT NEED JESSICA LATER.

ALL RIGHT.

SOUNDS GOOD.

YEAH.

AND I'M SURPRISED WE DIDN'T JUMP IN EARLIER, MICHAEL.

I WAS GOING TO, BUT AFTER THE LAST ONE, I WASN'T SURE HOW MANY PEOPLE WERE FAMILIAR WITH THAT, WITH THE PATIENT AND EVERYTHING ELSE.

SO I FIGURED WHEN THEY

[00:35:01]

WOULD SHOW THE SLIDE AND THEY SHOW THAT BIG, EMPTY PARKING LOT ACROSS THE STREET AND THE PARK, YOU KNOW, SITTING ON THE CORNER, THEN PEOPLE WOULD BE ABLE TO MAYBE SUPPORT IT EASIER.

ALL RIGHT.

SO DO YOUR OWN, DID YOU HAVE A QUESTION OF THE APPLICANT? I HAD A QUESTION.

YES.

UM, THE, THE HARDSHIP IS THAT BECAUSE OF THE ADU, YOU'RE NOT ABLE TO, UH, ADD ANY MORE TO THE MAIN STRUCTURE.

IS THAT WHAT I UNDERSTAND, MR. BURKHART? I REMEMBER IT, YES.

THAT'S BASICALLY THE CASE.

UM, YOU KNOW, WHAT WE'RE ENDING UP WITH ON THE, ON THE MAIN HOUSE, THERE'S ABOUT 2,250 SQUARE FEET WITH THE PROPOSED ADDITION.

UM, AGAIN, WE COULD TEAR DOWN EVERYTHING AND START FROM SCRATCH.

JUST THE SAME WAY WE COULD CUT A TREE DOWN, ALTHOUGH OBVIOUSLY A HEARD SHOE HAS ITS OWN LIMITATIONS.

UM, SO YES, UH, THE PROPERTY HAS A HOUSE ON IT.

IT'S A SHAME TO LOSE IT, UH, TO WORK WITH THAT CONSTRAINT.

YES, THAT'S CORRECT.

OKAY.

THAT'S WHAT I NEEDED.

WELL, THE END, THE THING THAT I'LL SAY ABOUT THIS, BESIDES THE FACT THAT IT SORT OF DESCRIBES DIMINIMUS, UM, IS THAT, UH, UH, AS, UH, UH, UH, MR. BURKHART SAID THE, UH, SUB CHAPTER F THAT MCMANSION ORDINANCE WAS TRYING TO REDUCE THE SCOPE AND, AND, UH, UM, SCALING OF A LOT OF THE MCMANSIONS.

AND, UM, AS, AS SHOWN THIS, THIS, UH, PROJECT IS ALREADY, YOU KNOW, UH, GOING TO BE SMALLER IN TERMS OF SCALE AND MASSING, THEN A LOT OF THE NEW THINGS THAT ARE BUILT AROUND IT, UH, SO YOU CAN MEET THE ORDINANCE REQUIREMENTS AND STILL BE VERY OUT OF SCALE WITH THE NEIGHBORHOOD.

THIS HOUSE SEEMS TO BE IN SYNC WITH THAT, FROM MY PERSPECTIVE.

SO GO AHEAD, MR. CHAIR, I THINK THAT'S CORRECT.

MY CONCERN IS THE IDEA THAT THEY BROUGHT THIS ON THEMSELVES BY THE, BY THE CONSTRUCTION OF THE ADU, THEY BUILD THE ADU AND THEN THEY COME IN AND THEY SAY, OKAY, THESE EXISTING FACTORS, WE NEED A VARIANCE FROM THEM BECAUSE OF SOMETHING THAT THEY THEMSELVES DID.

UH, I MEAN, I THINK THAT THE BOARD LOOKS AT THIS AND, AND IS WILLING TO DO THE VARIANCE, BUT THAT IS SOMETHING THAT, UH, I THINK IT'D BE A GOOD IDEA TO HAVE MORE, I, MORE OF AN IDEA OF WHAT EXACTLY WOULD, UM, UH, YOU KNOW, STOP SOMEONE FROM BASICALLY CREATING A CONDITION ON THEIR LAW AND THEN USING THAT CONDITION.

WELL, HOLD ON THAT ONE LOT, ONE, ONE HOUSE WAS CONSTRUCTED BEFORE 1921 AND THE ATU AND THE OTHER ONE WAS THERE SINCE 1950.

SO I DON'T THINK THE FOLKS BUILT THAT SECONDARY UNIT AND CREATED A PROBLEM.

SO THAT'S YEAH, YEAH, YEAH.

THAT'S WHAT I WAS JUST CHECKING ON WAS THE TIMING OF THAT.

THERE WAS NO OLDER ADA, BUT SHOULD I DO A FINDING, SIR? AND WELL, ANY MORE DISCUSSION OR QUESTIONS BEFORE WE MOVE ON TO FINDINGS? OKAY.

ALL RIGHT.

LET'S GO AHEAD AND MOVE ON TO A DEFINED EXTENT.

REASONABLE USE ZONING REGULATION APPLICANT WENT TO THE PROPERTY, DID NOT ALLOW FOR REASONABLE USE BECAUSE THE PROPERTY IS A CORNER LOT FOR TWO EXISTING MODESTY, MODESTLY SIZED STRUCTURES.

ONE CONSTRUCTED BEFORE 1921.

THE OTHER BY 1950, THE HARDSHIP FROM WHICH VARIANCE IS REQUESTED IS YOU NEED TO THE PROPERTY IN THAT THERE ARE CURRENTLY TWO HOUSES ON THE PROPERTY, A PRIMARY RESIDENCE IN THE 622 SQUARE FOOT GUEST HOUSE, GIVEN THE CONFIGURATION LAYOUT AND DESIGN CONSTRAINTS OF THE EXISTING PRIMARY RES RESIDENCE, EVEN A PROPOSED MODEST ADDITION TO THE PRIMARY RESIDENT IS NOT POSSIBLE TO ACHIEVE THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE MANY RESIDENTIAL PROPERTIES IN THIS TRANSITIONAL ZONE HAVE REDEVELOPED INTO HYBRID RESIDENTIAL SLASH COMMERCIAL OPERATIONS WITH OUTSIDE STRUCTURES, OR HAVE DEMOLISHED EXISTING STRUCTURES TO CONSTRUCT NEW RESIDENCES OR OUT OUTRIGHT COMMERCIAL OPERATIONS AREA CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMANT PROPERTY WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THERE ARE CURRENTLY, THE AREA IS CURRENTLY CRAMP.

THE AREA IS CURRENTLY COMPRISED TONGUE TWISTING HERE OF MIXING ZONING AURIS AND A TRANSITIONAL AND HEAVILY TRAFFIC COMMERCIAL DISTRICT.

AND AS EITHER ADJACENT TO, OR PROXIMITY OF A STRUCTURE OF VARIETY SIZES, MOST OF ALL, WHICH ARE SIGNIFICANTLY LARGER THAN THE ONE THAT IS BEING PROPOSED.

THAT'S IT? MR. CHAIR.

OKAY.

VERY GOOD.

ALL RIGHT, SO LET'S GO AHEAD AND CALL THE ROLL BAILEY.

YES.

UH, JESSICA COHEN.

YES.

OUT OF CAROLL.

YES.

MELISSA HAWTHORNE.

YES.

[00:40:01]

DON LAYTON BURWELL.

YES.

HIRO PRUITT.

YES.

UH, VERONICA RIVERA.

YES.

ALRIGHT.

UH, YASMIN.

YES.

UM, AND I'D ALSO LIKE TO ADD, UM, THE, IF WE COULD THIS WHOLE DISCUSSION ON COMING TO A HARDSHIP VERSUS, YOU KNOW, THAT, THAT THIN LINE THAT WE JUST DISCUSSED, THAT BEING ADDED TO NEW BUSINESS OR ON THAT RUNNING LIST OF THINGS THAT WE NEED TO DISCUSS.

BUT MY VOTE IS YES.

I WOULD LIKE TO PULL THE THREAD, HOWEVER, ON WHERE THAT CONVERSATION TURN.

YES.

AND HARDSHIP WILL BE ONE OF THE ITEMS THAT IS GOING TO BE DONE IN OUR NEW TRAINING SESSIONS.

SO I'LL BE SURE TO CORRECT.

PERFECT.

I'LL I'LL YEAH.

I'LL HOLD IT UNTIL THEN.

THANK YOU.

ALL RIGHT.

THANK YOU.

UH, MICHAEL VON OLIN.

YES.

KELLY BLOOM.

YES.

ALL RIGHT.

PAST CHAIR.

CONGRATULATIONS.

YOU GOT YOUR VARIANCE.

THANK YOU ALL VERY MUCH.

YOU ALL LOOK GOOD? AND IT'S GREAT TO BE BACK.

WE DO MISS YOU.

WE DO MISS YOU.

I WISH I COULD RECIPROCATE DIRECTLY.

I KNOW, I KNOW THERE IS LIFE, SO EVERYBODY HAVE A HAPPY HOLIDAY.

IT'S TO SEE YOU.

THANK YOU.

I'M HAPPY FOR YOU.

I APPRECIATE IT VERY MUCH.

ALL RIGHT.

VERY GOOD.

OKAY.

[D-2 C15-2020-0076 Gina Hill for Gina and Peyton Hill: 1605 Brackenridge Street ]

UH, SO MOVING ON TO ITEM, SORRY.

I'M JUGGLING HERE.

D TWO.

THIS IS, UH, C 15 DASH 2020 DASH ZERO ZERO SEVEN SIX.

UM, THIS IS, UH, GINA HILL FOR GINA HILL AND PEYTON HILL AT 1605 BRACKENRIDGE STREET.

THIS IS A, UH, REQUEST, UH, VARIOUS FROM LAND DEVELOPMENT CODE.

AND THE PRIMARY SPEAKER IS BEN MAY THE APPLICANT AND ARCHITECT.

HELLO, GO AHEAD.

CAN YOU GUYS HEAR ME? YES, WE CAN HEAR YOU.

OH, OKAY.

VERY GOOD.

YEAH.

THANKS, SIR.

TAKE A MOMENT.

LOOK AT THIS WITH US THIS EVENING.

UH, THE VARIANTS WE'RE REQUESTING REALLY IS SPECIFICALLY TO THE DETACHED EXISTING DETACHED GARAGE AT THE REAR OF THE PROPERTY.

I'M NOT SURE IF YOU GUYS HAVE THE PRESENTATION PULLED UP, BUT THE FIRST SLIDE IN THE PRESENTATION SHOWS AT THE TOP, THE EXISTING GARAGE LOCATION, WHICH IS PRETTY MUCH IN LINE WITH ALL THE OTHER EXISTING STRUCTURES.

THAT'S A BACKUP TO DRAKE STREET.

THIS, UH, THIS PARTICULAR BLOCK BETWEEN BRECKINRIDGE STREET AND DRAKE STREET IS KIND OF A UNIQUE ONE.

IT'S, IT'S PRETTY MUCH THE ONLY BLOCK, UH, OR A COUPLE BLOCKS WITHIN TRAVIS HEIGHTS THAT HAS THIS, UH, UNIQUE CONDITION WHERE IT HAS THE STREETS THAT FACEBOOK'S FRONT AND BACK.

UM, BUT WHAT WE HAVE THERE IS WE HAVE AN EXISTING GARAGE THAT IS CERTAINLY OLDER, AND, UH, THE OWNERS WOULD LIKE TO SIMPLY REBUILD THIS GARAGE.

AND BECAUSE OF THE FACT THAT IT HAS STREETS FACING BOTH FRONT AND BACK, IT'S TECHNICALLY SUBJECT TO THE THROUGH LOT REQUIREMENTS OF HAVING A 25 FOOT SETBACK AT BOTH AND BACK.

AND, UH, THIS THROUGH LOT KIND OF REQUIREMENT IS ACTUALLY A BIT MORE DESIGNED TO APPLY TOWARDS DOUBLE LODGE THAT GO ALL THE WAY THROUGH.

THIS IS KIND OF UNIQUE IN THE SENSE IT'S JUST A SINGLE LOT.

SO IT DOESN'T EVEN REALLY HAVE A TYPICAL, UM, OPPORTUNITY TO HAVE A STANDARD REAR SETBACK, BUT IN SHORT, THE EXISTING GARAGE WHERE IT IS LOCATED, UH, REALLY ALL THEY'RE ASKING TO DO IS TO REBUILD THAT GARAGE AND IN DOING SO, THEY'RE ACTUALLY GOING TO BE SETTING THE NEW GARAGE FURTHER BACK INTO THEIR PROPERTY.

SO IT'S ACTUALLY GOING TO SIT FURTHER BACK FROM THE STREET.

AND CURRENTLY IT'S ONLY ABOUT ONE FOOT OFF THE ADJACENT PROPERTY LINE, UM, THE SIDE PROPERTY LINE, AND WE'RE ACTUALLY GOING TO BE MOVING THAT BACK TO THE STANDARD WITHIN THE STANDARD FIVE FOOT SIDE SETBACK.

SO IT'LL BE MORE COMPLIANT.

IT'LL ALSO BE MORE PROTECTIVE FOR FIRE CODE, AND IT'S GOING TO BE, YOU KNOW, OBVIOUSLY NEWER CONSTRUCTION.

WE'RE JUST GOING TO KEEP THE EXISTING GABLE AESTHETIC TO MATCH THE EXISTING HOUSE THAT, UH, THEY'RE GOING TO BE JUST DOING A LITTLE BIT OF INTERIOR REMODEL THAT, BUT THE EXISTING HOUSE IS GOING TO STAY THE SAME.

UH, WE'VE SPOKEN WITH ALL THE NEIGHBORS, UH, ALL ADJACENT AND ACROSS FROM THEM.

ALL THE NEIGHBORS ARE IN SUPPORT.

[00:45:02]

UH, WE ALSO SPOKE WITH DSRC.

THEY CAME OUT, TAKE A LOOK AT THE CONDITION AND OFFERED A VERY RARE LETTER OF SUPPORT.

UM, AND BASICALLY IT NOT ONLY DID THEY OFFERED US SUPPORT, BUT THEY STRONGLY ENCOURAGE THEM TO PURSUE PUTTING AN ADU ABOVE THE GARAGE, UH, WHICH WE WILL BE EXPLORING IF WE HAVE THE AVAILABLE FAR TO DO.

SO.

I THINK WE HAVE JUST ENOUGH TO BE ABLE TO GET A SMALL UNIT ABOVE, BUT IT CERTAINLY WON'T BE A VERY BIG UNIT.

UM, AND THAT'S REALLY KIND OF WHAT WE'RE LOOKING TO.

THERE WAS ACTUALLY A VARIANCE PREVIOUSLY ISSUED FOR THIS EXACT SAME CONFIGURATION THAT VARIANCE EXPIRED.

SO WE'RE JUST COMING BACK TO SEEK RENEWAL ON THIS ONE.

I'M WONDERING, ARE YOU GUYS OKAY? YEAH, IT SOUNDED LIKE YOU JUST CAME TO THE END OF YOUR PRESENTATION.

OKAY.

UH, YES.

I'M NOT SURE IF YOU HAVE THE ABILITY TO KIND OF SCROLL THROUGH THE PRESENTATION A LITTLE BIT, BUT, UH, YOU KNOW, THE FIRST SLIDE BASICALLY SHOWS THE EXISTING GARAGE AND THE NEW PROPOSED LOCATION OF THE GARAGE SLIDE TWO GIVES A SITE PLAN, BASICALLY SHOWING A HASHED, UH, INDICATOR.

THE HASHED SECTION INDICATES WHERE THE EXISTING GARAGE IS, AND THEN THE DENSER HATCH SHOWS WHERE IT'S GOING TO BE RELOCATED.

UH, SLIDE THREE IS JUST THE SURVEY SLIDE FOUR IS ANOTHER ANGLE OF THE KIND OF MASSING STUDY, JUST TO KIND OF SHOW YOU HOW THE GARAGE WILL BE MOVING FURTHER BACK INTO THE PROPERTY AND FURTHER AWAY FROM THE NEIGHBORING PROPERTY.

UM, LET'S SEE.

SLIDE FIVE IS A PICTURE OF THE EXISTING GARAGE THERE THAT FACES DRAKE, THE OLDER STRUCTURE AND SLIDE SIX IS ALSO ANOTHER PICTURE SLIDE SEVEN SORT OF SHOWS YOU THE CONFIGURATION OR THE, UH, THE TWO BLOCKS THERE ON DRAKE AND ALL THE OTHER STRUCTURES.

THE THING THAT'S UNIQUE ABOUT THIS BLOCK IS THERE ARE PROBABLY THREE INSTRUCTED, EXCUSE ME, SIR, MAY I INTERJECT MELISSA? DO YOU WANT TO TAKE THIS ONE? AND YOU WANT ME TO MAKE A MOTION? WE DID PASS A VARIANCE ON THE BACK.

WHAT YOU'RE ASKING FOR IS NOT UNREASONABLE.

IT'S GOING TO BE BETTER.

IT'D BE A LITTLE BIT MORE IN COMPLIANT.

AND SO MELISSA, YOU WANT TO MAKE A MOTION TO ARGO.

I'LL MAKE A MOTION TO APPROVE.

I BROKEN, WE'LL GIVE THIS ONE A BREAKFAST.

I'LL SECOND IT, BUT JUST QUICKLY.

UM, IF THEY DO DO AN ADU, I WOULD LIKE TO CONDITION THAT IT'S NOT AN STR.

CAN YOU REPEAT THAT? I DIDN'T HEAR THAT.

IF YOU DO DEVELOP THE SECOND STORY INTO AN ADU ON THAT GARAGE, I WOULD LIKE TO, FOR IT TO NOT BE AN STR, IS THAT THAT'S A CONDITION OF THAT ADU THAT IT'D BE USED FOR YOUR LONG-TERM RENTAL OR FAMILY OR WHATEVER THAT WAY IT'S AN AFFORDABLE HOUSING UNIT FOR THE NEIGHBORHOOD.

I GUESS THE ONLY THING ON THAT THOUGH, BROOKE, THAT I WOULD DEFER TO LEE, UH, TO GET A QUESTION ON IS BECAUSE THEY'RE NOT EVEN SURE THEY'RE GOING TO DO ONE RIGHT NOW, AND IT MAY BE SOMETHING POSSIBLE THAT YOU MAY DO IN THE FUTURE.

ARE WE ABLE TO DO THAT? AND IN THIS CIRCUMSTANCE TO PUT A RESTRICTION ON A POSSIBILITY OF FUTURE, UH, BOARD MEMBER, UH, THE, UH, THE BOARD HAS THE DISCRETION TO PLACE CONDITIONS ON A VARIANCE.

UM, I WILL SAY TYPE TWO VARIANTS, UH, TYPE TWO STRS AS A GENERAL RULE ARE NOT ALLOWED IN THE CITY TYPE ONE, UH, OWNER OCCUPIED, UH, WE'RE, WE'RE, THERE'S AN OWNER OCCUPYING THE, THE PRIMARY RESIDENTS ARE ALLOWED UNDER CITY CODE, BUT, UM, THAT SAID, UH, THE BOARD HAS THE DISCRETION TO PLACE THE, THE, UH, CONDITION IN THE VARIOUS, THANK YOU VERY MUCH.

AND I WANTED THE APPLICANT TO HEAR IT FROM YOU.

AND ALSO THAT, YOU KNOW, THAT THERE HAS BEEN SOME CONCERN EXPRESSED BY THE NEIGHBORS AND SOME OF THE BACKUP FROM THAT.

OKAY, WE READY.

ZONING REGULATIONS APPLICABLE PROPERTY, DO NOT ALLOW FOR REASONABLE USES.

AS THERE ARE EIGHT STRUCTURES ALONG THE WEST SIDE OF DRAKE, THEY DON'T MEET THE CURRENT SETBACK REGULATIONS AND THEY CAN'T BE USED FOR SETBACK AVERAGING, UH, BECAUSE THEY'RE NOT A PRINCIPAL RESIDENTIAL STRUCTURE AS THIS VARIOUS WAS A PRE PRE PREVIOUSLY.

THIS IS AFFIRMATION OF THE, UH, PREVIOUS VARIANCE.

THE HARDSHIP FOR WHICH THE BRANCH HAS REQUESTED IS UNIQUE TO THE PROPERTY AS, UH, SOME OF THE STRUCTURES ALONG THE STREETS, UH, HAVE EXISTING NON-CONFORMING CONDITIONS.

UH,

[00:50:01]

THIS STRUCTURE WILL BE MOVED RELOCATED TO ACTUALLY MAKE THE CONDITIONS BETTER.

THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED.

AS MOST OF THE STRUCTURES ALIGNED DRAG DON'T COMPLY WITH THE CURRENT SETBACK REGULATIONS AND THE GARAGE IS IN SUCH POOR CONDITION.

I THINK ANYTHING WOULD MAKE IT BETTER.

UM, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFIRMING PROPERTY AND WILL NOT APPEAR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT AS WELL.

IT WOULD BE PROVIDING A REDUCED SETBACK.

IT IS ACTUALLY PROVIDING A BETTER FIRE DISTANCE SAFETY, UH, FROM THE ADJACENT PROPERTY AND BE IN ALIGNMENT WITH OTHER STRUCTURES ALONG THE STREET.

THAT'S ALL.

THANK YOU.

YOU'RE ON MUTE.

WE CANNOT HEAR YOU, SORRY.

I'M NOT SURE HOW THAT HAPPENED.

UM, UH, SO, UM, WE HAVE A MOTION TO APPROVE, UH, THE VARIOUS, UH, WITH THE, UH, ADDITION OF THE, OR THE PROVISOR THAT IF AN ADU IS PLACED ABOVE THE GARAGE, THAT IT WILL NOT BE AN SDR.

ALL RIGHT, LET'S GO AHEAD AND CALL THE ROLL, UH, ROUTE BAILEY.

YES.

UH, JESSICA GOING? YES.

AUTOCALL.

YES.

ALL RIGHT.

THANK YOU.

UH, MILITIA? YES.

ON LAYTON BURWELL.

YES.

DARRELL PRUITT.

YES.

VERONICA RIVERA.

YES.

ALL RIGHT.

YASMIN.

YES.

THANK YOU.

I'M SORRY.

YASMINA SMITH.

UH, MICHAEL VON OLIN.

YES.

ALL RIGHT.

AND KELLY BLOOM? YES.

ALL RIGHT.

VERY GOOD.

YOU GOT YOUR VARIANCE.

THANK YOU.

[D-3 C15-2020-0080 Paul Bielamowicz 2111 Wilson Street ]

OKAY.

UM, MOVING ALONG TO THE NEXT ITEM.

THIS IS, UM, ITEM D THREE C 15 DASH 2020 DASH ZERO ZERO EIGHT ZERO.

THIS IS PAUL.

OH, HALL.

YOU'RE GOING TO HATE ME.

UM, HIS LAST NAME STARTS WITH A B FOR 21, ONE, ONE, UH, WILLIAM WILSON STREET.

UH, THIS IS A, UM, VARIANCE FROM LAND DEVELOPMENT CODE, UH, REGARDING, UH, SETBACKS.

SO, UM, WE HAVE AS THE PRIMARY SPEAKER, UH, MR. SORRY.

YOU'LL HAVE TO TELL ME HOW TO SAY IT.

NO WORRIES.

YES.

BASED ON MY REVIEW OF THE APPLICANT AND THE SUBMITTAL, UH, THE SUBMITTALS THAT IT APPEARS IN OUR PACKET, IT APPEARS THAT HE AND HIS TEAM DID EVERYTHING BY THE BOOKS SUBMITTED PLANS, WHICH WERE REVIEWED AND APPROVED AND OBTAINED, UH, BY, UH, BY, UH, THE SANDY OBTAINED A BOAT, A BUILDING PERMIT STARTED CONSTRUCTION UNDER THAT BUILDING PERMIT.

AND THE OVERSIGHT BY THE DSD SHOULD NOT BE HELD AGAINST THE APPLICANT.

THE GARAGE IS SITTING IN THE ORIGINAL FOOTPRINT OF THE OLD ONE AS WELL.

SO THERE'S REALLY NOT A WHOLE LOT.

THAT IS, THAT IS HAPPENED.

IT'S NOTHING IS CHANGING OTHER THAN THEY'RE TAKEN DOWN.

AND THE PICTURE SHOWED THE DILAPIDATED OLD GARAGE.

SO I'M GOING TO MAKE A MOTION TO APPROVE.

I GOT THE SECOND ON THIS ONE, CAUSE I SAW THIS AND I WAS JUST MAD.

YOU SHOULD BE MAKING RESIDENTS PAYING FOR DSPS AND STATES.

THIS IS JUST BAD THAT, OKAY.

UM, SO, UM, UH, DID I CLOSE THE PUBLIC HEARING? IF NOT, WE'RE CLOSING THE PUBLIC HEARING.

WE HAVE A MOTION BY MICHAEL VON OLIN TO, UH, AND SECOND BY, UH, JESSICA COHEN, UH, BILL, IF YOU'LL READ YOUR YES, SIR.

THE REASON WE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY TO NOT ALLOW FOR REASONABLE USE, UH, BECAUSE, UH, LDC 25 TO EIGHT 93 ALLOWS FOR VEHICLE STORAGE SIMILAR TO HIS OWN PROPERTIES WITH SIMILAR SIZED LAUDER ALLOWED TO HAVE A GARAGE AND HAVE A GARAGE HARDSHIP.

THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AND THE GARAGE CANNOT BE RELOCATED OUT OF SETBACK AS THERE'S A HERITAGE OAK TREE, 24 INCHES THAT CONSTITUTES HARDSHIP RESTRICTING CONSTRUCTION IN THE AREA, OUTSIDE THE SETBACK, COUNTING, UH, CONSTRUCTING A NEW FOUNDATION OUT OF THE SETBACK WOULD DISTURB THE CRITICAL ROOT ZONE OF THE HERITAGE TREE.

THE HARDSHIP IS NOT GENERAL TO THE

[00:55:01]

AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE OF SIMILAR SIZE PROPERTY DOES NOT HAVE A HERITAGE HOPE TREE IN THIS LOCATION WOULD NOT HAVE THIS HARDSHIP AREA CHARACTER.

THE VINTAGE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY.

IT WILL NOT IMPAIR THE PURPOSES OF THE REGULATION, THE PURPOSE OF THE REGULATIONS OR THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE THE PROPOSER INNOVATIONS DO NOT INCREASE THE SIZE OR HEIGHT OF THE STRUCTURE AND DO NOT CHANGE THE USE OF DESTRUCTION.

ALL RIGHT.

VERY GOOD.

THANK YOU.

ALL RIGHT, SO LET'S GO AHEAD AND CALL ROLL BROOKS, BAILEY.

I SEE.

ALL RIGHT.

JESSICA COHEN OUT OF CAROLL.

YES.

ALL RIGHT.

MELISSA HAWTHORNE.

YES.

DON LEE PRUITT.

YES.

YES.

OKAY.

UH, YASMINA SMITH.

YEAH.

UH, AND MICHAEL, RON OLIN.

YES.

AND I'D LIKE TO THANK THE APPLICANT FOR THE DETAILED INFORMATION YOU PROVIDED IN THIS PACKET.

THAT'S VERY GOOD.

AND KELLY BLOOM.

YEAH.

ALL, YOU'VE GOTTEN YOUR MARRIAGE, MATT AND A THOUSAND TONIGHT PEOPLE.

OKAY.

THANK YOU CHRISTMAS.

YES.

SAME TO YOU.

ALL RIGHT.

UH,

[D-4 C15-2020-0081 David Cancialosi for Jim Goodwin 1209 N. Weston Lane ]

THIS IS ITEM, UH, D FOUR C 15 DASH 2020 DASH ZERO ZERO EIGHT ONE.

DAVID CAMPSIE LOC FOR JIM GOODWIN, 1209 NORTH WESTERN LAKE AND DAVID KENT CLOC IS THE SPEAKER ON THIS.

UH, I HAVE FAIRLY, UH, IN DEPTH, UH, PACKET.

I WILL TRY TO CONDENSE IT IN AS FAST AS I CAN AS COGENT AS I CAN WITHIN THE THREE MINUTES.

A LOT OF TIME.

UM, ESSENTIALLY WE HAVE A 1984 ERA CONSTRUCTION HOUSE THAT WAS NEVER ISSUED A BUILDING PERMIT, NO REQUIRED TO HAVE ONE.

UM, BUT BY THE CITY, EVEN THOUGH THE LAWS ON THE BOOKS AT THE TIME REQUIRED THE CITY, UH, TO HAVE THE BUILDING, UH, GET A BUILDING PERMIT AT THAT TIME.

SO WE DIDN'T KNOW WHY THAT WAS NEVER ISSUED OR SOUGHT AT THAT TIME.

WE JUST KNOW IT WAS, THERE IS NONE THAT, THAT EXISTS.

UM, MEP PERMITS WERE ISSUED.

VARIANCES WERE ISSUED THAT REDUCED THE SHORELINE SETBACK IN THE 1990S, UH, POOL PERMIT WAS ISSUED IN THE 1990S, UH, OVER THE COURSE OF A FALL AND SUMMER OF 1990, THERE WERE LIKE THREE PERMITS AND THREE VARIANCES ISSUED, UH, REGARDING THE SHORELINE SETBACK, INAPPROPRIATE FOR THE POOL OR FOR THE REMODEL OR THE HOUSE.

UM, AND 2020, THERE WAS A DECK REPAIR PERMIT ISSUED THE CITY, PUT A STOP ON IT AND SAID, YOU KNOW, YOU, WE GAVE YOU THE WRONG KIND OF PERMIT THAT WAS OVERTURNED.

AND THEN, AND AS PART OF THAT REVIEW, DSD SAID, GO GET A POOL PERMIT BECAUSE YOU'RE, YOU'VE NEVER HAD A POOL PERMIT FOR THE CHANGE OF SHAPE OF YOUR POOL.

UH, SO WE SAID, OF COURSE, WE'LL GET A PERMIT FOR THAT.

I GUESS IT WAS DONE IN 2012 WHEN THE SHAPE WAS CHANGED, WE SOUGHT PERMIT.

THEY SAID, YOU'RE OVER YOUR IMPERVIOUS COVER, GO GET A VARIANCE.

AND OF COURSE WE DISCOVERED, YOU KNOW, WE WERE AT NEAR 38% IMPERVIOUS COVER WHEN THE ALLOWANCE IS 20 DISCOVERED THE, UH, SHORELINE SETBACK HAD BEEN REDUCED BY THE BOARD OF ADJUSTMENTS IN THE 1990S TO AS MUCH, OR AS LITTLE AS 33 FEET.

UH, UH, PART OF WHAT STILL ENCROACHES INTO THE EXISTING GARAGE, WHICH IS WHY PART OF OUR, ONE OF OUR VARIANCES IS TO ALLOW THE REAR GARAGE TO ENCROACH, UH, INTO THE 33 FOOT SETBACK FOR A WIDTH OF 23.

SO IT REDUCES THAT PORTION DOWN TO A 21 FOOT SETBACK.

AND ESSENTIALLY WE'RE TRYING TO KEEP, WHAT'S BEEN IN PLACE FOR SOME 35 YEARS FOR THE MOST PART.

AND IN RETURN FOR YOUR CONSIDERATION, WE'RE ASKING THE BOARD, UH, LOOK AT THE RAIN GARDEN FACILITY THAT'S BEEN, THAT'S BEEN DESIGNED IT'S 500 SQUARE FOOT.

IT CAPTURES ABOUT 5,000 FOOT OF RUNOFF.

THERE'S AN ADDITIONAL DRAINAGE DITCH NEXT TO US, OUTPOUR THE LAKE.

AND WE'RE TRYING TO OFFSET ANY CONCERNS, UH, REAL OR THEORETICAL ABOUT IMPERVIOUS COVERAGE SHEET FLOW ON THE SITE AS A WHOLE.

SO WITH THAT, THAT'S MY THREE MINUTES.

AND I'M HERE

[01:00:01]

FOR ANY QUESTIONS.

YEAH.

WELL, LET'S CLOSE THE PUBLIC HEARING FIRST.

SO, UM, YEAH.

MICHAEL, DID YOU HAVE WHAT I KNEW? AND THIS WAS ANOTHER ONE.

THIS WAS THE NOVEL THAT I WAS TALKING ABOUT.

SO FIRST OF ALL, DAVID,