[00:00:04]
[CALL TO ORDER]
I'M GOING TO CALL TO ORDER THIS MEETING OF THE AUSTIN BOARD OF ADJUSTMENT.IT'S LIKE WE HAVE A QUORUM PRESENT AND LET'S CALL THE ROLL.
SO IF YOU COULD JUST NEW MEMBERS WELCOME BY THE WAY, WHEN I CALL YOUR NAME, IF YOU JUST UNMUTE YOURSELF AND SAY YES, HERE AT PRESENT, UH, THOMAS EATS.
AND WOULD YOU PREFER, I CALL YOU TOMMY OR THOMAS? TOMMY.
I DON'T THINK WE HAVE HER UNIT.
BARBARA, HASN'T BEEN, UM, IT'S NOT OR CHANGE IT SO SORRY, DON.
SO THEN JUST NICOLE WADE HAS IT ALTERNATE.
SO KELLY STILL, WELL, IS THAT AN ALTERNATE? NO.
KELLY IS CITY STAFF IS AVAILABLE FOR QUESTIONS ON A CASE.
WHO ARE WE MISSING? AND THE ALTERNATE PRESENT.
SO GUYS, THE PATIENTS, MY FIRST TIME DOING THIS, YOU'RE DOING GREAT.
SO WHO ARE THE ALTERNATE SITTING IN FOR? SO I KNOW MICHAEL RUM ARE NOT WRONG.
MICHAEL VAN ALLEN IS OUT TONIGHT.
WE ONLY HAVE CARRIE FILLING IN BEFORE MICHAEL.
I'M TRYING TO GET USED TO THIS TOO.
SO THEN THAT'S THAT, UH, JUST A REMINDER TO EVERYONE IN THE AUDIENCE OR ON THE PHONE.
WE'RE DOING THINGS A LITTLE DIFFERENTLY FOR COVID.
SO, UH, OPPOSITION WILL HAVE AN OPPORTUNITY TO SPEAK, UH, SHORTLY HERE AT THE BEGINNING OF THE MEETING, HE WILL NOT GET TO SPEAK AGAIN.
UM, PLEASE KEEP YOURSELF MUTED UNTIL IT'S YOUR TURN TO SPEAK STAR SIX TO UNMUTE WHEN YOU'RE READY.
WE ARE NOT USING THAT SYSTEM ANYMORE, SO THEY ARE ABLE TO MUTE THEMSELVES ON THEIR OWN PHONE.
WE DO NOT USE STAR SIX THROUGH TEAMS ANYMORE.
[A-1 Staff requests approval May 10, 2021 draft minutes]
SHOULD BE THE MINUTES HERE.MOTION TO APPROVE THE MINUTES.
AMBRA KI I HAVE A MOTION BY MELISSA AND A SECOND BY BROOKE.
IT'S CALLED THE ROLE TOMMY EATS.
UH, I SAY YES, BUT I WOULD LIKE TO ABSTAIN ON THE TWO ITEMS THAT I AM ABSTAINING AND RECUSING ON FROM LAST TIME, WHICH IS CONFUSING BECAUSE THEY HAVE DIFFERENT NUMBERS.
OH, DO WE KNOW WHICH ONES? THOSE ARE? SHE'S MELISSA'S ABSTAINING FROM, UM, C W LEE ONE, WHICH IS 25, 52 ON A LUPUS STREET.
THAT'S CASEY WANTS 6 20, 21 0 0 0 3.
AND SHE, AND THEN SHE'S RECUSING HERSELF FROM D NINE, WHICH IS YES.
[00:05:03]
NORTH PAGE 35 SERVICE ROAD SOUTHBOUND.AND THEN, UH, 16, 20, 21
THAT'S OKAY TO MAKE IT MORE CONFUSING, BUT JUST WHEN YOU'RE GETTING STARTED.
OBVIOUSLY, YOU KNOW, RODRIGUEZ? YES.
SIDE AGAIN, REPLACE YOU WITH ME GUYS.
UH, IT'S HARD BECAUSE THIS ISN'T NORMAL BECAUSE IT'S ALL ON YOU WHEN IT USED TO BE ALANI LANE.
SO, YOU KNOW, YOU'RE DOING GREAT, UH, POSTPONEMENTS
[B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda]
AND WITHDRAWALS.SO WE HAVE ONE WITHDRAW THAT'S UM, ITEM D TO C 15 DASH 2021 DASH 0 0 1 9 59 0 9 BULL CREEK ROAD.
AND THEN WE HAVE ONE REQUEST FOR POSTPONEMENT THAT'S ITEM, F1 C 15 DASH 2021 DASH 0 0 3, 6 61 41 JUMANA LANE.
THEY'RE REQUESTING A POSTPONEMENT TO JULY 12TH, 12TH MEETING.
HI, MY NAME IS RICHARD SUTTLE.
UM, I'M HERE FOR C1 ON A PREVIOUS POSTPONEMENT FOR A SIGN.
AND I WOULD ASK FOR INDULGENCE TO ASK FOR A POSTPONEMENT OF THIS ONE AGAIN.
I KNOW IT'S BEEN ON YOUR AGENDA A LOT, BUT THERE'S A LOT GOING ON AT TWO.
WE MAY NOT HAVE TO THAT'S THAT'S FAIR.
WE'LL GIVE YOU A CHANCE TO SPEAK.
DON'T WORRY ABOUT IT WITH AN AGENDA LIKE THIS.
ANY POSTPONEMENT REQUESTS ARE APPRECIATED.
I EXCEPT WE DO HAVE 12 ALREADY FOR NEXT MONTH.
SO RICHARD, YOU MAY NOT HAVE IT.
WELL, SO LET ME TELL YOU, I, I CAN POSTPONE TWO MONTHS.
UM, UH, THIS IS ONE OF THE ONES WHERE I HAVE THE LUXURY OF NOT HAVING TO FORCE IT.
THERE'S BEEN THERE'S NO ENFORCEMENT ACTION OR ANYTHING.
YOU GOTTA LOVE THE AUGUST EMOTION AND YOU'RE WILLING TO GO.
SO MOOD TRACKER, JULY, AUGUST, AUGUST, AUGUST FROM EXCEPTED.
HOW CLEAN THAT'S GOING TO MEAN? OKAY.
MELISSA HAWTHORNE, ABSTAINING STEAM WHILE DANIEL DARRYL PUT YES.
SHE, THAT WILL BE POSTPONED UNTIL AUGUST 9TH.
AND THE FOCUS MOMENTS, BECAUSE ONE OF THE POSTPONEMENTS IS TILL JULY 12TH, WHICH IS THE 61 41 JUMANA LANE.
I WAS JUST GOING TO DO THAT FOR HIS ONE KEY.
SO THEN WE CAN REDO FOR THE WITHDRAWAL AND THE SECOND POSTPONEMENT, SINCE HE WANTED OFFICE, HE WANTED TWO MONTHS.
WELL, I'LL GET OUT OF Y'ALL'S HAIR.
THANK YOU VERY MUCH FOR YOUR CONSIDERATION.
[00:10:01]
MOTION ON THE OTHER WITHDRAWAL OR SORRY, THE OTHER POSTPONEMENT AND THEN WITHDRAWAL ANYONE.UH, WAS THAT MELISSA OR IT DOESN'T MATTER.
YEAH, IT COULD BE MAYOR BURKE.
SO POSTPONEMENT IS TILL JULY 12TH, 12TH AND WITHDRAWN.
YOU KNOW, DON REALLY MADE THIS LOOK EASY.
SO THAT'S OFTEN THAT GUY WHAT'S REALLY IMPRESSIVE.
I'VE I WANT TO KEEP IT MOVING.
SO FIRST KEY PIECE, WHICH WILL BE ITEM C ONE OR NOT THAT'S POSTED FORMS, SIGNED PERFORMANCE ONE.
[D-1 C15-2020-0083 Daniel Salazar for Enez Salinas 2810 Gonzales Street]
C 15 20 20 0 0 8 3 4 28, 10 GONZALEZ STREET.UH, DO WE HAVE DANIEL SALAZAR ON THE PHONE? YES, YOU DO.
AND YOU HAVE A PRESENTATION, CORRECT? WE CAN GET THAT PULLED UP PLEASE.
MR. SALAZAR, WE'RE ON THE FIRST PAGE OF YOUR PRESENTATION.
WELL, MONEY WAS
I'M ASKING FOR A VERY DEPRESSED, IF YOU COULD JUST PAINT THE PAGE TO PAGE, I'M REQUESTING VERUS FROM THIS LAND DEVELOPMENT CODE, THE REQUEST IS FOR TWO FAMILY RESIDENTS LOCK LOCATION, AND THE STRUCTURE LOCATED IN THE BACK OF THE MAIN HOME.
UH, THE LOCATION OF THE HOME IS 4.6 FEET.
THE BACK OF THE TOP BACK COPPER LINE.
THE REASON FOR THE FORM WAS ONCE YOU SET IT IN ITS CURRENT LOCATION WAS FOR THE SAFETY OF MY FAMILY.
I, UH, I SET IT THERE AND THEN IT WAS APPROVED BY THE CITY.
AND ONCE I BEGAN TO BUILD, TAKE WASN'T IDENTIFIED BY THE CITY.
AND SO THE PROJECT WAS DIRECTED.
UH, COULD YOU PLEASE GO TO FRAME THREE? THAT IS THE, UH, THE FRAMING OR THE STRUCTURE IS THE HARDSHIP IS A VERSION OF THE COUNTRY, APPROXIMATELY 35 FEET.
UM, IT'S A, IT'S AN OVER MATERIAL IN SYDNEY TREE, WHICH IS, UH, PRETTY SPREAD OUT, UH, THE HEIGHT OF IT'S ABOUT 35 TO 40 FEET TALL.
GIVE YOU GO PLEASE TO, I GUESS THAT'S FREE FOR THAT.
THE HARDSHIP NOW THE REFRAIN FIRE.
THIS IS THE SURVEY FROM WOODS OR THE HOME ON THE TRAIN.
AND THEN, UH, ON FRAME SIX IS FOR THE BIG, THE TREES LOCATED.
IF YOU COULD GO TO FRAME SEVEN, IT'LL SHOW YOU THE LOCATION OF THE BUILD.
IT'S ABOUT A 1.6 FEET AWAY FROM THE MAIN PROPERTY LINE.
AND THAT'S WHY I'M ASKING FOR THAT.
THE VARIOUS REQUESTS ON FRAME EIGHT IS OF COURSE A, UH, A LETTER FROM, UH, THE ARBORISTS THAT I HAD, THAT IT JUST GIVES YOU A BRIEF EXPLANATION TO WHY IS THIS NEEDED AND EXPLAINS WHY THE, THE FORM
[00:15:01]
WAS BUILT WELL WITH THAT, WE CAN GO TO FRAME NINE.THAT'S JUST THE PICTURE OF THE MAIN HOME.
UH, I THINK YOU GO BACK TO ARMS TO FRAME 10.
THAT IS A PICTURE OF THE OVER SYDNEY TREE.
THE MATURE TREE FRAME 11 IS ANOTHER, UH, IF YOU COULD GO TO ANOTHER PICTURE OF THE, OF THE OVEREXTENDED TREE, UH, YOU CAN GO TO FRAME.
12 IS JUST ANOTHER PICTURE OF WHERE THE U UH, HOUSES BUILT, UH, FRAME 13.
THAT IS ANOTHER PICTURE OF THE OVER CITY TREE, 14 SYSTEM, OTHER PICTURE FRAME 14.
IT'S JUST ANOTHER, UH, PICTURE THE MAIN HOME.
AND IF WE CAN GO TO FRAME 15, THAT IS ANOTHER FIGURE OF THE BILL.
IF WE COULD GO TO A CRAY 16, THIS WILL BE THE FIVE OF THE HOUSE, WHICH IS FIVE FEET AWAY FROM THE PROPERTY LINE.
AND IF WE CAN GO TO FRAME 17, THAT IS THE BACK OF THE HOUSE WHERE THE HOUSE IS TOO CLOSE TO THE PROPERTY LINE.
IT IS 4.6 FEET AWAY FROM THE PROPERTY LANGUAGE.
AND I DON'T THINK WHEN YOU HAD THOSE LAST TWO SLIDES, I KNOW THAT THE LAST TWO SLIDES THAT YOU JUST ASKED TO HAVE PULLED UP, UM, THEY WEREN'T IN OUR PACKET AND I DON'T THINK THE CITY STAFF HAD THEM EITHER.
I DON'T KNOW WHY THAT DIDN'T HAPPEN.
IT'S THE SAME, UH, IT'S THE SAME PRESENTATION THAT I'VE HAD SINCE JANUARY AND I'VE HAD ALL THE PRINTS.
I DON'T KNOW WHY I COULDN'T COME UP.
SO YOU STILL HAVE ABOUT A MINUTE LEFT.
IS THERE ANYTHING ELSE YOU WANTED TO ADD OR, YEAH, IT'S JUST THAT I'VE BEEN AT THIS LOCATION OR I'VE BEEN IN AUSTIN ALL MY LIFE.
AND, UH, YOU KNOW, I JUST, UH, THIS HAS CONSUMED, UH, MY, ALL MY ENERGY AND MOST OF MY FINANCES THEN, UH, YOU KNOW, I JUST, I DIDN'T PLACE THIS THERE AND MALICIOUSLY, I, I, I WAS FOLLOWING EVERYTHING THAT THE CITY OF AUSTIN HAD TOLD ME TO DO AND, YOU KNOW, I WASN'T TRYING TO DO ANYTHING WITHOUT, UH, WITHOUT ANY PERMISSION.
SO, YOU KNOW, I JUST, I REALLY LIKED TO, TO GET THIS PATH BECAUSE I REALLY NEED TO MOVE FORWARD WITH THIS BECAUSE, UH, YOU KNOW, I REALLY DON'T HAVE ANYWHERE TO LIVE AND, UH, NO, I JUST, UH, OKAY.
OKAY, WELL, I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC SHARING QUESTIONS.
UM, BOARD MEMBER, MCDANIEL, MR. SALAZAR.
AND BEFORE I GET STARTED, I WANT TO ACKNOWLEDGE TWO THINGS.
NUMBER ONE, THAT IN PREPARING YOUR PRESENTATION, YOU'VE DONE A BETTER JOB OF CLARITY THAN A LOT OF THE PROFESSIONALS THAT GET PAID TO DO THIS.
I KNOW THAT PEOPLE CAN TALK ABOUT THE BOARD OF ADJUSTMENT BEING CLOSED OFF TO, UH, TO AVERAGE CITIZENS.
AND, AND SO FOR THAT REASON, I WANT TO COMMEND YOU FOR DOING A GOOD JOB ON THIS.
I ALSO WANT TO THANK YOU FOR YOUR PATIENCE AND I, I I'D REMIND THE BOARD.
AND FOR THOSE OF YOU WHO ARE NEW ON THIS BOARD, WE'VE BEEN LOOKING AT THIS CASE SINCE DECEMBER OR JANUARY.
AND I WANT TO SAY THAT WE HAVEN'T LOOKED AT THIS, BUT I WANT TO SAY THAT WE'VE POSTPONED THIS FOUR TIMES DUE TO A COMBINATION OF TECHNICAL DIFFICULTIES AND A LACK OF A QUORUM.
SO, SO MR. SHELLS ARE, YOU'VE BEEN VERY PATIENT I'M SYMPATHETIC TO WHAT YOU'RE GOING FOR, BUT THERE IS A SORT OF AN OBVIOUS QUESTION THAT I NEED TO ASK.
CAUSE I'D LIKE TO GET YOUR ANSWER HERE ON THE RECORD, WHICH IS IF THE PECAN TREE THAT NECESSITATES YOU MOVING THE LOCATION OF THE STRUCTURE IS INDEED OVER MATURE AND OVEREXTENDED AND IN BAD SHAPE, THEN WHY SHOULD NOT CLIMB TREE COME DOWN.
I'M ASKING YOU THIS BECAUSE I GET TO A MOTION THE HERITAGE TREATED BEGIN WITH.
AND I, YOU KNOW, I DON'T HAVE THE FINANCES TO DO THAT.
UH, THE FIRST PART OF YOUR ANSWER
[00:20:01]
IS, IS, UH, IS EVERYTHING I NEED AND I'LL GO BACK ON YOU IF ANYBODY ELSE HAS QUESTIONS.BUT, UH, BUT YOU'VE GOT MY SUPPORT.
YOU'VE GOT MY, I CAN ONLY SPEAK FOR MYSELF, BUT YOU GOT MY SUPPORT ON THIS REQUEST, MAN.
AND KELLY STILL WANTS TO SPEAK IF Y'ALL HAVE QUESTIONS.
AND THAT'S WHAT I WAS JUST GETTING READY TO DO.
UM, IS S UH, KELLY, IF SHE HAS ANY COMMENTS, I MEAN, I UNDERSTAND THAT THIS WAS A CITY STAFF ERROR THAT JUST WASN'T GOT, IT'S NOT LIKE THIS APPLICANT WAS TRYING TO BUILD SOMETHING OUT BY THE CODE, AND IF SHE JUST HAS ANY COMMENTS BEFORE WE MOVE FORWARD, KELLY, CAN YOU HEAR US? YES, I CAN.
AND JUST TO CLARIFY, I APOLOGIZE, YOUR VIDEO'S NOT ON HAPPENS ALL THE TIME.
UM, I WOULD LIKE TO SAY A FEW WORDS JUST ON, UH, MR. SALAZAR'S BEHALF, UH, YOU KNOW, MY STAFF AND I, OBVIOUSLY, WE, WE MADE A MISTAKE ON THIS.
UM, I THINK YOU HAVE TO LOOK AT IT IN TERMS OF WHERE, WHERE THIS DEPARTMENT WAS AT THAT TIME UNDER A COMPLETE REWARD.
WE HAD JUST BEEN ALLOCATED SEVEN NEW POSITIONS TO, UH, BY CITY COUNCIL IN OCTOBER.
THIS OCCURRED, UH, IF I'M NOT MISTAKEN FIVE MONTHS AFTER THAT.
SO THE EMPLOYEE THAT WAS DOING THIS HAVE LESS THAN FIVE MONTHS OF EXPERIENCE, UH, WE WERE ALSO LOST SEVERAL VETERAN INSPECTORS AROUND THE SAME TIMEFRAME.
SO NOT ONLY WERE WE TASKED WITH BRINGING IN SEVEN BRAND NEW EMPLOYEES, BUT WE HAD TO FILL THREE VACANCIES.
IN ADDITION TO THAT, I DON'T KNOW IF YOU'LL REMEMBER, BUT AT THE TIME WE HAD A TWO TO THREE WEEK INSPECTION BACKLOG.
SO IT WAS A VERY TUMULTUOUS TIME FOR THE APARTMENT.
AND I THINK A LOT OF THAT, UH, DIDN'T NECESSARILY CAUSE THE ISSUE, BUT AT ATTRIBUTED TO IT.
AND I DO NOT BY ANY MEANS THAT MR. SALAZAR DID ANYTHING MALICIOUSLY AFTER MULTIPLE CONVERSATIONS I'VE HAD WITH HIM.
AND, UH, I, I DON'T BELIEVE THAT'S THE CASE.
AND IN THIS LINE OF WORK, UM, YOU KNOW, I FEEL LIKE I'M, I CAN IDENTIFY THOSE INDIVIDUALS THAT ARE TRYING TO BE MALICIOUS OR DECEPTIVE, UH, PRETTY EASILY.
I DON'T THINK THAT THE CHICK, THAT WAS THE CASE WITH MR. SALAZAR AT ALL, AND STRUCTURALLY THE ONLY CONCERN WE HAVE, WHAT WE SAID THAT REALLY REGULATIONS AS IS IN THE FIVE BOOKS SET BACK CAUSE FOR FIRE SEPARATION.
AND THAT'S SOMETHING THAT CAN EASILY BE ADDRESSED, UM, WITH A ONE HOUR FIRE RATED ASSEMBLY ON THAT WALL.
SO IF ANYONE HAS CONCERNS ABOUT FAR SEPARATION OF, SHE WANTED TO TOUCH ON THAT AND I'LL CLOSE WITH THAT, UNLESS ANYONE ELSE HAS QUESTIONS FOR ME.
THANK YOU, MR. STELLA, ANYBODY ELSE? UH, BOARD MEMBER HOTLINE.
SO I HAD A COUPLE OF QUESTIONS.
UH, SO WHAT IS ON THE OTHER SIDE OF THE FENCE? UM, I'M SORRY, THERE'S TWO HOMES ON THE OTHER SIDE OF THE BED.
SO ARE THEY, ARE THEY ALSO TWO STORY? NO.
OH, THE ONE IN THE BACK OF THE TWO STORY, THE ONE ON THE, ON THE SIDE OF THE HOUSE IS A ONE.
SO THE, SO YOU HAVE LIKE FACING LIKE IS, IS MY QUESTION.
AND THEN, UM, DO YOU KNOW HOW TALL IT IS? I BELIEVE IT'S LIKE ABOUT ATP.
YES, MA'AM WHAT NUMBER? WAIT, I JUST WANTED TO CONFIRM, UM, I'M NOT AS FAMILIAR WITH THIS CASE AS THE OTHER BOARD MEMBERS.
UM, BUT YOU DID SAY THIS WAS FOR, YOU SAYS YOUR PERSONAL RESIDENCE, IS THAT CORRECT? YES, MA'AM.
I'M PRETTY SURE MOM LIVES IN THE FRONT HOUSE.
I NEED TO GATHER MY THOUGHTS FOR JUST A MINUTE.
UM, BUT I'LL MAKE A MOTION FOR APPROVAL AT THAT TIME.
I'LL SUCK IT WHENEVER YOU'RE READY, MELISSA, OR, OR I CAN, I CAN DO THE MOTION IF YOU WANT, BUT IT SOUNDS LIKE YOU'VE GOT ONE QUESTION.
WELL, YOU'VE ALREADY GOT ONE AND I ALREADY SECONDED IT THOUGH.
UM, YOU LOOK ON WHAT WE HAVE RECEIVED IN OUR BACKUP MATERIALS ON D ONE SLASH 26.
IT SHOWS THE PLANS AND IT'S NOT 18 FEET
[00:25:01]
TALL.THE RIDGE HEIGHT IS 25 AND A HALF FEET TALL.
IF THAT MAKES A DIFFERENCE FOR ANYONE.
SO DO I HAVE A MOTION? IT'S CLAIRE, MELISSA HAD A NOTION AND I GAVE HER A SECOND.
I'M GOING TO WITHDRAW MY MOTION AND LET YOU GO.
CAUSE I WAS TRYING TO GATHER MY THOUGHTS IN A CERTAIN DIRECTION AND I'LL ADD TO YOURS.
UH, I'M WAITING FOR THE GIS THING TO PULL UP BECAUSE I WAS LOOKING AT SURROUNDINGS ZONING JUST BECAUSE OF ITS PROXIMITY TO PLEASANT VALLEY AND THE COMMERCIAL PROPERTIES THERE.
I THOUGHT THAT MIGHT ADD TO THE QUALITY OF MY MOTION.
YOU SOUND LIKE YOU'VE GOT A BETTER MOTION THAN I DID, BUT I'LL TAKE A FRIENDLY AMENDMENT.
UM, I MOVED TO APPROVE AND LET ME KNOW WHEN YOU NEED FINDINGS, JESSICA, AND JUST QUICKLY, DO WE NEED TO SAY ANYTHING NOW THAT DAWN'S HERE? HEDDA.
SO DID WE CLOSE THE BOARD MEMBER? WE DID POSITIVELY.
LET'S KIND OF CLOSE THE PUBLIC HEARING.
UM, FOR BOARD MEMBER MCDANIEL MAKES THE MOTION SECOND AND, UH, THE FINING MAY GO AHEAD AND GIVE YOU FINDINGS.
WE NEED A SECOND, SECOND, THE MOTION AND THEN FINDINGS PLEASE.
SO ANY REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE OF THE LOCATION OF A LARGE HERITAGE TREE ON THE PROPERTY AND THE CONFIGURATION A LOT ZONING FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE UNUSUAL CIRCUMSTANCE INVOLVED AS AN ERROR BY CITY STAFF, COMBINED WITH THE UNIQUE LOCATION OF THE TREE AND THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED FOR THE SAME REASON.
AND THEN FINALLY THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE AN ADU IS NOT A PRIVILEGE THAT IS UNUSUAL TO THE AREA, UH, AND IS, ARE CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD.
AND I WOULD, THE FRIENDLY AMENDMENT WOULD BE THAT THE WALL ADJACENT TO THE REAR SETBACK, BE FIRE RATED ONE HOUR CHEERFULLY ACCEPTED.
LET'S FOLLOW ALL TOMMY, TOMMY.
THANK YOU SO MUCH FOR YOUR PATIENCE IN THIS PROCESS.
I KNOW IT WAS A LITTLE MORE, BUT YOU DID GREAT.
NEXT WILL BE ITEM D TO C 15 20 21 0 0 1 9 5 9 0 9 BULL CREEK ROAD.
FOR THAT, I BELIEVE THAT I BELIEVE THAT CASE WAS WITHDRAWN.
[D-3 C15-2021-0027 Charles Shapiro 12905 Veronese Drive]
ON TO D THREE, UH, ITEM C 15 20 21 0 0 2 7 1 2 9 0 5.VERONESE DRIVE WITH CHARLES SHAPIRO.
YOU ONLINE? UH, YES, JOE, THIS IS CHARLES SHAPIRO.
I I'M, I'M THE OWNER OF, UH, FIRST OF ALL, I APPRECIATE THE TIME AND CONSIDERING THIS I'M THE OWNER OF 12, 905, UH, THERE NEEDS DRIVE.
UM, I'M NEW TO THIS PROCESS, SO APOLOGIES.
I DIDN'T REALIZE THE PRESENTATION DIDN'T CARRY THROUGH ON
[00:30:01]
THE, ON THE CANCELLATION.UM, SO I'M JUST GOING TO GO THROUGH THE, UH, UM, THE FULL PROPOSAL ON THIS SPECIFIC PAGE NUMBERS, REASONABLE USE.
UM, THIS IS BASED ON THE 18% SLOPE.
UM, SO THE 18% SLOPE, UM, BOTH GOING SOUTH AND WEST, UH, CREATES AN UNSAFE TRAVERSAL, UH, DIFFICULT TO GET DOWN THE BUILDERS ACTUALLY LEFT ROCKS.
THEY'RE MAKING IT EVEN MORE CHALLENGING, UM, UM, FOR BASIC ACCESS.
UH, AND THEN THE FRONT YARD, WHICH I'LL SHOW PICTURES OF, UM, IS ACTUALLY ELEVATED 10 PLUS FEET IN THE AIR.
UM, AND SO IT'S VERY DIFFICULT TO USE THE FRONT GUARD ALSO WITHOUT PRESENTING QUITE A BIT OF A SAFETY ISSUE.
THE HARDSHIP ITSELF IS THE 18% SLOPE.
UM, AND SO THIS, UH, THIS IS ILLUMINATED ON PAGE 14 OF THE, UH, OF THE FULL PACKET.
UH, THE BASICALLY SHOWS, UH, WE'RE TRANSITIONING DOWN 11.5 FEET AND, UH, JUST OVER THE LESS THAN 60 FEET, UH, GOING FROM OUR BACK PORCH DOWN TO OUR PROPERTY LINE, UM, OUR, OUR SOUTHERN PROPERTY LINE, THE, UM, THE SECOND, UH, I LEFT A FEW EXAMPLES OF THIS IN THE PACKET AND THE PRESENTATION PACKET.
AND SO, UM, THERE'S A PAGE 10 IS THE FRONT PAGE VIEW, UH, WHICH SHOWS WHAT THE BUILDERS DID TO DEAL WITH THAT, THAT 12 FOOT DROP GOING DOWN, UM, VERY HIGH TERRACING.
IT'S ACTUALLY A 21 STAIR ASCENT JUST TO GIVE TO OUR FLOOR, JUST TO GET THE GRADE LEVEL.
UM, WE HAVE A 12 FOOT DROPPED GARAGE, UM, WHICH IS THE PRESIDENT'S INTERESTING ARCHITECTURAL CHALLENGES ALSO.
AND THEN THE PAGE AFTER THAT IS PAGE 11, WHICH IS THE BACK VIEW, WHICH JUST REALLY SHOWS THE SLOPE, WHICH SOMETIMES IT'S HARD TO VISUALIZE, UM, BASED ON CAMERA.
UH, BUT THAT'S BASICALLY A PICTURE OF WHAT A PAGE OR PAGE 14 VENDORS, UH, BASED ON THE GRADE, UM, USING THE, UH, THE STAIRS IS PROXY IT'S, IT'S HARD TO JUDGE GRADE, UH, AROUND OTHER NEIGHBORHOODS.
DEFINITELY THERE ARE SOME GRADE, UM, BUT THERE'S NO PROPERTIES THAT HAVE EVEN HALF IN IN FACT THE CLOSEST IS HALF.
UM, AND THERE'S ONLY TWO PROPERTIES THAT HAVE, UH, I THINK ONE HAS 11 STEPS UP TO IT.
IT'S, UM, IT'S LEVEL GRADE, AND THEN THE OTHER HAS 10 STEPS UP TO A GLOBAL GRADE, UM, WITHIN OUR ENTIRE SUBDIVISION.
SO WE'RE, OUR SLOPE IS TWO TIMES BIGGER THAN WHAT WE CAN FIND THAT THE, UH, THE NEXT GREATEST, AND EVEN THEN THOSE ARE FAIRLY RARE IN THE COMMUNITY IN TERMS OF AREA CHARACTER.
UM, OUR PLANS ARE TO KEEP THIS VERY CONSISTENT WITH WHAT THE BUILDER DID IN THE FRONT YARD, UM, WHICH IS, UH, CONTINUING TO DO LIMESTONE TERRACING, UH, BASICALLY INCREASING THE AMOUNT OF FLAT SURFACE AND CAPTURE WATER CAPTURE AREA.
UM, AND THEN THE BULK OF THE PLAN IS TO BUILD A POOL, UM, WITH DECKING AROUND IT, WITH THE DUCTING COUNTING AS, AS 50% AND IMPERVIOUS, UH, BUT ULTIMATELY, UM, A COLLECTION OF OTHER PLANS THAT INCREASE THE FLAT SURFACE AREA AND WATER CAPTURE, UH, RELATIVE TO WHAT CURRENTLY HAPPENS ON THE 18% SLOPE.
UM, THIS AFFECTS TWO NEIGHBORS, SO WE'RE BACKED UP TO A GREEN BELT.
SO WE DON'T REALLY HAVE A BACK NEIGHBOR I THINK IS PROBABLY A SOLID A HUNDRED YARDS.
UM, SO THE NEXT STREET OVER, UM, SO WE HAVE, UH, A NORTHERN NEIGHBOR AND A SOUTHERN NEIGHBOR AND BOTH THOSE, UH, I PROPOSE, UH, THIS LAST YEAR WHEN WE STARTED THE PROCESS AND GAVE THEM PLANS AND THEY SIGNED OFF ON, ON THIS, UM, FROM THEIR PERSPECTIVE, AGAIN, IT SORT OF INCREASES THEIR PRIVACY AND IT'S BENEFICIAL, UH, FOR THEM ALSO, UM, AND I WON'T USE THE ENTIRE FIVE MINUTES, BUT I JUST WANT TO, ONCE AGAIN, APPRECIATE YOUR TIME AND CONSIDERATION.
LET'S CLOSE THE PUBLIC HEARINGS, UH, BOARD MEMBER LEADING BURWELL.
SO I GUESS MY QUESTION IS, UM, IS THIS IS ASKING FOR A, AN INCREASE IN IMPERVIOUS COVER, UM, WHICH, UH, WOULD BE REQUIRED IR REGARDLESS OF THE SLOW, UM, THAT BASICALLY IT'S A SMALL LOT THAT THAT HAS A LOT OF HOUSE AND A LOT OF DRIVEWAY ON IT.
UM, BUT, UH, I I'M, UH, FAILING TO UNDERSTAND, SO I GUESS IT'S A QUESTION OF THE APPLICANT.
HOW IS THE GRADE HAVE ANYTHING TO DO WITH THE IMPERVIOUS COVER? BECAUSE IF IT WAS A TOTALLY FLAT BACKYARD, WE'D STILL BE ASKING FOR THE SAME BEER.
UH, IF IT WAS A TOTALLY FLAT BACKYARD, WE WOULDN'T BE REQUESTING THE DECK, WHICH IS THE BULK OF THE IMPERVIOUS COVER.
SO, UM, IT'S VERY DIFFICULT TO ADDRESS THE 18 PER SLOPE, THE 80% SLOPE, UM, WITH ANYTHING OTHER THAN A DECK, UH, BECAUSE WE WOULD HAVE TO BUILD UP 10 FEET INTO THE AIR, UM, IN TERMS OF, YOU KNOW, NEW MATERIAL COMING INTO THE LOT.
SO THE BULK OF THE REQUEST IS ACTUALLY NOT THE POOL, BUT THE POOL ITSELF, UH, POTENTIALLY COULD BE MITIGATED.
UM, YOU KNOW, CAUSE IT ONLY USES UP THE COPING SPACE.
THE BULK OF THE REQUESTS IS AROUND THE DECK BECAUSE IT'S VERY
[00:35:01]
CHALLENGING FOR US TO FIND ANY OTHER WAY TO MAKE PRETTY MUCH, UH, 70% OF OUR BACKYARD USABLE AND, AND THE SIDE YARD, UM, WHICH IS ALL UNUSABLE COMBINED WITH THE FRONT YARD, WHICH ENDS UP BEING VIRTUALLY UNUSABLE.UM, SINCE IT'S IT'S 10 FEET UP IN THE AIR AND ACTUALLY DETACHED FROM ACCESS FROM GROUND LEVEL ACCESS NUMBER BAILEY.
YES, I HAVE KIND OF SOME FOLLOWUP TO THAT I NOTICED ON DAY THREE 15, YOU SAY THAT YOU HAVE THE STONE TERRACE UNDER THE DECK, WHICH NEGATE THE 50% THAT THE DECK IS, IT WOULD MAKE IT A HUNDRED PERCENT IMPERVIOUS.
AND THERE'S JUST SEEMS LIKE THERE'S SOME THINGS THAT YOU COULD DO TO MINIMIZE LIKE DOING A CRUSHED GRANITE PATH.
THAT'S ALSO CONSIDERED IMPERVIOUS.
SO IF YOU COULD USE ANOTHER MATERIAL, YOU COULD REDUCE YOUR IMPERVIOUS THERE.
UM, YOU'RE DOING A POOL AT A SPA AND A VERY LARGE DECK AROUND IT.
AND I JUST FEEL LIKE THERE'S A LOT OF OPPORTUNITIES HERE TO BRING SOME PERVIOUS DOWN, IF NOT, IT'S A LOT CLOSER TO 45% THAN WHAT IT IS NOW, BECAUSE THE POOL IS NOT A HARDSHIP, A POOL IS A DESIRE, SOMETHING WE ALL WANT IN OUR BACKYARD, BUT SOMETIMES YOU JUST DON'T HAVE THE ROOM OR THE ZONING OR WHATEVER IT IS.
SO, UM, I JUST, I THINK YOU'VE BUILT YOUR DREAM.
UM, BUT I JUST DON'T FEEL LIKE IT IT'S A BLANK SLATE.
AND I THINK THERE'S THINGS YOU CAN DO TO MINIMIZE THAT IMPERVIOUS THAT HAVEN'T BEEN DONE ON THIS PLANT.
I WAS THAT MEMOS OUT OF THE QUESTION.
WELL, YEAH, I'M ASKING IF YOU KNOW, WHY, IF YOU HAVE A STONE TERRACE UNDER THE DECK, THEN PART OF THAT IS THAT THAT'S NOT 50% PERVIOUS IF IT'S, IF YOU HAVE STONES.
SO THE, THE PART THAT THE STONE TERRACE UNDER THE DECK, UM, THAT'S ACTUALLY, THAT'S RD PERVIOUS COVER THAT'S GRASS RIGHT NOW THAT'S PART OF THE 18% SLOPE.
SO THE BUILDER BUILT WITHIN, I THINK, THREE FEET OF IMPERVIOUS COVER.
UM, THE DECK WOULD BE GOING OVER THE IMPERVIOUS COVER OR SORRY, WHAT'S ALREADY PERVIOUS WHICH GRASS RIGHT NOW, THE SLOPING WOULD BE THROUGH A MITIGATE.
I MEAN, IT'S BY ADDING THE DECKING, WE'RE TAKING AWAY FROM IMPERVIOUS COVER.
AND SO UNDER THE DECKING, WE COULD ACTUALLY LEVEL IT OUT TO, TO CAPTURE EVEN MORE WATER THAN WE'RE GETTING RIGHT NOW.
SO LIKE A CRUSHED STONE, IS IT, WHAT IS THE STONE? WHAT IS THE STONE TERRACE THAT'S GOING TO BE UNDERNEATH THE DECK? WHAT IS THAT MATERIAL? WELL, RIGHT NOW THIS IS GRASS.
SO THIS IS PART OF OUR PUTTING THE DECKING OVER THAT, PUTTING THE DECKING OVER THAT TAKES WHAT IS PERVIOUS RIGHT NOW AND CHANGES IT TO 50%.
BUT ON YOUR PLANS, IT SAYS STONE TERRACE UNDER DECK.
AND I'M TRYING TO UNDERSTAND UNDER THE, UNDER THE DECK, I COULD DO LEVELING TO BE 18% GRADE, SO THAT A TERRORIST THING.
SO IT ACTUALLY CAPTURES MORE WATER THAN IT DOES RIGHT NOW, SIMILAR TO WHAT IS IN THE FRONT, HOWARD.
THEY HAVE THE RETAINING WALL, RIGHT.
BUT THAT'S ALSO FULLY IMPERVIOUS.
SO IS THAT BEING COUNTED IN YOUR CALCULATIONS? UH, NO.
THAT'S ACTUALLY, THAT'S JUST BEING GIVEN AS SORT OF GOODWILL TO MITIGATE THE ASK FOR THE DECK.
AND SO I WANTED, UH, I, I WANTED TO ADDRESS THE MAIN QUESTION.
SO IN PREVIOUS COUPLE OF QUESTIONS, NOT ABOUT THE POOL EITHER IT'S A HUNDRED PERCENT ABOUT THE DECK BECAUSE WE HAVE NO OTHER WAY TO MITIGATE THE 18% SLOPE.
AND THAT WAS MY WHOLE COMMENT IS YOU HAVE A LARGE POOL, A SPA, A CRUSHED GRANTED, YOU KNOW, WALKING PATH AND ALL OF THOSE SEEM A BIT EXCESSIVE.
IT SEEMS LIKE THAT THAT'S YOUR DREAM AND THAT'S YOUR DESIRE, BUT IT'S NOT A HARDSHIP.
AND SO I'M TRYING TO UNDERSTAND THE HARDSHIP HERE BECAUSE YOU DON'T HAVE TO BUILD IT THAT BIG.
YOU DON'T HAVE TO HAVE THAT MUCH THING.
YOU DON'T HAVE TO HAVE, YOU KNOW, DEEP, UH, DECOMPOSED GRANITE WAS TALKING THAT WAY.
SO I'M JUST TRYING TO FIGURE OUT WHAT YOUR HARDSHIP IS.
AND I NEEDED, I NEED YOU TO EXPLAIN IT A LITTLE BIT BETTER.
SO, UH, ALL THE OTHER PROPERTIES IN OUR SURROUNDING AREA, THEY GET TO USE A HUNDRED PERCENT OF THEIR PROPERTY BECAUSE THEY DON'T HAVE AN 18% SLOPE ON THE PROPERTY.
SO THE HARDSHIP IS THE FACT THAT WHEN WE COME OUT, OUR BACKYARD, WE'RE FACING AN 18 DISPOSAL, WHICH IS ACTUALLY STEEPER THAN ROAD GRADE.
I MEAN, ROADS CAN'T GO THAT STEEP.
MAY, MAY I MET HIM CH ROM, YOU'RE NEXT TO DO YOU WANT TO GO? OR I'M GOING TO DEFER TO MELISSA.
SO I UNDERSTAND YOU, YOU, YOUR HOUSE IS ON, ON WHAT APPARENTLY IS.
THIS IS A CREST AND THEY'VE DONE A LARGE AMOUNT OF IMPERVIOUS COVER IN THE FRONT AS TO BE ABLE TO ALLOW YOU TO GET TO THE FRONT DOOR.
[00:40:01]
MOST PEOPLE DON'T HAVE, UH, 12 FEET OF STEPS GOING UP TO THEIR FRONT DOOR AND, AND MIGHT HAVE A PATH OR SOME STUFF STEPPING STONES OR SOMETHING LIKE THAT.AND THEN TRYING TO LEVEL OUT THE DECK AND CREATE A SPACE, ESPECIALLY WITH THE HEAT AND COVID AND EVERYTHING ELSE.
I UNDERSTAND WANTING TO HAVE YOUR, YOUR, UH, PERSONAL RECREATION SPACE.
IT IS A LITTLE, UH, INTERESTING, UM, THE SETUP OF YOUR HOUSE.
ARE YOU PROPOSING ANY RAINWATER HARVESTING AS A WAY TO SET YOUR IMPERVIOUS COVER? OR ARE YOU TELL ME WHAT YOU'RE GONNA TELL ME WHAT YOU GOT THAT, THAT MIGHT MAKE THIS A LITTLE MORE PALATABLE.
THAT WAS THE, THAT WAS THE, SO WE WOULD BE BUILDING THE DECK OVER.
WHAT'S AN 18% SLOPE RIGHT NOW, WHICH IS PRETTY POOR AT CAPTURING WATER.
AND THE MITIGATION PROPOSAL WAS THAT WE WOULD ACTUALLY TERRACE THAT FLATTEN IT, SO THAT WHAT IS RIGHT NOW, 18% GRASS GRADE AND ROCK, UM, WHICH DOESN'T EFFECTIVELY CAPTURE WATER.
WE WOULD LEVEL THAT AND TERRACE IT UP THE 18% SLOPE SO THAT IT, IT, IT WOULD BE MORE EFFECTIVE AT THE INTENT OF, OF KATHERINE BUTTER.
OH, AND THIS WOULD BE UNDER THE DECK, WHICH IS CURRENTLY GRASS AND ROCK RIGHT NOW, BOARD MEMBER BARWELL.
SO I'M STILL STRUGGLING WITH THIS.
SO IT IS BUILDERS BOY, THESE DAYS TO MAXIMIZE IMPERVIOUS COVER BECAUSE THEY GET TO MAXIMIZE THE PROFITABILITY.
AND THEN, UH, ESSENTIALLY SADDLE, UM, THE HOME OWNER WHO ARE NOT ALWAYS ADEPT AT, UH, LAND VIEWS, THINGS WITH, UM, UH, IMPERVIOUS COVER IN THE INABILITY TO PUT A PAY WITH IT.
I DON'T THINK THAT IT IS THIS BODY'S JOB TO FIX THAT.
I THINK THAT WHAT HAS TO HAPPEN FROM MY PERSPECTIVE IS FOR IRATE HOME OWNERS TO GO, WHAT THE HECK WOULD YOU DO? SO THAT BUILDERS QUIT DOING THIS BECAUSE THEY DO IT ALL THE TIME.
I HAVE SELDOM SEEN A NEW PROJECT THOUGH IN, IN MY NEIGHBORHOOD, WHICH IS THE SENSE OF CITY WITH THE SAME IMPERVIOUS COVER.
UH, AND, AND THAT THEY DON'T MAXIMIZE THAT.
UH, ONLY TO AGAIN, UH, PUT THE HOMEOWNER AND ETHICAL.
I DON'T THINK THIS HAS ANYTHING TO DO WITH A SLOPE.
I THINK IT HAS TO DO WITH THE ASK OF SAYING, UH, WE DON'T, UH, YOU KNOW, I WANT SOMETHING THAT WILL REQUIRE ME TO EXCEED THE IMPERVIOUS COVER.
UM, AND I'M JUST, UH, I'M REALLY UNCOMFORTABLE IN, IN, IN, UH, SUPPORTING CERTAIN BY CONTRAST IF I WAS ONLY A QUESTION, SO WE'RE GONNA MOVE ON TO SUPPORT MEMBER HOTLINE.
SO I'M GOING TO MAKE A MOTION TO POSTPONE, AND I'M GOING TO MAKE THAT MOTION TO POSTPONE FOR TWO REASONS.
UM, I WOULD LIKE YOU TO GO BACK AND LOOK AT YOUR CONFIGURATION AND SEE IF YOU MIGHT, CAN TIGHTEN IT UP AND PROVIDE SOME INFORMATION ON SOME PERHAPS MITIGATING FACTORS ON RAINWATER HARVESTING AND HOW YOU COULD, UH, PERHAPS THE, UH, BARREL TANK AND HOW YOU WOULD USE IT AND HOW MUCH YOU COULD CAPTURE OFF YOUR ROOF, ET CETERA.
UM, I AM, I ALSO HAVE A VERY SLOPED BACKYARD AND IT MAKES THE PROPERTY, UH, PRETTY UNUSABLE BACK THERE.
AND SO I DO HAVE A DECK BACK THERE THAT MAKES ME BE ABLE TO USE A SMALL PORTION IN MY BACKYARD IS LITERALLY ABOUT 10 FEET DEEP, UM, OUTSIDE OF THE SETBACK.
SO IT'S NOT A VERY BIG SPACE, BUT THE WAY YOU HAVE THIS CONFIGURED, YOUR POOL IS PUSHED BACK TOWARDS THE BUILDING LINE.
AND I DON'T KNOW, WHAT'S ON THE OTHER SIDE OF THAT.
UM, I TRIED TO LOOK IT UP ON GOOGLE TO SEE IF THERE'S PERHAPS OPEN SPACE BEHIND YOU, YOU KNOW, GREENBELT GOLF COURSE.
THERE'S A PROVISION IN THE CODE THAT ALLOWS YOU TO BORROW 5% FROM THAT.
BUT IF YOU COULD, UM, TIGHTEN UP YOUR PLAN AND SHOW SOME MITIGATING FACTORS, I AM SENSITIVE TO THE FACT THAT YOU BOUGHT A HOUSE THAT HAS THREE FEET LEFT OF IMPERVIOUS COVER, BUT I THINK YOU'RE GONNA HAVE TO, I THINK A BOARD MEMBER, UH, LEIGHTON BURWELL HAS A REALLY GOOD POINT.
I MEAN, THIS, THIS HAPPENS QUITE OFTEN WHERE IT'S JUST MAXED OUT AND IT'S, IT'S NOT RIGHT, BUT IT'S ALSO,
[00:45:01]
YOU DO HAVE THE MITIGATING FACTORS OF, OF HOW MUCH IMPERVIOUS COVER HAD TO GO DOWN, JUST SO YOU COULD GET TO YOUR FRONT DOOR.SO IF YOU COULD BUILD ON THAT, THAT WOULD BE VERY HELPFUL.
SO THAT IS THE REASON FOR MY POSTPONEMENT IS TO GIVE YOU AN OPPORTUNITY CAUSE THIS ISN'T APPEARING TO BE GOING VERY WELL FOR YOU.
UH, SO IT IS ACTUALLY A KINDNESS.
IS THERE A SECOND? I'LL SECOND IT, BUT I, I WOULD LIKE TO, UM, I WOULD LIKE TO HEAR MR. SHAPIRO'S RESPONSE TO, UH, TO, UH, COMMISSIONER LIGHTENING BURWELL'S UM, QUESTION.
SORRY, COULD YOU, UH, COULD YOU REPEAT, I MISSED IT TOO.
I THINK IT WAS MORE OF A COMMENT.
I, I, ALL I WAS SPEAKING TO WAS, UH, THE DIFFICULTY FOR ME TO SUPPORT THIS, UH, YOU KNOW, I'M LOOKING AT A FOUR CAR GARAGE, UM, YOU KNOW, IT'S A LOT OF, IT'S A LOT OF DEVELOPMENT ON A SMALL SITE.
UM, AND, UM, AND, UH, UM, YOU KNOW, AGAIN, UH, WE'RE GOING TO CONTINUE TO ASSUME THIS KIND OF THING BECAUSE DEVELOPERS CONTINUING TO DO WHAT, AND FOR MY PART DONE, I AGREE WITH YOU, YOU KNOW, I SEE A LOT OF HOUSE ON THIS LOT WITH A VERY LARGE DRIVEWAY AREA.
AND I DO, YOU KNOW, TO THE, THE APPLICANT, ONE OF THE REASONS WHY I WANT TO HEAR YOUR COMMENT IS I'M ASSUMING THAT THIS WAS A CUSTOM HOUSE THAT YOU GUYS, UH, BUILT FROM A CUSTOM BUILDER.
I'M ASSUMING THAT THESE FEATURES AND AMENITIES OF THE HOUSE, INCLUDING THE FOOTPRINT OR THINGS THAT YOU WANTED AND GOOD FOR YOU, BY THE WAY, IT LOOKS BEAUTIFUL AND IT'S, AND YOU KNOW, I'VE LIVED ON A SLOPE BEFORE AND I CHOSE THAT LOT ON PURPOSE.
SO I'M, I'M CURIOUS, UM, AS TO WHAT YOUR RESPONSE TO THAT WOULD BE, BECAUSE IT IS SIMPLY A FACT THAT THE BUILDER DIDN'T LEAVE YOU MUCH TO WORK WITH.
SO TRYING TO ANSWER THE FIRST WHERE THE APPLICANT SPEAKS, CAN I, UM, I JUST WANT TO CLARIFY, UM, BOARD MEMBER MCDANIEL'S QUESTION, UM, BECAUSE I'M INTERESTED IN THAT AS WELL.
UM, MR. MCDANIEL, WHEN YOU SAY CUSTOM, DO YOU MEAN TRUE CUSTOM AS THE APPLICANT OWNED THE LOT BEFORE HE WENT AND PICKED OUT AN ARCHITECT AND AN ENGINEER AND HAD THEM OKAY.
YEAH, THE CABINET COLORS AND THE TILE AND ALL OF THAT, BUT ESSENTIALLY THE PLANS WERE ALREADY LAID OUT AND HE JUST PICKED OUT OPTIONS.
I DIDN'T MEAN IT IN THE TERM OF ART, UH, SO TO SPEAK YOU'RE YOU'RE SAYING THAT IT'S A GOOD CATCH INTERRUPT REAL QUICKLY, GUYS.
I'M NOT SEEING VIDEO ON NICOLE OR ON, UH, CARRIE, DO YOU GUYS HAVE Y'ALL THIS VIDEO TURNED ON? I THINK THAT'S A BANDWIDTH ISSUE ON YOUR SIDE.
JUST CLICK THE TWO, I WOULD SAY ON CUSTOM, SOMETIMES YOU CAN ADD A GARAGE BAY, A BUMP OUT.
AND SO IT'S MORE THAN JUST PICKING PAINT COLORS.
AND SO IF THIS APPLICANT ALSO ADDED A GARAGE BAY OR PUSHED OUT THE BACK OF THE HOUSE TO MAKE IT LARGER, UH, THOSE, ALL OF THOSE DECISIONS ALSO GO INTO, THAT'S DEFINITELY A FAIR POINT.
AND I THINK THE APPLICANT CAN ADDRESS THAT, BUT I'M JUST TRYING TO GET A SENSE OF, DID HE GO OUT AND HIRE AN ARCHITECT AND ENGINEER, PLEASE LET HER FINISH.
WE DON'T WANT TO SPEAK OVER EACH OTHER, ESPECIALLY IN THIS DIGITAL ENVIRONMENT AND BOARD MEMBER.
DID YOU HAVE YOUR HAND UP? YEAH.
UM, THERE WERE A COUPLE OF THINGS I WAS THINKING OF AS I WAS LOOKING AT THIS ONE PART OF THE IMPERVIOUS COVER IS BECAUSE THEY DESIRE TO HAVE SOME SORT OF WALK ALONG THE SIDE YARD, UM, WHICH DOES NOT NECESSARILY HAVE ANYTHING TO DO WITH THE SLOPE OF THE YARD IN THE BACK.
SECOND OF ALL, YOU KNOW, REGARDLESS WHETHER IT WAS A CUSTOM HOME OR NOT, YOU BUY A HOUSE WITH THIS KIND OF BACKYARD, YOU VERY WELL KNOW YOU'RE GOING TO HAVE TO BUILD SOMETHING ON TOP OF THAT GRASS.
THAT IS LEVEL, IF YOU NOT WANT TO, IF YOU DON'T WANT TO BUILD IT ALONG THE SLOPE OF THE BACKYARD.
SO I THINK THAT THAT IS JUST SOMETHING THAT WAS ALREADY THERE.
AND THEN IF YOU LOOK AT PAGE 12 OF THE, OF THE DOCUMENTATION, IT LOOKS LIKE THEY'RE PROPOSING TO BUILD THIS, UH, JACK AND PLANTER AND SPA AND POOL BEHIND THE REAR BUILDING LINE, WHICH, UH, THEY HAVEN'T ASKED FOR A VARIANCE FOR THAT.
SO I DON'T KNOW WHATEVER WE DO WOULD ALLOW THEM TO DO WHAT THEY WANT TO DO AT THIS POINT.
UM, I MEAN, I'M, I'M CERTAINLY NOT OPPOSED TO A CONTINUANCE UNTIL NEXT MONTH, BUT I JUST
[00:50:01]
DON'T SEE ANYTHING IN HERE THAT WOULD CONVINCE ME THAT IT NEEDS TO BE A VARIANCE NEEDS TO BE GRANTED BOARD MEMBER REGAS.DID YOU HAVE YOUR HAND UP? SORRY ABOUT THAT.
I WAS WONDERING, UM, WITH THE TERRACING THAT YOU'RE SHOWING ON, ON SLIDE 15, UM, BENEATH THE DECK, UM, WHAT IS STOPPING YOU FROM SORT OF USING THAT AS THE KIND OF GOING BACK TO WHAT BROOKE WAS SAYING, WHAT IS PREVENTING YOU FROM KIND OF USING THE TERRACING AS YOUR FINISHED FLOOR, YOUR GROUND COVER? BECAUSE I FEEL LIKE 5%.
HOW DO YOU KNOW HOW MANY SQUARE FEET THAT IS OF YOUR TOTAL LOT SIZE? SORRY, WHAT I'M GETTING AT IS IF WHAT I'M GETTING AT IS IF YOU DO SOME NUMBER CRUNCHING, I WONDER IF YOU PEEL BACK SOME OF THE DECK, IF YOU CAN KIND OF REDUCE THE AMOUNT OF IMPERVIOUS COVER JUST BY LIKE A SIMPLE TWEAKING OF THE DESIGN.
AND SO I FEEL LIKE IT'S ACHIEVABLE WITHOUT KNOWING THE EXACT NUMBERS.
AND I FEEL LIKE THERE'S STUFF YOU CAN DO TO THE DESIGN TO KIND OF, UM, GET CLOSER TO THAT NUMBER.
AND SO I'M WITH A BOARD MEMBER HEARTBURN, AND I THINK YOU SHOULD KIND OF TAKE GUN TYPE, TAKE ANOTHER PASS AT IT.
SO THERE'S ONLY THREE FEET OF IMPERVIOUS COVER.
SORRY, THERE WAS A LIVING OF QUESTIONS.
I TRIED TO ANSWER, I GOT INTERRUPTED.
UM, THE FIRST QUESTION IS JUST NOT ACCUSTOMED WITH THE SPEC THAT WE BOUGHT IT.
SO WE DO CATCH THE SCHOOL DISTRICT, UM, THAT HAD ALREADY BEEN BUILT AND SPECKED OUT OF THE BUILDER.
ACCORDING TO THE, WHAT I UNDERSTAND IS THE, THE LAWS THAT GOVERN THIS, UM, THAT, THAT WOULDN'T BE A HARDSHIP OF THE PROPERTY.
THE HEART'S WAS PUT THE PROPERTIES OF THE 18% IF I WAS ON AN EQUIVALENT PROPERTY, THE EXACT SAME, UH, WITHOUT THE 18%.
SO IT WOULD BE A NON-ISSUE CAUSE WE'D JUST BUILD A POOL AND HAVE LOW ACCESS TO IT.
IN TERMS OF SLIPPING DOWN, ALBUMS, SLIPPING DOWN, WE STILL HAVE TO DESCEND 12 FEET SOMEHOW.
SO FOR OUR KIDS TO PLAY OUT THERE, I MEAN, WE'D HAVE TO HAVE STEPS DOWN 12 FEET, YOU HAVE TO GET DOWN 12 FEET.
AND THEN THE OTHER QUESTION ABOUT THE SIDE YARD IS WE'RE ON A SOUTH SLOPE AND THE WEST SLOPE.
SO WE'RE ACTUALLY SLIPPING DOWN PLACE.
UM, AND THE SIDE YARD IS, IS JUSTICE.
PRONOUNCED IS A DIAGRAM THAT SHOWS THE SIDE YARD SLOPE ALSO.
ARE THERE ANY OTHER QUESTIONS BECAUSE WE DO HAVE A MOTION TO POSTPONE.
THIS IS THE MOTION TO POSTPONE UNTIL JULY, UH, 12TH.
DON'T FORGET ABOUT I MISS ROM, ROM, SORRY, DON.
AND THE SUPERMAJORITY ONE TO TWO FOLKS DOES THAT LEAN? THAT'S NOT RIGHT.
IT'S LISA SIMMONS WITH THE LAW DEPARTMENT ONLY SIX.
[D-4 C15-2021-0032 Jessica Braun for Mark Hutchinson 1601 Brackenridge Street]
ITEM D FOR C 15 20 21 0 0 3, 2 16 0 1 BRACKENRIDGE STREET.UH, JUST CABRON FOR MARK HUTCHINSON.
I'LL ACTUALLY BE PRESENTING FOR 1601.
CAN YOU HEAR ME ALL RIGHT, LIKE 10, YOU HAVE FIVE MINUTES, CORRECT.
UM, WE'RE REQUESTING A VARIANCE FROM SECTION 25 DASH TWO DASH 5 1 5, UM, WHICH PERTAINS TO THE REAR YARD SETBACK OF A THROUGH LOT.
UM, WE'RE REQUESTING TO DECREASE THIS REAR YARD SETBACK REQUIREMENT FROM 25 FEET TO FIVE FEET IN ORDER TO BUILD A SECONDARY DWELLING UNIT.
[00:55:01]
ON MY PRESENTATION, UM, SLIDE ONE, UM, IS A, A NEIGHBORHOOD MAP, UH, SHOWING A TWO-BLOCK AREA IN TRAVIS HEIGHTS, UM, WHERE ALL THE PROPERTIES ARE THROUGH LOTS BETWEEN BRECKEN.I, I THOUGHT, UH, I THOUGHT IT WASN'T COMING UP.
OH, THERE'S GOING TO BE A SLIGHT, LIKE WHEN YOU TELL US TO CHANGE IT AND WHEN YOU'LL ACTUALLY SEE IT ON YOUR TV SCREEN, BUT TO SEE IT RIGHT AWAY.
UH, YEAH, SO BACK TO SLIDE ONE, IT'S, UM, TWO BLOCKS IN TRAVIS HEIGHTS WHERE THE LOTS ARE, ARE THROUGH LOTS BETWEEN BRECKENRIDGE AND DRAKE AVENUE.
UM, SLIDE TWO SHOWS THE SURROUNDING STRUCTURES.
UM, 1601 BRECKENRIDGE IS ON THE CORNER WHERE MONROE, UH, INTERSECTS BOTH BRACKENRIDGE AND DRAKE STREET.
UM, THE SURROUNDING STRUCTURES ON THIS BLOCK ARE ALL HIGHLIGHTED, UM, AND THAT SHOWS THE EXISTING USE OF DRAKE AVENUE FOR, UM, UH, GARAGES AND EDU'S, UH, WHERE THE, UM, SETBACK IS TYPICALLY FIVE FEET AND SOMETIMES EVEN LESS.
UM, AND I'D ALSO NOTE THAT THERE IS A, ACTUALLY A 15 FOOT, UH, SIDEWALK RIGHT OF WAY BETWEEN THE CURB AND THE PROPERTY LINE ALONG DRAKE AVENUE, UM, SLIDES THREE AND FOUR ARE, UM, PHOTOS TAKEN FROM DRAKE, UH, OF THOSE STRUCTURES, UM, HIGHLIGHTED IN THE PREVIOUS SLIDE.
UM, AND, AND AS WE GET ON TO SLIDE FIVE, UM, THE SITE PLAN, I THINK ILLUSTRATES THE HARDSHIP OF THE SITE AS IS, UM, IT IS A 46 FOOT BY 137 FOOT SITE, UM, MAKING IT JUST OVER 6,300 SQUARE FEET.
IT'S NOT REALLY SIDED LARGE ENOUGH TO ACCOMMODATE BOTH THE TWENTY-FIVE FOOT SETBACK AT THE FRONT AND THE BACK AS WELL AS A 15 FOOT SIDE YARD SETBACK.
UM, ADDITIONALLY THERE'S A PROTECTED TREE ON THE SITE AND, AND HISTORIC HOUSE, UM, AND ALL OF THESE FACTORS FOR THE REDUCED, THE REMAINING DEVELOPABLE AREA TO APPROXIMATELY A 15 FOOT BY 15 FOOT SQUARE, UM, WHICH IS ABOUT 20 OR SORRY, UH, 243 SQUARE FEET.
UM, FLIGHT SIX IS OUR PROPOSED SITE PLAN.
UM, AND THIS WOULD INCLUDE A PARTIAL DEMO OF A NON HISTORIC ADDITION ON THAT EXISTING FRONT HOUSE.
UM, THAT PARTIAL DEMO HAS ALREADY BEEN APPROVED BY THE HISTORIC COMMISSION, UM, UH, AND THE, UM, AND THEN ALSO REDUCING THAT REAR YARD SET BACK TO FIVE FEET.
UM, THIS WOULD, THIS WOULD BE IN KEEPING WITH THE DEVELOPMENT, UM, ON NEARBY PROPERTIES.
AND, UM, I'D ALSO LIKE TO NOTE THAT THE OWNER HAS WORKED VERY CLOSELY WITH HISTORIC REVIEW, UM, AND THE NEIGHBORHOOD TO COME UP WITH, UM, AN APPROVED PLAN FOR KEEPING AND RESTORING THAT EXISTING, UM, THAT EXISTING HOUSE, UH, SLIDE SEVEN IS A, UH, VIEW FROM MONROE AVENUE.
UM, AND THAT'S JUST TO SHOW THE RELATIONSHIP BETWEEN THE EXISTING HISTORIC HOUSE AND THE PROPOSED ADU.
THEY ARE SIMILAR IN HEIGHT, UH, WITH, AND TRYING TO, UH, MAINTAIN A 17 FOOT SEPARATION.
UM, AND THEY'RE ALSO, UH, DIFFERENTIATED IN STYLE, WHICH WAS A RECOMMENDATION, UM, BY THE HISTORIC COMMISSION SLIDE EIGHT, UH, WOULD BE, UH, FOR PLANTED THAT PROPOSED ADU, UM, 600 FEET ON THE FIRST FLOOR WITH A GARAGE, UM, FACING DRAKE.
AND THE PLAN WOULD BE, UH, NOTCHED AROUND THE CRITICAL ROOT ZONE OF THAT PROTECTED TREE.
AND THERE WOULD BE A 350 SQUARE FOOT, SECOND FLOOR, UM, AS WELL, WHICH WOULD BE STEPPED BACK FROM, UH, DRAKE AVENUE, UM, SLIDES NINE AND 10 ARE ELEVATIONS OF THE PROPOSED ADU.
UM, JUST SHOWING THAT IT WOULD CONFORM WITH ALL OTHER, UH, SETBACKS AND ZONING TENTS ON THAT SITE.
UM, THIS PROPOSAL HAS THE APPROVAL OF THE NEIGHBORHOOD ASSOCIATION AND THE OWNERS ALSO GATHERED
[01:00:01]
14 SIGNATURES OF SUPPORT, UM, THAT THE OWNERS IS ALSO ON THE LINE AND HE WOULD LIKE TO SPEAK IN SUPPORT IF TIME PERMITS, UM, FOR ACTUALLY JUST THE FIVE MINUTE MARK.YEAH, SHE LET'S GO AHEAD AND CLOSE THE PUBLIC SHARING AND QUESTIONS, COMMENTS.
WERE YOU ABLE TO DO ANY SETBACK AVERAGING OFF OF GREG TO SEE, YOU KNOW, EXACTLY KIND OF SIMILAR AVERAGE OF ALL THOSE GARAGES? I UNDERSTAND WHAT YOU'RE DOING AND IT IS VERY MUCH SIMILAR TO WHAT'S BACK THERE.
I WAS JUST TRYING TO SEE WHAT THE AVERAGE SET BACK OF THOSE GARAGES PLUS ALONG DRAKE, I WOULD SAY IT'S ROUGHLY WE DID NOT DO, UM, WE DID NOT HAVE IT SURVEYED.
I, I DON'T BELIEVE THAT, UM, SETBACK AVERAGING CAN BE UTILIZED FOR YOUR SETBACK.
UM, I WOULD, I WOULD IT'S, I WOULD SAY SLIGHTLY UNDER FIVE FEET.
THERE'S SEVERAL STRUCTURES THAT ARE, YOU KNOW, THEY'RE OLD AND THEY'RE, THEY'VE BEEN THERE A LONG TIME, BUT THEY'RE EITHER, YOU KNOW, RIGHT AT THE PROPERTY LINE OR SOME EVEN BEYOND THE PROPERTY LINE.
UM, AND THEN SOME OF THE NEWER STRUCTURES ARE, UM, USING THAT, UH, MORE TYPICAL FIVE FOOT REAR SETBACK ON DRAKE SIDE.
ANYONE ELSE? DEFINE BOARD MEMBER PRUITT? UM, YEAH, ALL HE WAS INTERESTED IN THE, UM, UH, CARING FROM, UH, WELL, THE OWNER I GUESS, IS, IS HAPPY EAST HOLLAND.
IS THAT A CONSTRUCTION COMPANY? I'M JUST, I'M JUST NOT SURE WHAT THE OWNER IS HERE.
HI, CAN I SPEAK I'M THE OWNER? UM, YES.
UM, I'D RENT IN THE NEIGHBORHOOD THREE BLOCKS AWAY.
BASICALLY THE WAY I WAS ABLE TO AFFORD TO LIVE HERE WAS HALL REHAB, THIS FRONT OLD HOUSE.
I'VE JUST BEEN ADVISED THAT THE WAY PEOPLE RECOMMENDED WHEN IT'S MY ABILITY, IF SOMETHING CRAZY HAPPENED.
UM, BUT YEAH, I AM LOOKING TO LIVE THERE MYSELF AND THAT IS MY BUSINESS WORTH HAVING, I DID I'M FRIENDS WITH THE IMMEDIATE NEIGHBORS.
THERE'S REALLY ONLY ONE IMMEDIATE NEIGHBOR.
THEY'RE PLANNING TO ACTUALLY SEEK THE SAME VARIANT AND THEN THE HOUSE NEXT TO THEM.
SO TWO HOUSES FROM MINE, UH, JUST GOT APPROVED THE SAME VARIANTS.
AND AGAIN, I KNOW EVERY CASE IS SPECIFIC, BUT, UM, I HAVE SPOKEN WITH, WITH THOSE TWO WHO ARE THOUGH MEANS IMMEDIATE NEIGHBORS.
THEY'RE VERY SUPPORTIVE AND THEIR SIGNATURES.
YEAH, I GUESS, UH, I GUESS QUESTION FOR THE APPLICANT.
SO, SO, UH, SINCE YOU'RE ASKING FOR A SETBACK VARIANCE ON THE REAR YARD, DID YOU NOT CONSIDER THE ONE ON THE SIDE YARD AS WELL? THAT WOULD MAYBE THEN PRECLUDE THE NEED FOR THE ONE ON THE BACKYARD, UH, OR ALSO PUSHING THE, UM, ADU CLOSER TO THE HOUSE BECAUSE YOU CAN BE UP TO 10, UH, EMPTY THE WAY I THINK THAT IT'S AN OPINION.
SO, UM, W WERE THERE, WERE THERE REASONS THAT YOU DID CONSIDER, UM, YEAH, I CAN SPEAK TO THAT.
I WOULD SAY THAT, UM, AS FAR AS MOVING THE ADU CLOSER TO THE HOUSE, IF YOU LOOK AT SLIDE FIVE, UM, IT IS A, UM, THE CRITICAL ROOT ZONE THAT REDUCES THE, THE WIDTH, UM, AS YOU GET CLOSER TO THE, TO THE EXISTING STRUCTURE, UM, THAT MAKES IT, UH, UM, MORE CHALLENGING.
SO FOR THE FLOORPLAN THERE, WE DID NOT REALLY CONSIDER THE VARIANCE ON THE 15 FOOT SIDE SETBACK, UM, PRIMARILY BECAUSE, UH, YOU KNOW, THE EXISTING USE ON, ON DRAKE, UM, SEEMED TO BE MORE CONSISTENT WITH THE NEIGHBORHOOD.
THERE'S ALSO QUITE A LARGE, UM, RIGHT OF WAY BETWEEN THE PROPERTY LINE.
AND THAT WOULD BE MONROE STREET, UM, ON THAT SIDE.
SO, UM, THERE AREN'T ANY OTHER DRIVEWAYS THERE THERE'S, UM, THERE IS ANOTHER PROTECTED TREE, UM, YOU'RE QUITE CLOSE TO THE, TO THE CURB OR SORRY TO THE, TO THE INTERSECTION, WHICH WOULD MAKE A DRIVEWAY IN THAT LOCATION, MORE CHALLENGING.
[01:05:02]
BUT DOES THAT, DOES THAT ANSWER YOUR QUESTION? I, I'M NOT SAYING TO, UH, YOU KNOW, MOVE THE DRIVEWAY OFF OF GRAY.I'M SAYING THAT I THINK THERE WAS ANOTHER SOLUTIONS IF YOU'RE ASKING FOR A SETBACK EARLY AND YEAH, I'M JUST SURPRISED GIVEN ALL OF THE LAND BETWEEN THE PROPERTY LINE AND EASTMAN ROSE STREET, THAT WE DIDN'T LOOK AT A SOLUTION THAT WOULD UTILIZE THAT I'M JUST NOT GOING TO USE IT.
WELL, IT IS WHAT IT IS, BUT NOT SURE THAT WE'VE EXHAUSTED ALL, ALL OF THE OPPOSITES.
DID YOU HAVE A QUESTION? NOPE.
BOARD MEMBER, POPCORN, UH, OR MEMBER PRUITT.
WHEN YOU'RE LOOKING, I'M LOOKING AT, UH, PAGE 15, UM, WHEN YOU SAY THAT THE CURRENT DEVELOPABLE AREAS 243 SQUARE FEET, IS THAT, AND CENTERING THE ADDITION OR IS THAT CONSIDERING THE ADDITION BEING DEMOED THAT'S CONSIDERING THE SITE SORT OF AS IS SO THAT PRE FREE DEMO OF THE ADDITION.
SO I'M SHOWING A 10 FOOT SEPARATION FROM THE EXISTING ADDITION.
SO WOULD THE D WAS WITH THE DEMO OF THE ADDITION THEN THERE, THERE WAS A LOT MORE DEVELOPABLE AREA AREA BETWEEN WHAT YOU'RE SHOWING THERE IN THAT, IN THE EXISTING PRIMARY DWELLING? UM, YES, THE, THE TWO STRUCTURES CAN BE 10 FEET APART.
UM, THE, WITH THE CRITICAL ROOT ZONE THERE, YOU WOULD HAVE A 15 FOOT WIDTH.
CAN I ADD ONE THING RELATED TO THAT? THE HISTORICAL REVIEW COMMISSION DID REVIEW THIS AS FAVORABLY THAT WE WERE GOING TO TRY TO HAVE INCREASED DISTANCE BETWEEN THE OLD STRUCTURE.
UM, THE NEIGHBORHOOD FELT VERY, VERY STRONGLY ABOUT KEEPING THAT OLD STRUCTURE AND I'D LOVE TO WORK WITH THEM.
AND THAT WAS KIND OF PART OF OUR AGREEMENT WAS WE WOULD TRY OUR BEST TO KIND OF KEEP THE NEW STRUCTURE FURTHER APART.
I REMEMBER HOTLINE, OH, AND I CAN MAKE A MOTION TO APPROVE.
I'LL SECOND THAT, SO I'M GONNA DO FINDINGS SENDING REGULATIONS APPLICABLE PROPERTY, DO NOT ALLOW FOR REASONABLE USE AS THE RESULTS OD THAT HAS A FRONT YARD SETBACK REQUIREMENT ON BOTH SIDES OF THE STREET ON A STREET THAT GENERALLY HAS NOT HAD A FRONT YARD SETBACK ON BOTH SIDES, UM, IN EVIDENCED BY PICTURES AND LOOKING AT, AT A MAP, THE HARDSHIP FOR WHICH THE VARIANCE IS UNIQUE TO THE PROPERTY IS THERE IS A HERITAGE TREE IN THE MIDDLE, A REHAB OF AN EXISTING STRUCTURE.
AND BY, UH, PLACING THE STRUCTURE IN ITS SINGLE STORY ADJACENT TO THE, UH, OTHER STRUCTURES ALONG THAT STREET, IT WILL READ AS, AS IS AS NORMAL IN THE NEIGHBORHOOD ON THIS PARTICULAR BLOCK, THE HAZARD, THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED.
AS OTHER STRUCTURES, DON'T HAVE THE HISTORIC HOUSE, THE TREE, AND, UH, TRYING TO GET A SYMPATHETIC RELATIONSHIP BETWEEN THE TWO AND HAVE THE HISTORIC STRUCTURE BE OUTSTANDING.
UM, I'M NOT QUITE, I KIND OF LOST MY SPOT THERE.
UH, THE VARIANCE WILL NOT ALTER THE CHARACTER, THE AREA JASON, THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFIRMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF ZONING REGULATIONS.
THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED, AS IT HAS GONE THROUGH A STAKEHOLDER PROCESS, A HISTORIC LANDMARK COMMISSION HAS APPROVED IT.
AND THERE IS, UM, AGAIN, THERE ARE OTHER STRUCTURES ALONG DRAKE THAT, THAT ECHO THE SAME SETBACK.
UH, SO THIS WOULD SEEM TO BE COMPLETELY IN CHARACTER WITH THE NEIGHBORHOOD.
SO MOTION TO APPROVE BY CHAIR.
YEAH, IT LOOKED RIGHT TO ME TOO SECOND BY BOARD MEMBER BAILEY ON THE CALL, THE ROLE I HAVE, I HAVE A FRIENDLY AMENDMENT THAT IT WOULD BE CONDITIONED UPON.
[01:10:01]
THE ADU NOT BEING USED FOR SHORT-TERM RENTALS.IT'S APPROVED WITH AN AMENDMENT.
IT IS, I DON'T KNOW IF YOU'RE A BRADY BUNCH STYLE HASN'T BUT SHE'S ALL THE WAY AT THE BOTTOM ON MINE.
I'M REALLY SORRY IF YOU'RE RAISING YOUR HAND AND I'M NOT ANSWERING NOW, YOU'RE FINE NOW.
AND I'LL I'LL, I'LL DEFINITELY, I DON'T WANT TO IGNORE YOU FOR SURE.
YOU'RE NOT, I DON'T HAVE AN OBJECTION.
I JUST WONDER IF THE RESTRICTION ON SHORT-TERM RENTALS ON THE ADU, UM, ALTERS ANY PLANS FOR THE APPLICANT? WELL, I WOULD DEFER TO MARK A. LITTLE BIT.
YEAH, WE'RE FINE WITH THAT AMENDMENT.
AND I'M GOING TO GO HERE THEN CALL THE ROLL.
MY ONLY CONCERN IS IT'S ONE OF THE FEW TWO-STORY STRUCTURES PROPERTY LINE, BUT I DON'T HAVE ANY OBJECTIONS TO IT.
I THINK YOU HAVE A LOT OF SUPPORT, JESSICA COHEN.
I'LL PUT, SEE A LOT OF OBJECTION IN THE BACKUP MATERIAL.
AND I, I, I DON'T SEE THAT THEY'VE MET THEIR BURDEN TO SHOW THIS.
DON'T WANT TO GET DON LABOR EVERY TIME WITH DON DON.
I'M GOING TO SAY YES TO, ALTHOUGH I DON'T BELIEVE THAT THEY ARE.
UM, AND AGAIN, I THINK THAT THERE WERE OTHER SOLUTIONS HERE THAT COULD HAVE ALLOWED A 10 FOOT SET.
I MEAN, OTHER THINGS I'M STILL NOT EXACTLY WHAT THEY WANTED, BUT AN AUDIBLE GOLDMAN'S SUPPORT.
I REALLY COULD NOT BE DOING THIS WITHOUT YOU.
UH, SO I MISSED LETTING THE OPPOSITION SPEAK AT THE BEGINNING OF THE MEETING FOR THE TEMPORARY, UH, RULES UNDER THE EMERGENCY ORDER FOR COVID.
SO WE DO HAVE SOME OPPOSITION FOR THIS PIECE THAT I'M GOING TO LET SPEAK NOW AS THE JULIA BROOKINGS, ARE YOU ONLINE? YES, I AM.
AND OSCAR BROOKENS, I DON'T KNOW.
DID HE SIGN UP AND UNFORTUNATE? THERE'S NO WAY FOR ME TO TELL WHAT ABOUT PAUL FOSTER? NO, THAT'S MY HUSBAND AND, UH, MY FATHER AND MY HUSBAND IN SEQUENCE.
AND, UH, ELAINE DID COMMUNICATE THAT ONE OF THE OTHER ONES COULD SPEAK, BUT THAT IT WOULD, UH, IT WOULD BE LIKE THREE MINUTES FOR ALL OF US.
I'M JUST GOING TO SPEAK FOR THE OTHER TWO.
WELL FIRST I JUST WANT TO SAY, UM, I DID EVENTUALLY FIND SOME MORE INFORMATION ABOUT THIS, BUT I GUESS I OBJECT A LITTLE BIT TO HAVING TO SAY WHETHER OR NOT I OPPOSE IT BEFORE I HEAR THE CASE.
SO LIKE YOU, I LIKE TO HEAR FROM THE PERSON BEFORE I MAKE UP MY MIND.
BUT, UM, WITH THAT IN MIND, I FIGURED I'M LEANING OPPOSITION AND, UH, IT'S A NUMBER OF REASONS OF THAT.
I DON'T KNOW THE TECHNICAL CRITERIA YOU GUYS USE.
I'M GETTING A SENSE FROM WHAT YOU'VE DONE WITH THE OTHER CASES TONIGHT, BUT, UM, THIS IS NOT BUYING WITH THE TECHNICAL OPPOSITION.
UM, MY SENSE IS THAT CHRIS AND HIS TEAM AT URBAN HEX WANT TO BE GOOD NEIGHBORS.
AND, UM, CERTAINLY THEY STARTED OUT WITH THE NEIGHBORHOOD ASSOCIATION AND TRYING TO WORK WITH THEM.
AND I ATTEND THOSE MEETINGS SOMETIMES, BUT I'M NOT AN OFFICER OR ANYTHING, UH, IN GOOD FAITH.
AND AS TIME HAS GONE ON, I'M STARTING TO QUESTION THAT, UM, WHAT THE ADJACENT NEIGHBOR TO THIS PROPERTY HAS ALREADY MOVED BECAUSE OF THE NOISE.
UM, THEY'VE BEEN USING IT AS A LAY DOWN LOT FOR GRAVEL AND THEIR OTHER CONSTRUCTION PROJECTS AROUND TOWN.
UM, TECHNICALLY WITHIN THE NOISE ORDINANCE IN TERMS OF THE HOURS, BUT WITH A FREQUENCY THAT HAS, AS I SAID, DRIVEN, DRIVEN OUR NEIGHBORS AWAY.
UM, THEY DON'T MAINTAIN THE FRONTAGE ON FORT MAGRUDER.
I'VE HAD TO CALL A CODE SEVERAL TIMES.
[01:15:01]
UH, CURRENTLY THERE'S SOMEBODY CAMPING ON THE PROPERTY AND I'VE CALLED THEIR OFFICES AND LEFT A NUMBER OF MESSAGES BEFORE I INVOLVE THE CITY.CAUSE I DON'T, I DON'T NEED TO INVOLVE CODE.
I JUST WANT TO MAKE SURE THAT IT'S A SAFE ENVIRONMENT FOR ME AND MY NEIGHBORS TO WALK ALONG ON AND THAT SOMEBODY ISN'T LIVING THERE ON SAFELY FOR THEM AS WELL.
SO, UM, THAT'S SOME CONTEXT I DON'T WANT TO TAKE UP TOO MUCH TIME ON THAT.
I WILL SAY THAT THIS IS THE SEVENTH MEETING, UH, RELATED TO THIS PROJECT.
I HAVEN'T BEEN ABLE TO ATTEND ALL OF THEM.
I HAVE YOUNG KIDS, BUT I'M GETTING TO THE POINT WHERE I FEEL LIKE THEY SHOULD JUST GO AHEAD AND BUILD WHAT THEY WANT TO BUILD WITHIN THE EXISTING RULES AND STOP USING UP EVERYBODY ELSE'S TIME TO CUSTOMIZE THEIR LANDS YOUTH.
UM, THIS IS NOT A SMALL PROJECT.
IT'S NOT SOMEBODY WHO'S PLANNING TO LIVE THERE.
IT'S NOT SORT OF TWEAKING SOMETHING.
IT'S 17 TOWNHOMES ON A ONE AND A HALF ACRE PLOT.
SO THERE'S PLENTY OF SCOPE, I THINK, TO WORK WITHIN THE EXISTING RULES.
AND IT'S NOT CLEAR TO ME THAT THEY'VE EXHAUSTED ALL OF THOSE OPTIONS.
UM, WHEN THEY PRESENTED WITH THE NEIGHBORHOOD, UM, AFTER THEY TALKED TO THE NEIGHBORHOOD ASSOCIATION OFFICERS, THEY HAD A MORE GENERAL MEETING, WHICH I, AND A NUMBER OF OTHER PEOPLE PARTICIPATED IN, IN SEPTEMBER.
UM, AND THEY REQUESTED THEY WERE REQUESTING NEW ZONING AND TWO OF THE THREE SELLING POINTS.
UM, THE MAIN SELLING POINTS THAT THEY WANTED, THIS NEW ZONING FOR, IT SAID, HEY, DON'T WORRY.
IT HAS EVEN MORE SETBACK AND ARE TERMS OF THE IMPERVIOUS COVER AND THE DRAINAGE IT'S GOING TO BE EVEN BETTER THAN IT WOULD BE UNDER THE OLD ZONING.
SO SINCE THAT TIME, THE TWO THINGS THAT THEY HAVE APPEALED AND REQUESTED ADJUSTMENTS FOR ARE THE IMPERVIOUS, THE IMPERVIOUS COVER AND A POTENTIAL CON PLACING THEM POSTED FOR NEIGHBORS.
AND NOW, SO IF YOU COULD JUST GRAB IT WHERE IT THREE MINUTES.
AND, AND NOW THEY'RE ALSO REQUESTING THAT THEY NOT USE THE SETBACK THAT THEY SPECIFICALLY SOUGHT OUT IN THE REZONING.
I REALLY APPRECIATE YOUR PATIENCE ON THIS.
I KNOW IT'S A LITTLE HARD, YOU KNOW, OPPOSING AT THE BEGINNING.
UM, BUT IF YOU'D LIKE TO WITHDRAW YOUR OPPOSITION AFTERWARDS, YOU CAN ALWAYS DO SO.
THANK YOU FOR LETTING ME KNOW.
IN-PERSON, I'M SURE IT'D BE DIFFERENT.
AND THEN WE ALSO HAVE, UH, NOT ART.
MATT, ARE YOU ON THE LINE? AND JUST FOR THE RECORD, THIS IS FOR OUR SEE 15 20 21 0 0 3 30 ITEM D 15.
UH, DANIEL IS, DO WE HAVE MR. ARTHUR? IT DOES NOT APPEAR.
[D-5 C15-2021-0033 Mark Zupan for Christopher Affinito 221 Lessin Lane]
THAT'S GOING TO MOVE INTO THE APPLICANT'S PRESENTATION.UH, AGAIN, SEE 15 20 21 0 0 3 3 TEACHING ONE LESSON, A LADY AND MARK ZIPLINE FOR CHRISTOPHER F ANNETTO.
MY NAME IS
UM, I'M NOT SURE I CAN'T SEE THE PRESENTATION THAT WE'RE SEEING OR THAT WHAT YOU GUYS ARE SEEING, BUT, UM, I'M HOPING THAT YOU GUYS HAVE THE COLORED RENDERING PROVIDED.
I APPRECIATE YOUR TIME THIS EVENING.
UM, OUR PROJECT HERE ON LAWSON LANE, UM, IS UNIQUE AS A HARDSHIPS ARE UNIQUE IN THAT WE'VE GOT TWO FRONT YARD SETBACKS, AND WE'VE GOT A CORNER SIDE YARD SETBACK AS WELL.
WE'VE GOT THE FLOOD THAT CREEPS INTO OUR LOT, UH, ALONG THE SOUTH END.
AND WE'VE GOT SEVERAL HERITAGE TREES, UH, AND PROTECTED SIZE TREES AND OTHER TREES THAT WE WANT TO MAINTAIN FOR THE YARD AS WELL.
UH, SO THAT'S, WHAT'S ENTERTAINING, UH, OUR HARDSHIPS HERE IN WHAT WE'RE ASKING FOR A VARIANCE FROM THEM.
THE, THE SETBACK WE'RE ASKING FOR A VARIANCE FROM IS ON LEFT-TURN LANE ON THE WEST SIDE.
AND WE'RE ASKING FOR IT'S ABOUT VARIANCE TO 12 FEET FROM THE 25 FEET.
UH, AND WE'VE SPOKEN WITH AUSTIN ENERGY AND SOUGHT APPROVAL FROM THEM AND GOT IT FROM THEM.
AND, UH, THAT WOULD ALLOW US TO BUILD THREE UNITS, UH, ON THAT SIDE THAT WOULD OTHERWISE NOT BE ABLE TO DO, UM, THE WAY THAT THE LOT IS ZONED SHOULD ALLOW US TO BUILD 18 UNITS.
AND WHAT WE'RE ASKING FOR HERE IS 17 UNITS ON THE
[01:20:01]
LOT.UM, AND, UH, IF WE DON'T GET THE SETBACK, WE'RE REDUCED TO 14 UNITS AND, UM, THEY'RE, THESE UNITS ARE MUCH SMALLER THAN WHAT WE COULD HAVE DONE UNDER THE SF THREE ZONING.
A LOT OF THESE ARE BETWEEN 11 AND 1200 SQUARE FEET AS SMALL AS 900 SQUARE FEET AND AS LARGE AS 2100 SQUARE FEET.
UM, AND THERE'S ONE THAT, THAT THAT'S 2100 SQUARE FOOT SIZE AND THE MAJORITY OF THEM ARE IN THE TEAM.
SO WE'RE BUILDING A MUCH SMALLER DEVELOPMENT THAN WE COULD HAVE UNDER SF THREE, WHICH WOULD HAVE ALLOWED US TO HAVE NINE LOT.
UM, AND WE COULD HAVE, UH, GOTTEN ABOUT 18 UNITS ON THERE, 17 AT THE, AT, UM, AT THE WORST.
SO WE'VE, WE'VE WORKED TO REDUCE THE SIZE OF THIS, UH, DEVELOPMENT TO BE A LITTLE MORE MANAGEABLE, UH, A LITTLE BIT SMALLER HOMES THAT WILL HELP THE AFFORDABILITY OVER HERE.
AND, UH, THE ONLY THING THAT'S PREVENTING US RIGHT NOW IS WE STEP BACK.
WE'VE GOT THEM ON ALL SIDES, PUSHING AND ABOUT TO HAVE A DRAINAGE.
ALSO, UH, THAT'S OVER THERE ON THE, TOWARDS THE EAST SIDE WHERE THE FLOODPLAINS REALLY COMING INTO THE LOT.
I THINK THAT SUMS IT UP FOR IT.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
REMEMBER QUESTION FOR THE, FOR THE APPLICANT.
UM, ONE OF THE THINGS THAT WE HAVE TO FIND AS A BOARD IS THAT THE PROPERTY DOES NOT ALLOW FOR A REASONABLE USE.
ARE YOU SAYING THAT BUILDING FEWER UNITS THAN YOU'RE PROPOSING WOULD BE UNREASONABLE? UM, WHAT I'M SAYING IS THAT WHAT WE'RE ALLOWED BY THE ZONING CODE ARE, WOULD ALLOW US TO BUILD, UH, 18 UNITS, UH, AND THE, WE HAVE, UH, WE'RE RESTRICTED BY MORE, UH, AND COMING TO THEN THAN MOST LOTS OF
UM, AND THAT'S WHAT WE'RE, THAT'S HOW WE'RE APPROACHING THIS.
MY QUESTION WAS BUILDING, UH, A COUPLE FEWER UNITS THAN YOU WOULD LIKE TO BUILD IS NOT AN UNREASONABLE USE OF THIS PROPERTY.
UH, IT IS NOT AN UNREASONABLE YOUTH BOARD MEMBER BAILEY.
SO YOU WERE SAYING SOMETHING ABOUT THAT.
THIS HELPS THE AFFORDABILITY BECAUSE THEY'RE SMALLER.
ARE YOU SAYING THAT THE PRICE PER SQUARE FOOT IS GOING TO BE LESS AND YOU'RE GOING TO BE TARGETING AND AFFORDABLE CROWD, YOU KNOW, A BUYER FOR THESE, OR ARE YOU SAYING IT'S JUST A SMALLER UNIT, SO IT'S GOING TO COST LESS, OR ARE YOU GOING TO ADD TO THESE IT'S A, IT'S A THEY'RE SMALLER UNITS, SO THEY WILL HOP THE PRICE PER SQUARE FOOT WILL BE THE SAME.
IT WON'T, YOU, YOU'RE NOT GOING TO DO ANY UNITS THAT ARE CONSIDERED AFFORDABLE.
UM, BUT THE STANDARDS ARE FINE.
THERE'S NOT, THERE'S NOT AN AFFORDABILITY, UM, FROM THE CITY STANDPOINT, UH, COMPONENT.
IT'S JUST THAT THEY'RE SMALLER, WHICH IS MORE AFFORDABLE.
DIDN'T YOU, UH, RECENTLY ALSO GET A VERY INCH FROM THE PLANNING COMMISSION FOR THE DETENTION PONDS? UM, THAT IS, THAT IS CORRECT.
AND SO I'M JUST LOOKING AT THIS, UM, YOU KNOW, THINGS LIKE PINCHING ON SETBACKS AND OTHER THINGS LIKE THAT ARE JUST PART OF A SITE.
AND I, I'M A REALLY GOOD IN, UM, UH, BOARD MEMBER PRUITT THAT, UM, YOU KNOW, THERE IS A REASONABLE USE HERE YET, UH, AND THAT THEY'VE ALREADY SOUGHT SET BACK FOR THINGS LIKE DETENTION PONDS AS IF THEY WERE IN A JUDGMENT, A CASPER THOUGHT AS OPPOSED TO PART OF THE DEVELOPMENT OF THEIR SITE.
SO, UM, IT'S DIFFICULT FOR ME TO SEE WHY BY IT IS REQUIRED.
SO DETENTION PONDS WERE, UM, WERE PLACED ON THE SOUTH SIDE OF THE LOT DUE TO THE, UH, THE SLOPE OF THE LOT.
AND, UM, WHEN WE WORKED WITH THE NEIGHBORHOOD, UM, INSTEAD OF DOING AN SF THREE DEVELOPMENT WHERE WE WOULD HAVE HAD NINE OR 10 DRIVEWAYS COMING ON TO ALL THE LOTS THAT WOULD PUT A DRIVEWAY THROUGH THE MIDDLE OF THE LOT.
SO THE DRIVEWAY ITSELF IS EATING UP A LOT OF OUR IMPERVIOUS COVER AND SQUARE FOOTAGE ON THE LOT.
UH, AND THEN AGAIN, NATURAL DRAINAGE.
AND ONCE THOSE TENSION PONDS TO BE TOWARDS THE LOWER END, OTHER QUESTIONS, COMMENTS,
[01:25:01]
ANYONE HAVE EMOTION, HAVE A DOG.I MOVED TO DENY THE APPLICATION FOR VARIOUS.
AND I ALSO, I'M SORRY, WHO WAS THAT? JOHN? UH, WOULD THE, WOULD THE BOARD ENTERTAIN A SUBSTITUTE MOTION TO APPROVE? LET'S SEE IF WE GET IN, SEE IF THE VOTES EXIST PRIOR TO A DENIAL THAT SECOND.
ARE YOU OKAY WITH THE SUBSTITUTE? I THINK WE VOTE ON THAT ONE AND THEN GOES TO BAXTER.
I'M NOT, I'M NOT THE PARLIAMENTARIAN LEE.
CAN YOU VERIFY THAT FOR ME? YES, THAT'S CORRECT.
DO YOU NEED FINDINGS ON THEM? SUBSTITUTE MOTION AND ORDER TO PROCEED? UH, THAT WOULD BE A YES, BECAUSE IF IT GETS APPROVED, WE WOULD HAVE TO HAVE FINDINGS.
SO YES, MELISSA, ARE YOU SECONDING? UM, UM, THE SECOND I BELIEVE HERE.
I'M READY WITH THE FINDINGS, JESSICA, YOU READY FOR THE FINDINGS ON THE SUBSTITUTE CHAIRMEN? AND ONE QUESTION FOR THE MOTION MAKERS, UH, COMMISSIONER PRUITT.
YOU OKAY WITH THE SUBSTITUTE? I JUST WANT TO TEST THE APPROVAL VOTE TO SEE IF THE VOTES WERE THERE PRIOR TO THE DENIAL.
AND IT COULD BE A DENIAL AND YOUR MOTION COULD ALSO, INDEED IS GOOD.
IF, IF IT IS IN, IF, IF A SUBSTITUTE MOTION IS IN ORDER, ACCORDING TO THE RULES OF PARLIAMENTARY PROCEDURE THAT WE ARE WORKING UNDER, THEN I DON'T HAVE A PROBLEM WITH CONSIDERING IT RIGHT NOW.
UM, HERE'S THE FINDINGS REASONABLE USE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE OF THE CONFIGURATION A LOT ON THREE SET SIDE, UM, THREE SIDE STREETS, SETBACKS, LOCATION OF HERITAGE TREES, CA CONDOMINIUM RESIDENTIAL USE IN SF SIX ZONING DISTRICTS ALLOWS FOR ONE UNIT PER 3,500 SQUARE FEET ON THE SIDE AREA BASED ON THE SITE AREA OF APPROXIMATELY 63,597 SQUARE FEET PROPERTIES ENTITLED THE 18 CONDO YOUTH RESIDENTIAL UNITS, BUT DUE TO A HIGH CONCENTRATION HERITAGE TREES, BIBLE, LESS THAN HERITAGE TREES, NOT SURE I BUY THAT ONE FLOOD PLAIN.
AND THE FACT THE PROPERTY IS A THROUGH LOT AND MEANING BOTH FRONT AND REAR THE PROPERTY FACED THE STREET, CREATING ADDITIONAL BUILDING SETBACKS.
ONLY 14 CONDO UNITS WOULD BE PROBABLY IT WOULD BE POSSIBLE IN THE PROPERTY WITHOUT A LARGER ATTACHED BUILDING THAT WOULD BE INCONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD AND NOT FULLY TAKE ADVANTAGE OF A LOT, UM, HARDSHIP FOR WHICH THE VARIANCES REQUIRED AS UNIQUE TO THE PROPERTY.
AND THE MOST PROPERTIES HAVE SMALLER AND ARE ZONED SF THREE ARE NOT IN THE FLOODPLAIN AND, UH, HAVE A MUCH LOWER CONCENTRATION OF HERITAGE TREES.
IT IS ALSO UNIQUE IN THE FRONT AND REAR, BOTH FACES THE STREET, CREATING A DOUBLE FRONT SIDE SEC, UH, FRONT SETBACK THAT FURTHER RESTRICTS DEVELOPMENT COMPARED TO OTHER LOTS HARDSHIPS, NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE OTHERWISE DO NOT FACE A STREET ON THREE SIDES AND THEREFORE, SIMILAR TO SMALLER SETBACKS AND THE COMBINATION OF THOSE THREE, UM, SETBACKS PLUS THE FLOODPLAIN TITRATION OF HERITAGE TREES ARE UNIQUE TO THIS LOT.
FINALLY, UH, CONTRARY TO IN THE CHARACTER OF THE AREA, GRANTING THE VARIANCE WOULD ACTUALLY PRESERVE THE CHARACTER OF THE AREA BECAUSE IT'LL ALLOW THEM TO BUILD DETACHED HOUSES AND DUPLEXES AS OPPOSED TO TOWNHOME OR APARTMENT STYLE OR AN APARTMENT STYLE DEVELOPMENT IN ORDER TO ACHIEVE THE UNIT COUNT ALLOWED BY ZONING.
IF THIS PROPERTY WERE NOT A THROUGH LOT, THEY'D BE ABLE TO DESIGN A DEVELOPMENT THAT CONFORMS WITH CURRENT ZONING AND WITH THE CHARACTER OF THE NEIGHBORHOOD, BY THE WAY, THAT SPEAKS TO THE AREA CHARACTER REQUIREMENT THAT THE VARIANCE WOULD NOT ULTIMATELY CHARACTER THEN AREA ADJACENT TO THE PROPERTY, IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY.
IT WOULDN'T IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT.
LET'S TAKE A VOTE, THOMAS STATES.
YES, BUT BAILEY, BECAUSE THIS IS A BLANK SLATE.
AND FOR ME IT'S A DESIGN ISSUE.
I'M A NO, JUST TO CLAIM NO, MELISSA HEARTBURN.
[01:30:04]
JOE PUT NO AUGUSTINA RODRIGUEZ.SO IT'S BACK TO THE ORIGINAL MOTION, BUT THAT IS A DENIAL DENIAL.
SO HOW DOES THAT WORK, LEE? THAT IS THE DENIAL BECAUSE THE FOSHA AND BECAUSE THE MOTION FAILED TO PASS, IT OPERATES AS A DENIAL.
UH, BELIEVE THAT THE, IT WOULD BE REDUNDANT, FRIENDLY, THE BASE THING THAT HAPPENS BUFFERING.
AND THE EMOTION IS ON THE VARIANT TONIGHT AND NOW HE'S FROZEN.
HE WAS FROZEN WITH HIS MOUTH OPEN.
AND YOU, YOU CAN, UH, ASK FOR RECONSIDERATION.
UM, THE CODE IS VERY SPECIFIC ABOUT THAT, BUT IT'S WITHIN A CERTAIN PERIOD OF TIME.
I SUGGEST YOU CALL ELAINE TOMORROW AND GET MORE INFORMATION ON THAT BECAUSE THERE IS A CLOCK THAT IS INVOLVED WITH ASKING FOR RECONSIDERATION, BUT YOU GOT TO HEAR EVERYTHING THAT EVERYONE SAID.
SO YOU MIGHT, UM, BE ABLE TO PUT THAT TOGETHER INTO YOUR THOUGHTS.
[D-6 C15-2021-0034 Eric and Melissa Puga 5409 Avenue H]
THIS WILL BE C 15 20 21 0 0 3 4 5 4 0 9 AVENUE, EACH FOR ERIC AND MELISSA FUDA AND I HOPE I PRONOUNCED THAT RIGHT.ARE Y'ALL ON THE LINE? YES, I'M ON THE LINE.
UM, THANK YOU FOR THE BOARD FOR HEARING OUR CASE TODAY, WE ARE PART OF THE APRIL, APRIL APPLICANTS.
SO WE'RE VERY GRATEFUL TO BE HERE A COUPLE OF MONTHS LATER, PRESENTING OUR CASE FOR VARIANCE.
UM, THE BOARD HAS BEEN PROVIDED WITH A ONE-PAGE PDF AS OUR PRESENTATION.
THIS IS TO BE USED JUST AS KIND OF A REFERENCE, AND IT INCLUDES THE TIMELINE OF OUR PROPERTY AS WELL AS THE PROPOSAL FOR OUR VARIANCE.
UH, WE ARE PRESENTING TO REQUEST A VARIANCE THAT WILL INCREASE OUR FAR OR FLORIDA AREA RATIO FROM 40% TO 43.3, 1%.
UM, MY HUSBAND AND I BOUGHT OUR HOME, UM, SEVERAL YEARS AGO WITH LONG-TERM RESIDENTS OF THE NORTH LOOP NEIGHBORHOOD.
AND WHEN WE PURCHASED OUR HOME, WE DID NOT HAVE A FAMILY.
AND SINCE THAT TIME WE HAVE ADDED THREE CHILDREN, UH, TO OUR HOUSEHOLD.
SO, UM, OUR JUST OVER 1100 SQUARE FEET HAS BEEN FEELING VERY TIGHT LATELY.
UM, ERIC AND I, MY HUSBAND ARE BOTH PUBLIC SCHOOL EDUCATORS AND OUR STUDENTS ARE ENROLLED IN AISD AND WE LOVE OUR NEIGHBORHOOD AND WE ARE HOPING TO STAY HERE AND CONTINUE TO RAISE OUR FAMILY AND OUR HOME.
WE WOULD LIKE TO ADD A SMALL, MODEST ADDITION TO OUR HOME THAT WOULD ENABLE OUR CHILDREN TO ALL HAVE THEIR OWN BEDROOMS. AND, UM, THIS WOULD INCREASE OUR LIVING SPACE TO JUST OVER 1400 SQUARE FEET.
HOWEVER, IT ALSO WOULD REQUIRE US TO HAVE THAT VARIANCE.
UM, WE HAVE LOOKED AROUND, BUT WE ARE UNFORTUNATELY PRICED OUT OF OUR AREA.
SO, UH, LEAVING THE AREA TO RAISE OUR FAMILY SOMEWHERE ELSE WOULD BE A TOTAL LIFESTYLE CHANGE FOR US AND A CAREER CHANGE AS WELL.
SO SPECIFIC HARDSHIP, WHICH MAKES OUR PROPERTY UNIQUE IS THAT WHEN WE BOUGHT OUR PROPERTY, THERE IS A SEPARATE, UH, GARAGE APARTMENT THAT WAS BUILT PRIOR TO OUR PURCHASE.
AND, UM, THAT DOES PROVIDE US WITH SOME INCOME.
WE DO RENT IT OUT TO LONG-TERM RENTAL AND, UM, THIS HELPS TO KIND OF OFFSET SOME OF OUR PROPERTY TAXES.
SO WE WOULDN'T BE ABLE TO AFFORD TO STAY IN THE HOME IF WE REMOVED THIS GARAGE APARTMENT, THAT IS, UM, WE BUILT ON OUR PROPERTY, WHICH ALSO, UH, LEADS US TO WHERE WE ARE TODAY, WHICH IS APPROACHING THE MAXIMUM A FAR.
IF WE DO BUILD AN ADDITION, WE HAVE PRESENTED OUR CASE TO OUR NEIGHBORHOOD ASSOCIATION AND WE HAVE THEIR SUPPORT.
[01:35:01]
A LETTER OF SUPPORT ON OUR BEHALF.I HAVE ALSO COLLECTED SIGNATURES OF SUPPORT OF EVERYBODY ON BOTH SIDES OF OUR BLOCK.
UM, WE ARE FRIENDS WITH ALL OF OUR NEIGHBORS.
WE WENT DOOR TO DOOR AND EVERYBODY IS SUPPORTING US SUPPORTIVE OF OUR PROJECT.
OUR PROJECT WILL NOT IMPACT ANY NEIGHBORS.
UM, IF WE HAVE A SINGLE STORY HOUSEHOLDS.
SO, UH, THE ADDITION WILL NOT BE VISIBLE FROM THE STREETSCAPE.
WE DON'T HAVE ANY PROTECTED TREES, UM, OR, OR ANYTHING, UM, THAT WILL BE IMPACTED.
AND I DON'T BELIEVE OUR IMPERVIOUS COVER IS AN ISSUE, UM, EITHER.
AND SO I'M ASKING THE BOARD TO PLEASE CONSIDER, UM, ISSUING A VARIANCE, BUT WOULD ALLOW US TO ADD THAT ADDITION.
AND, UM, BY THE WAY, THE TOTAL ADDITION WOULD BE 290 SQUARE FEET, AND WE WOULD NEED THE VARIANCE WHERE 207 OF THOSE SQUARE FEET AND THE TOTAL SQUARE FOOTAGE AFTER THE ADDITION WOULD BE, UM, 1,437 SQUARE FEET, UH, FOR A PRIMARY RESIDENCE.
I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARINGS QUESTIONS.
I JUST HAVE A QUICK ONE, UM, ON YOUR PETITION WITH YOUR NEIGHBORS, UM, YOU SAID THE ADDITION WAS 271 SQUARE FEET, BUT YOU'RE ASKING FOR TWO 90.
WHAT IS THE DIFFERENCE? UM, YEAH, THE WE'RE ASKING FOR, OH, THE DIFFERENCE IS WE, WE DO HAVE ENOUGH ROOM TO ADD THE ADDITIONAL, UH, 84 SQUARE FEET.
SO RIGHT NOW TO GET UP TO THE 40%, WE DO HAVE ROOM FOR 84 SQUARE FEET, BUT THE TWO ADDITIONAL 207 SQUARE FEET IS WHAT WE WOULD NEED THE VARIANCE FOR.
BUT THE, OR THE 271 SQUARE FOOT ADDITION, AND THAT'S WHAT ALL YOUR NEIGHBORS SIGNED.
AND, BUT YET THE ASK IS FOR 290 SQUARE FEET.
SO I'M JUST WONDERING WHERE THE DISCONNECT BETWEEN WHAT YOU TOLD YOUR NEIGHBORHOOD, YOUR NEIGHBORS WHO WERE DOING, AND WHAT YOU'RE ASKING US FOR IS OKAY.
I DO SEE, I DO SEE THE FAKE THERE AND THAT MIGHT'VE BEEN BEFORE WE HAD THE FINAL RE UH, RENDITION OF OUR, OF OUR DESIGN PLANS, UM, DRUNK.
SO I, I DO SEE WHAT YOU'RE SPEAKING TO.
AND, UM, YES, I DO SEE THAT, THAT, I'M SORRY.
I DON'T THINK THEY WOULD FEEL ANY DIFFERENTLY.
AND WHEN WE, WE PRESENTED OUR DESIGN TO OUR NEIGHBORHOOD ASSOCIATION, WHICH IS A MUCH LARGER AUDIENCE AND WE DO HAVE THEIR SUPPORT AS WELL.
THEY SUBMITTED A LETTER OF SUPPORT ON OUR BEHALF AS WELL.
AND THAT WAS ALSO THE MOST RECENT LETTER THAT WAS ADMITTED.
DO WE HAVE THAT OUT? I DIDN'T SEE THE LETTER FROM THE NEIGHBORHOOD ASSOCIATES AND THEN THE FACT THAT, OKAY.
UM, I GUESS THE, UH, THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION SAID THAT THEY HAD EMAILED IT INTO ELAINE.
THEY SENT US A COPY OF IT AS WELL, BUT WE DIDN'T SUBMIT IT SEPARATELY SINCE THEY HAD, UH, SAID THEY WERE EMAILING IT DIRECTLY INTO A LANE.
SO ONLINE, CAN YOU VERIFY, SHOULD IT BE ON THE PACKET, BUT I'M LOOKING, UM, TO SEE IF THERE ARE ONE OF THE NEIGHBORHOODS THAT SUBMITTED IT AND IT PROBABLY WOULD HAVE BEEN FROM A LAST MONTH MEETING LAST PACKET.
I'D BE FINE KNOWING THAT IT WAS RECEIVED.
TAKE A SECOND FOR ME, IF YOU COULDN'T JUST LOOK FOR THAT.
ANY OTHER QUESTIONS? UH, I WAS WONDERING, IS ANYBODY ELSE HAVING A HARD TIME PULLING UP THEIR ELECTRONIC PACKET? YES.
I CAN'T, I CAN'T GET TO FINDING, SO, UM, I WILL BE SUPPORTIVE OF ANYONE WHO WANTS TO JUMP OUT THERE.
I, IT WON'T PULL UP THE FINDINGS FOR ME.
I UNDERSTAND WHAT YOU'RE PROPOSING TO DO IS WHAT IS ON PAGE 10 OF THIS PACKAGE THAT IS, UH, THE ENLARGED PRIMARY RESIDENCE.
WHEN YOUR APPLICATION SAYS IT'LL INCLUDE AN EXTRA BEDROOM, BUT IN FACT, IT LOOKS LIKE WHAT YOU'RE PROPOSING IS A MUD ROOM, ANOTHER BATHROOM, TWO OTHER BEDROOMS, IS THAT RIGHT?
[01:40:01]
UH, THERE, THERE IS A RECONFIGURATION.SO, UM, AS I MENTIONED, WE HAVE THREE YOUNG CHILDREN.
UM, MY DAUGHTER TECHNICALLY SLEEPS, UH, IN A ROOM THAT HAS NO CLOSET AND HAVE DOORS TO THE BACKYARD.
SO IT'S, UH, IT'S ACTUALLY NOT A BEDROOM.
AND, UH, AND MY BOYS WHO ARE SLATED TO BE OVER SIX FEET TALL, ARE SHARING, UM, UH, A BEDROOM IN A BUNK BED AT THIS TIME, WHICH WILL WITH THE ADDITION WILL ALLOW US TO, UM, HAVE AN ADDITIONAL ADDITIONAL BEDROOM.
AND WE BUILT IN, I HAVE A STACKABLE WASHER AND DRYER RIGHT OFF MY KITCHEN, UH, THAT YOU SQUEEZED BY.
SO THERE IS, UH, THE MUDROOM IS ACTUALLY JUST A LAUNDRY CLOSET.
SO I HAVE SOMEWHERE TO PUT MY WASHER AND DRYER.
AND AGAIN, UM, WE'RE JUST HOPING TO HAVE A REASONABLE AMOUNT OF LIVING SPACE FOR FIVE, SO WE CAN, UH, REMAIN IN OUR, IN OUR RESIDENCE.
SO I HOPE THAT HELPS EXPLAIN WHAT YOU SEE THERE ON THE DRAWING.
I JUST WANT TO MAKE SURE THAT, THAT I UNDERSTAND WHAT I'M BEING ASKED TO APPROVE.
I'M BEING ASKED TO APPROVE A VARIANCE SO YOU CAN BUILD WHAT IS SHOWN HERE AS BUILDING ONE IN LARGE PRIMARY RESIDENCE.
IS THAT RIGHT? YES, THAT IS CORRECT.
OTHER QUESTIONS, MOTION IN ENGLAND.
I HAVE A QUESTION FOR THE APPLICANT, MELISSA, WOULD THAT LET HER HAVE COME FROM I'M SORRY, CAN YOU PLEASE REPEAT THE QUESTION? UH, NEIGHBORHOOD SUPPORT LETTER, WHO WOULD THAT HAVE COME FROM? UM, I'M SURE IT WAS WITH A MAIL PACKET BECAUSE WE WERE ON THE MAY AGENDA.
SO I KNOW THEY HAD ALSO WRITTEN A LETTER OF SUPPORT, UH, FOR ANOTHER CASE, BUT IT'S THE NORTHWEST NEIGHBORHOOD ASSOCIATION, IF I'M ABLE TO ADDRESS THE BOARD.
UM, MY NAME IS BRIAN
UH, THE LETTER WAS WRITTEN BY JASON BURROWS, THE PRESIDENT OF OUR NEIGHBORHOOD ASSOCIATION.
DOES THAT HELP YOU FIND WHAT YOU'RE LOOKING FOR ONLINE? YES.
I THINK THEY SUBMITTED A LETTER FOR A DIFFERENT CASE.
SO MY UNDERSTANDING IS WE DID SUBMIT A LETTER OF SUPPORT FOR, UH, THE CASE IN FRONT OF YOU CURRENTLY.
UM, WE HAD A VOTE AT A MEETING TO UNANIMOUSLY SUPPORT THE VARIANCE, I WOULD SAY THAT'S GOOD ENOUGH FOR ME.
ANY OTHER QUESTIONS FROM BOARD MEMBERS? MOTION.
ANYONE CAN PULL UP THE PACKET.
SO, UH, UH, BOARD MEMBER BALING, UM, THIS IS A LITTLE BIT TOUGH, BUT I WILL MOVE TO APPROVE IT BECAUSE I DO THINK THEY'RE ADDING A LOT MORE THAN THEY KIND OF ARE SAYING THAT THEY WERE ADDING.
IT'S NOT JUST A BEDROOM IS QUITE A BIT MORE, BUT, UM, I MOVED TO APPROVE IT BECAUSE WHAT WAS ON THAT PROPERTY WAS, HAS BEEN EXISTING SINCE THE FIFTIES.
CAN WE, CAN WE TALK, CAN WE TIE THAT TO THE PLAN THAT'S SHOWN ON, ON PAGE 10? YES.
SO ARE Y'ALL READY FOR FINDINGS? SO, UH, IF DID READY HOLD UP.
I, I HAVEN'T HAD A TROUBLE, SO I HAD HIM.
SO, UM, REASONABLE USE SOMETHING LIKE REGULATIONS APPLICABLE TO THE PROPERTY TO NOT ALLOW FOR A REASONABLE USE BECAUSE THEY'RE SEEKING A VARIANCE FOR AN ADDITIONAL 207 SQUARE FEET BEYOND THE 40% FAR TO ADD ONTO THE FAMILY RESIDENCE.
LET'S SEE, ONE ADDITION WE ARE SEEKING WILL INCREASE OUR HOME TO A TOTAL OF APPROXIMATELY 1400 SQUARE FEET FROM 1100 SQUARE FEET, WHICH MAKES IT MORE OF A FAMILY HOME SO THAT THEY CAN STAY IN A NEIGHBORHOOD AND IN A HOME THEY CAN AFFORD, UM, THE HARDSHIP FOR WHICH THE BAND'S HIS REQUEST IS UNIQUE TO THE PROPERTY.
AND THAT THE CURRENT PROPERTY INCLUDES A GARAGE APARTMENT, WHICH WAS BUILT PRIOR TO THIS APPLICANT, BUYING THE RESIDENCE.
THE APARTMENT PROVIDES WELL, INCOME IS NOT AN, UH, A HARDSHIP, UM, BUT IT ALLOWS THEM TO STAY IN THE NEIGHBORHOOD TO RAISE CHILDREN.
AND YET IT HAS IMPACTED THEM AS THEY ARE.
AND THAT WE CANNOT INCREASE OUR HOME TO ACCOMMODATE OUR FAMILY'S DAY TO DAY ACTIVITIES SEEKING TO BUILD A SINGLE FLOOR ADDITION THAT WILL INCLUDE AN ADDITIONAL BEDROOM THAT YOU HAVE SUPPORT
[01:45:01]
FROM THE NEIGHBORHOOD AND THE NEIGHBORHOOD ASSOCIATION.THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE AFOREMENTIONED GARAGE APARTMENT IS UNIQUE TO THIS PROPERTY AS IT WAS BUILT QUITE A WHILE AGO.
AND, UM, AND IT HAS A SUBSTANTIAL IMPACT ON THE FAR.
LET'S SEE, IT'S BASICALLY, WHAT AM I SAID, CHARACTER THAT WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT APPEAR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT APPEAR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE FRONT ELEVATION OF THE HOME WILL REMAIN INTACT.
AND WE ARE PRESERVING OUR ORIGINAL 1951 PIER AND BEAM FOUNDATION AND DESIGN THE ADDITIONAL ONLY IMPACT A PORTION OF THE BACKYARD AND WILL NOT BE VIEWABLE FROM THE STREET.
ALL THE NEIGHBORS LIVING ADJACENT TO THE PROPERTY ACROSS THE STREET, AS WELL AS DOWN THE BLOCK HAVE DECIDED TO PETITION OF SUPPORT DUE TO AN ALLEY BEHIND THE PROPERTY THAT WE DO NOT SHARE A FENCE LINES OR SPACE WITH THAT NEIGHBORS, THEY WILL REMAIN UNIMPACTED.
SO MOTION TO APPROVE AMENDED TO TIED THE PLAN ON PAGE 10, TOMMY EIGHTS.
[D-7 C15-2021-0035 Nikelle S. Meade for Pressler RRI, LP (Donald J. Reese) 1409, 1501, 1505 W. 3rd St. & 300, 301 Pressler St.]
SEVEN C 15 20 21 0 0 3 5.THIS IS GOING TO BE 5, 3, 1 4 AVENUE, G SUZANNE.
SHE WORKED FOR MARY SHORT AND NICK PUGLIA.
SUZANNE, ARE YOU ON THE LINE? YEAH, YOU JUST SKIPPED ONE.
YEAH, I THINK THESE FEMINIST YOU'RE RIGHT.
I AM STILL HAVING A HARD TIME WITH THE ELECTRONIC PACKET.
IS ANYONE ELSE ABLE TO ACTUALLY SEE ANYTHING? I'M ALSO HAVING ISSUES? I'VE GOT A BETTER LIST FOR THIS.
YEAH, I HAVE ONE BECAUSE I CAN'T LOAD THE AGENDA AGAIN.
I HAVEN'T, I'M NOT HAVING ANY ISSUES.
THEN, UH, I JUST TO MAKE ALL THE NURSES, SORRY, I WOULD HELP IF I COULD.
IF AT ALL, WERE YOU ABLE TO DOWNLOAD THE PDF? CAUSE I'M OPENING THE LINKS DIRECTLY FROM THE PDF AND I'M NOT HAVING ANY ISSUES FROM THE DOWNLOADED PDF.
I CAN DO IT FROM ANY LOCATION.
I'VE TRIED IT FROM THE AGENDA.
I'VE TRIED IT FROM THE BACK TO THE WEBPAGE.
UM, YEAH, IT KEEPS COMING TO IT.
IT HAPPENS SOMETIMES, USUALLY DURING OUR MEETINGS.
WELL, UM, IF Y'ALL NEED HELP WITH ANYTHING, MINE'S LOADING FINE.
UM, BUT THE PUSHUP TABLES SEE THE PRESENTATION, RIGHT.
SO SEE, 15 20, 21 0 0 3 5 ITEM.
WE'VE GOT, UH, NICHOLAS MEAD FOR PRESSLER.
NICOLE, ARE YOU ON THE LINE? I AM.
AND I'M GOING TO START MY PRESENTATION ON, ON SLIDE 15 ACTUALLY IN THE INTEREST OF TIME.
SO YOU HAVE RON SLIGHTLY TEAM.
THIS IS MIQUEL MEAD WITH TASHA BLACKWELL REPRESENTING PRESSLER, R R I WE ARE BEFORE YOU TODAY ASKING FOR A VARIANCE THAT WE KNOW IS ODD AND UNUSUAL.
UM, AND I WANT TO JUST SPEAK A LITTLE BIT ABOUT HOW WE GOT HERE.
THIS IS A PROJECT THAT CONSISTS OF THREE PROPERTIES, AND WE ARE ASKING FOR A VARIANCE TO ALLOW US TO EXCEED THE MAXIMUM HEIGHT IN THE WATERFRONT OVERLAY FROM 60 FEET TO 75 FEET EFFECTIVELY TO ADD ONE STORY OF RESIDENTIAL TO THE DEVELOPMENT.
UM, AGAIN, I WANT TO EXPLAIN HOW WE GOT HERE.
THE SITE IS, UH, HAS A VERY UNUSUAL CONFIGURATION, AS YOU CAN SEE HERE.
UH, WE HAVE MANY SITE CONSTRAINTS THAT I'LL, I'LL SPEAK ABOUT IN JUST A MINUTE, BUT,
[01:50:01]
UH, WE ARE THE MOST IMPORTANT OF THOSE CONSTRAINTS IS THAT WE ARE ADJACENT TO CITY PARKLAND.UM, ALSO OF IMPORTANCE IS THAT WE'RE ALSO ADJACENT ON THE OTHER SIDE TO THE NORTH, TO THE UNION PACIFIC RAIL LINE.
UM, AND SO WE REALLY STRUGGLED WITH HOW DO WE MAKE A DEVELOPMENT HERE THAT RESPECTS AND, UH, WORKS WITH THE PARK AND PROVIDES THE KIND OF AMENITIES THAT ARE NEEDED IN THIS AREA.
AS IT STANDS TODAY, THE UT RAIL LINE REALLY CREATES A BARRIER FROM ALL THE PROPERTIES NORTH OF THIS SITE, UM, INTO THE PARK AND ALL THE WAY DOWN TO CESAR CHAVEZ.
SO WE SPENT A LOT OF TIME WORKING WITH THE OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION WITH THE PARKS AND RECREATION DEPARTMENT WITH AUSTIN ENERGY, AUSTIN TRANSPORTATION, AND AUSTIN WATER TO TRY TO COME UP WITH SOMETHING THAT MADE SENSE IN DOING THAT.
WE ARE CREATING A PARK TRAIL HEAD ON THAT EXPANDS NOT ONLY ONTO THE PARK PROPERTY, BUT ALSO ONTO OUR PROPERTY AND IN, IN THE RESULT OF THAT.
AND THE OTHER CONSTRAINTS THAT I'LL TALK ABOUT IS THAT WE END UP EATING UP A LOT OF THE PROPERTY AND MAKING IT SUCH THAT WE CANNOT DEVELOP OUT AT ALL OUR ONLY OPTION TO GET THE NUMBER OF UNITS THAT WE NEED TO IN ORDER TO PROVIDE THE AMENITIES WE'VE AGREED TO, IS TO GO UP.
SO YOU CAN SEE ON SLIDE 15, UH, THE PUBLIC PLAZA THAT I TALKED ABOUT AND, AND GETTING NOW INTO THE SITE CONSTRAINTS, AND I'LL WALK YOU THROUGH THEM.
UM, YOU CAN ALSO SEE THAT, UH, WE ARE SEPARATED.
THIS SITE IS THREE TRACKS SEPARATED BY TWO PUBLIC RIGHTS, RIGHTS OF WAY.
BUT THE UNFORTUNATE PART OF THAT IS THAT NEITHER OF THESE RIGHTS OF WAY ARE FUNCTIONAL.
UM, THEY, FOR A VARIETY OF REASONS WERE NEVER CONSTRUCTED.
AND SO PRESSLER DOESN'T CUT THROUGH TO THE PARK TO PROVIDE AN OUTLET FOR ANYBODY TO THE NORTH AND NEITHER JUST PAUL STREET.
UM, AND WE ARE ALSO HAVING TO, BECAUSE THOSE RIGHTS OF WAY, LET ME ALSO ADDRESS WEST THIRD STREET ALSO DOESN'T EXIST.
SO WE'RE ALSO HAVING TO PROVIDE ALL THE FIRE ACCESS ON OUR PROPERTY.
WE ARE ALSO CONSTRAINED, AS I SAID, BY THE UNION PACIFIC RAILROAD.
AND BECAUSE OF THAT, WE ARE CREATING QUIET CROSSINGS, UM, AND THOSE QUIET CROSSINGS WE'LL PRO WE'LL CREATE SAFETY ARMS, BUT BECAUSE OF THE WAY THE SITE IS CONFIGURED, WE'RE HAVING TO PUT THOSE NOT COMPLETELY IN THE PUBLIC RIGHT OF WAY, BUT ALSO PARTIALLY ON OUR PROPERTY.
NEXT SLIDE, PLEASE, YOU CAN SEE TO THE WEST OF THE SITE, WE HAVE TWO HERITAGE TREES, WHICH WE ARE FAIRLY CERTAIN CANNOT BE MOVED.
AND THE CITY PARKS DEPARTMENT HAS EXPRESSED THAT THEY DO NOT WANT THEM MOVED.
UM, AND SO THAT REALLY TAKES UP A GOOD CHUNK ON THE WESTERN SIDE OF THE PROPERTY.
NEXT SLIDE, WE ARE ALSO HAVING TO ESTABLISH TWO DRAINAGE EASEMENTS ON THE PROPERTY.
ONE OF WHICH IS ACTUALLY HANDLING WATER COMING FROM OLD WEST AUSTIN THROUGH THE PARKLAND, AND THAT IS NEEDING TO BE TAKEN CARE OF ON OUR SITE.
UM, WE'RE ALSO ESTABLISHING A NEW WASTEWATER EASEMENT, UH, AND NEW WATER AND WASTEWATER LINES TO, UM, UH, HELP ADDRESS THE WASTEWATER AND WATER PRESSURE SITUATION THAT, UH, THE, THE OPTIMUM WATER UTILITY HAS FOR THE PROPERTIES THAT ARE NORTH OF US IN OLD WEST AUSTIN AND EFFECTIVELY, WE ARE LOOPING THEIR SYSTEM TO HELP IMPROVE THAT WATER SERVICE TO THE, TO ALL THE HOMES THAT ARE NORTH OF US.
WE ARE ALSO ESTABLISHING A NEW ELECTRIC EASEMENT ACROSS THE PROPERTY, AND WE WILL BE BURYING THE EXISTING OVERHEAD ELECTRIC LINES.
UH, THERE'S A TRANSMISSION LINE THAT RUNS EAST WEST THROUGH THE PROPERTY THAT WE CAN NOT BURY, BUT WE'RE BEARING THE OVERHEAD LINES THAT EXTEND NORTH SOUTH.
AND THAT'S ALSO TAKING OUT THE PIECE OF THE PROPERTY.
SO ALL IN ALL, YOU CAN SEE THAT WE LOSE ABOUT 52,000 SQUARE FEET OF BUILDABLE AREA BECAUSE OF THESE CONSTRAINTS.
AND IF YOU CAN GO TO SLIDE 26, PLEASE, UM, I WANT TO ADDRESS THAT THIS IS NOT THE ONLY PROPERTY IN THIS AREA THAT IS GREATER THAN 60 FEET IN HEIGHT.
YOU'VE HA YOU HAVE THE CAPSTAR PLOTS A BUILDING, WHICH IS A HUNDRED FEET.
AND NEXT SLIDE, YOU ALSO HAVE THE CLARK, WHICH IS 75 FEET IN HEIGHT.
SO WE THINK THAT WHAT WE'RE REQUESTING WON'T ALTER THE CHARACTER OF THE AREA.
UM, AND WE FEEL LIKE IT'S, UH, THIS IS AN UNUSUAL REQUEST.
WE KNOW THAT, BUT IN ALL OF OUR DISCUSSIONS WITH, I THOUGHT INTERRUPT, THE FIVE MINUTES ARE UP.
I TRIED TO GIVE YOU THE LAST STRAW.
YEAH, I WAS JUST GOING TO, I WAS JUST GOING TO SAY WHEN ALL THE DISCUSSIONS WITH ALL THE STAKEHOLDERS AND I CAN RESPOND TO QUESTIONS ABOUT THIS, IT WAS VERY CLEAR THAT NOBODY WANTED US TO ASK FOR
[01:55:01]
A PUD.THAT IS WHY WE ARE BEFORE YOU TODAY.
AND I CAN EXPLAIN THAT IN GREATER DETAIL IF YOU ALL WANT.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING, UH, BOARD MEMBER BAILEY.
YES, I AM EXTREMELY FAMILIAR WITH THIS PROPERTY, ACTUALLY WORKED WITH THE UTI URBAN FUTURES LAB ON THE, THAT WHOLE QUARTER TO COME UP WITH SOME DESIGN SOLUTIONS ALONG WITH THE PROPERTY OWNERS AND THE NEIGHBORHOOD A LONG TIME AGO.
UM, I KNOW THAT IT'S MORE THAN INDUSTRIAL, KNOW THAT THERE'S SOME RENTAL HOMES ON SOME OF THOSE PROPERTIES AND THE, THAT THE ACCESS IS TO VERY SMALL TWO LANE ROADS.
NOW MY QUESTION, WELL, A COUPLE, HAVE YOU GOTTEN PERMISSION FROM THE RAILROAD TO, UM, CONSTRUCT THE ARMS, THE CROSSINGS HAVE, HAVE THEY GIVEN THEM PERMISSION BECAUSE THEY'D NEVER DONE IT BEFORE? YES.
UH, BOARD MEMBER BAILEY, YOU ARE EXACTLY RIGHT.
THEY ARE VERY DIFFICULT ABOUT IT.
AND WE DO HAVE THAT PERMISSION.
WE WORKED PRETTY EXTENSIVELY WITH THE CITY OF AUSTIN CITY COUNCIL, UM, AND UT OUR, OUR UNION PACIFIC RAILROAD TO COME TO AN AGREEMENT ABOUT CONSTRUCTING THOSE ARMS. AND I'M ACTUALLY HAPPY TO SAY THAT THAT THAT CONSTRUCTION ACTUALLY STARTED TODAY.
UM, AWANA WAS VERY INSTRUMENTAL IN THAT AISD WAS INSTRUMENTAL IN THAT.
AND SO IT'S, IT'S A PRETTY BIG DEAL.
AND I WILL SAY THAT THE DEVELOPERS DOING THAT AT THEIR COSTS 100%, THE CITY WAS NOT ABLE TO COST PARTICIPATE IN THAT.
AND SO WE ARE EATING THAT COST ON OURSELVES.
AND I KNOW IT WHEN WE DID THE PLAN PREVIOUSLY FOR THAT WHOLE AREA.
UM, IT WAS THE PREVIOUS APPLICANT BEFORE SHE PASSED AWAY INSTEAD OF HER SON.
SO, UM, UH, THE OTHER THING THAT, UM, I HAD A QUESTION ON, OH, SO HOW DO YOU FEEL YOU'RE GOING TO HAVE TRAFFIC BECAUSE THERE'S CONSTANT TRAINS GOING THROUGH THERE AND YOU'RE PROPOSING A LOT OF DEVELOPMENT ON THOSE TWO PIECES, YOU KNOW, WITH THE ONLY, THE VERY SMALL ACCESS POINTS IN AND OUT OF THAT DEVELOPMENT, 3 75 FOOT TALL BUILDINGS WITH, I DON'T KNOW HOW MANY SQUARE FEET IS OFFICE AND HOW MANY SQUARE FEET IS RESIDENTIAL, BUT AT 8:00 AM.
AND YOU'VE GOT TRAINS EVERY 15 MINUTES AND PEOPLE COMING AND GOING, HOW ARE YOU GOING TO HANDLE THE BACKUPS, BOTH ON PRESSLER AND ON THIS PROPERTY.
SO THE, THE ADDITION OF THE EXTRA FLOOR ONLY AT 61 UNITS.
UM, AND SO WE THINK WE CAN ACCOMMODATE THOSE, THE TRAFFIC AND MOBILITY FOR THOSE 61 UNITS.
WE, HOWEVER WE HAVE BEEN WORKING WITH AUSTIN TRANSPORTATION DEPARTMENT AND THEY DO NOT BELIEVE THAT THIS IS GOING TO CREATE A TRAFFIC PROBLEM.
WE ACTUALLY EVEN SORT OF, UH, TALKED WITH THEM AND, AND TALK, DISCUSS THE IDEA OF OPENING UP ANOTHER ACCESS POINT DOWN TO SAY THIRD CHAVEZ.
AND THEY FELT LIKE BECAUSE OF THE LEVELS OF SERVICE OF THE VARIOUS POINTS AROUND US AT FIFTH STREET AT WHERE THE RAILROAD TRACKS CROSS PRESS ALL, THEY FELT LIKE WE WOULD BE ABLE TO ACCOMMODATE ARE ALL TOLD WE WILL HAVE 326 UNITS AND THEY FELT LIKE WE WOULD BE ABLE TO ACCOMMODATE THOSE UNITS WITHOUT A PROBLEM.
I WILL ALSO SAY THOUGH, THAT PART OF THE GOAL OF THIS DEVELOPMENT IS THAT WE HAVE PEOPLE WHO ARE CLOSE ENOUGH INTO TOWN, THAT THEY WILL UTILIZE SOME BICYCLE, SOME, UH, PEDESTRIAN MOBILITY.
AND WE'RE ALSO WORKING WITH PART, WE HAVE A PARKLAND IMPROVEMENT AND DEVELOPMENT AGREEMENT THAT WAS APPROVED BY THE PARKS BOARD IS A C UM, AND THE PARKS STAFF.
AND AS A PART OF THAT, WE ARE PROBABLY GOING TO BE ADDING, UM, SOME SORT OF ACCESS TO BIKES AND CAR SHARE ON THE PROPERTY, JUST TO FURTHER REDUCE THAT IMMEDIATE, YOU KNOW, TRAFFIC EXPLOSION THAT YOU MIGHT SEE DURING PEAK HOURS.
SO WE'VE TALKED A LOT ABOUT THE TRAFFIC AND HOW TO GET PEOPLE IN AND OUT OF THE SITE.
AND EIGHT ATD FEELS LIKE WE'RE GOING TO BE ABLE TO ACCOMMODATE IT WITHOUT A MAJOR ISSUE.
JUST A QUICK POINT ON THE 75 FEET, THE BUILDINGS THAT YOU NOTICED THAT ARE 75 FEET OR TALLER ARE NOT IN THE WATERFRONT OVERNIGHT, THIS IS THE ONLY ONE THAT'S IN THE WATERFRONT OVERLAY.
JUST SO PEOPLE UNDERSTAND THAT THESE ARE NOT THE SAME.
WELL, AND I WILL SAY THAT A BOARD MEMBER THAT THE BUILDING, THE CLARK, WHICH I SHOWED, WHICH IS 75 FEET, IF YOU ACTUALLY LOOK AT THE MAP, IT'S ACTUALLY CLOSER TO THE WATER THAN, THAN THIS SIDE IS.
SO WE TOTALLY UNDERSTAND THAT THAT SITE IS NOT IN THE WATERFRONT OVERLAY, ACTUALLY THINK THE CAPSTAR SITE IS, BUT WE, YOU KNOW, WE DO UNDERSTAND THAT THEY ARE NOT IN A WATERFRONT OVERLAY, BUT JUST PHYSICALLY ON THE GROUNDS, A PERSON WE'RE OVER A THOUSAND FEET FROM THE WATERFRONT AND THE CLARK IS SOMETHING LIKE 788
[02:00:02]
HUNDREDS.SO, YOU KNOW, A PERSON ON THE GROUND AT THE WATERFRONT, THEY ACTUALLY HAVE A BIGGER IMPACT ON IT THEN THAN WE DO.
IT'S JUST THAT WE HAPPEN TO BE WITHIN THE EDGE OF THE BOUNDARY.
UM, JUST A QUESTION, UH, MIGUEL, THANK YOU FOR A WELL DONE PRESENTATION IS ALWAYS, I DON'T HAVE A LOT MORE QUESTIONS, BUT I, I DIDN'T HEAR WHAT YOU SAID AT THE END OF YOUR PRESENTATION ABOUT A PUD.
AND I JUST WANT TO MAKE SURE THAT I, THAT I CAUGHT THE COMMENT.
THANK YOU SO MUCH FOR THAT QUESTION.
SO WE, AS YOU ALL KNOW, UM, WE HAVE VERY FREQUENTLY SEEN AS A CITY THAT THE ONLY RESPONSE TO NEEDING ANY DEVIATION TO THE WATERFRONT OVERLAY IS TO SEEK A PUD.
WE GOT IMMEDIATE FEEDBACK FROM OUR COUNCIL MEMBERS WHO HAVE DISTRICTS THAT INCLUDE THE WATERFRONT OVERLAY.
THAT THAT WAS, THEY DID NOT LIKE THAT DIRECTION.
AND I WILL SAY EVERYBODY'S BEEN VERY PLEASED WITH THE PROJECT.
NOBODY WANTED US TO ASK FOR PUD.
WHO'VE HAD A LONG HISTORY WITH THE WATERFRONT OVERLAY LIKE COREY WALTON AND DONNA TMN AND OTHERS.
AND IT WAS A PRETTY UNANIMOUS CONSENSUS.
AND EVEN WITH ILANA, THE NEIGHBORHOOD ASSOCIATION, PRETTY UNANIMOUS CONSENSUS THAT A PUTT ON THIS THREE ACRE SITE DIVIDED INTO THREE TRACKS IS REALLY AN INAPPROPRIATE TOOL.
AND SO WE HAD A LONG DISCUSSION ABOUT IT, AND EVERYBODY SAID THE APPROPRIATE TOOL, NO MATTER WHAT ANYBODY ELSE DOES OR SAYS IS TO SEEK A VARIANCE FROM THE BOARD OF ADJUSTMENT.
AND IN ADDITION TO THAT, LET ME SAY THE PROPERTY IS CURRENTLY ZONED CS.
WE WILL ACTUALLY HAVE TO REZONE THE PROPERTY AS WELL TO ACTUALLY, EVEN IF THE BOARD APPROVES THE VARIANCE, WE STILL HAVE TO GO THROUGH A RESOUNDING PROCESS IN ORDER TO ADD TDA IN ORDER TO BE ABLE TO HAVE THAT EXTRA 15 FEET OF HEIGHT.
AND WE'RE FULLY EXPECTING THAT IN THAT PROCESS, YOU KNOW, WE'LL BE TALKING ABOUT THINGS LIKE AFFORDABLE HOUSING AND COMMUNITY, OTHER COMMUNITY BENEFITS AND THAT SORT OF THING, BUT THAT'S WHY WE DIDN'T SEE PUD.
THERE WAS A UNANIMOUS FEELING THAT ALTHOUGH THERE WAS A LOT OF POSITIVITY ABOUT THE PROJECT, NOBODY THOUGHT PUD WAS AN INAPPROPRIATE TOOL.
I ALSO WANT TO SAY THAT WE ACTUALLY DID AN ANTICIPATION OF Y'ALL POTENTIALLY ASKING.
WE DID BRING THIS CASE FORWARD TO SMALL AREA PLANNING JUST TO HAVE THEM HAVE AN OPPORTUNITY TO LOOK AT IT.
AND THEY AGREED THAT THEY ACTUALLY WERE PRETTY PLEASED THAT WE WEREN'T SEEKING A PUD, THAT WE WERE FINDING ANOTHER OPTION TO BE ABLE TO MAKE THIS HOPEFULLY, YOU KNOW, SMALL DEVIATION.
IN ORDER TO MAKE THIS WORK, DO YOU NEED THE HEIGHT ON ALL THREE OF THESE TRACKS OR IS THERE SOME, UM, SOME OF THESE TRACKS THAT WE CAN JUST CHEAT THE WAY THAT THEY'RE SUPPOSED TO BE WITHOUT, WITHOUT A VARIANCE, UH, A HEIGHT VARIANCE SPECIFICALLY.
SO BECAUSE THE TRACKS ARE LONG AND SKINNY, WE ARE W WE WILL, WE DON'T HAVE TO HAVE MUCH HEIGHT TO ADD UNITS.
THE ADDITION OF THE FLOOR REALLY ONLY GIVES US 60 ADDITIONAL UNITS, WHICH IS THE TARGET NUMBER OF UNITS THAT WE'VE ALWAYS WANTED TO ACHIEVE IN ORDER TO, TO BE ABLE TO PROVIDE THE AMENITIES.
AND SO IT ENDS UP JUST BEING A TRADE OFF THAT, YOU KNOW, THE FEWER UNITS WE CAN PROVIDE THE, THAT WE CAN, WE CAN DEVELOP THE, YOU KNOW, WE START TO CUT INTO THE AMENITY LIST.
AND SO WE REALLY RE UH, RESPECTFULLY REQUEST THAT THE BOARD CONSIDER THE VARIANCE ON ALL THREE OF THE TRACKS, UH, BECAUSE AT THE END OF THE DAY IT ONLY GETS US 60 ISH ADDITIONAL UNITS.
ANY OTHER QUESTIONS? I JUST HAVE A QUESTION.
I DON'T KNOW IF YOU CAN ELABORATE ON, UM, THE AMENITIES THAT YOU SPEAK OF AND HOW, UM, THOSE ARE IMPACTED BY THE 60 ADDITIONAL UNITS.
IF YOU, IF SOMEONE STILL IS MANNING THE POWERPOINT, UM, IF YOU GO TO SLIDE NINE, UM, ACTUALLY, IF YOU CAN GO TO SLIDE 11, THAT'S PROBABLY A BETTER SLIDE TO LOOK AT.
SO THIS IS A SUMMARY OF THE AMENITIES THAT ARE PART OF THE PARKLAND IMPROVEMENT AGREEMENT, THE QUIET CROSSING ARMS THAT WE TALKED ABOUT, THE BIKE AND TED TRAIL THAT GOES FROM PRESSLER DOWN TO THE LANCE ARMSTRONG BIKEWAY.
AND WE ACTUALLY ARE OFF OF EXTENDING, UH, A WALKWAY
[02:05:01]
DOWN PAUL STREET AT THE SPECIFIC REQUEST OF ALANA, THE PEOPLE WHO WERE SORT OF WEST OF IT, UH, WHEN IT TO BE ABLE TO ACCESS PAUL STREET, NOT JUST PRESSER STREET, UM, THE PUBLIC TRAIL HEAD, UM, THE, WE ARE EFFECTIVELY CUTTING THE BLUFF TO, UH, AND GRADING IT TO SORT OF, UM, A TEAM OR, UH, CREATE MORE USABLE PARKLAND.UM, WHERE NOW IT'S JUST LIKE A WEIRDLY ODDLY MESSY VEGETATED BLUFFS THAT CAN'T BE USED FOR ANYTHING.
UM, AND THEN WE ARE BURYING THE UTILITIES AND UPSIZING, UH, THE WATER AND WASTEWATER LINES.
ALL OF IT, UH, IS, YOU KNOW, IT REALLY IS JUST A MATTER OF HOW MUCH CAN WE APPLY IN COSTS TO EACH UNIT.
AND SO IT REALLY JUST COMES DOWN TO WHAT'S THE NUMBER OF UNITS WE NEED IN ORDER TO BE ABLE TO PROVIDE THIS SET OF AMENITIES.
AND, YOU KNOW, WE ENDED UP JUST TAKING SOME AWAY AS WE, AS THE NUMBER OF UNITS REDUCED.
SO THAT OVERALL THE UNITS DON'T BECOME SO CRAZY PRICE THAT, YOU KNOW, THEY'RE NOT AFFORDABLE TO ANYBODY BECAUSE WE BASICALLY TAKE THESE COSTS AND APPLY THEM PER UNIT.
I, I THINK YOU ANSWERED MY QUESTION.
I'M JUST TRYING TO, YEAH, IT'S REALLY JUST A MATTER OF HOW MUCH WIGGLE ROOM DO WE HAVE TO BE ABLE TO PUT THOSE FUNDS INTO THE AMENITIES? SURE.
SO IT'S LIKE AN ECONOMICS QUESTION.
AND SO, BUT ON THE ONE HAND, YOU'RE KIND OF DOWNPLAYING THAT IT'S REALLY NOT THAT MANY UNITS THAT YOU'RE ADDING, BUT ON THE OTHER HAND, YOU'RE SAYING THAT THEY CONTRIBUTE PRETTY SIGNIFICANTLY TO THE AMENITIES BEING PROVIDED.
AND WE DON'T NEED, YOU KNOW, WE ARE, THE DEVELOPERS IS, IS COVERING THE MAJORITY OF THE COSTS.
AND SO WE DON'T NEED A THOUSAND UNITS TO MAKE IT WORK.
WE'RE REALLY JUST TRYING TO HAVE THE RIGHT NUMBER OF UNITS IN ORDER TO MAKE THE TOTAL PACKAGE OF AMENITIES WORK.
AND SO, YOU KNOW, THROUGH A LOT OF, OF NUMBER CRUNCHING AT THE BEGINNING OF THE PROJECT, WHEN WE FIRST STARTED DISCUSSIONS WITH PARD, WE, WE KNEW AT THAT TIME THAT WE NEEDED 326 UNITS, THE WAY THAT SITES ARE CONFIGURED, THE ONLY WAY TO GET THAT 326 UNITS IS WITH THE EXTRA FLOOR.
ANY OTHER QUESTIONS? ARE WE READY FOR EMOTION? YOU KNOW, I'M USUALLY A HARD CORE.
I WON'T EVEN SAY WHAT IS THERE TO SAY.
I'M USUALLY MORE HARDCORE WHEN IT COMES TO HEIGHTEN WATERFRONT, BUT I THINK THIS HAS ACHIEVED SO MANY OF THE LONG-TERM GOALS OF THE NEIGHBORHOOD TO BE ABLE TO HAVE ACCESS THROUGH.
AND ALSO, LIKE I SAID, I'VE WORKED ON A PROJECT THAT WAS ALL OF THAT PART OF FIFTH STREET ALL THE WAY, EVEN THE TIPS PRO YOU KNOW, UM, PROPERTIES AND STUFF ON WHAT THE GOALS WERE, AND THIS ACTUALLY MEETS A LOT OF THOSE GOALS.
SO I AM GOING TO MOVE TO PROOF BOARD MEMBER MCDANIEL.
CAN YOU PLEASE TAKE THIS SLIDE DOWN, YOU KNOW, IS THAT YOU ROM ON THE SECOND? YES, IT WAS KEY.
SO I HAVE A MOTION AND A SECOND LET'S VOTE.
AND ALSO IF THERE'S ANY COMMENTS, ARE THERE ANY COMMENTS? I MEAN, IT WAS JUST A QUICK MOTION.
I BELIEVE IT, AFTER ONLY THAT AFTER, UH, UH, UH, YOUTH MISSPENT SNEAKING UP AND DOWN THAT HILL, THAT WILL BE NICE TO SEE.
WELL, AND IF BROOKE IS MAKING A MOTION AFTER SHE WAS CHAIR OF THE WATERFRONT OVERLAY ADVISORY BOARD, ALL STAND BEHIND THAT SECOND.
IT'S A PRETTY FUNNY, I KIND OF HEARD HINTS THAT SOMETHING WAS HAPPENING THERE, BUT I WASN'T ALLOWED TO SEE IT CAUSE IT WAS PROBABLY GOING TO COME TO OUR BOARD.
BUT I WILL SAY, I THOUGHT PART OF THAT HAD ALREADY BEEN REZONED MULTI-FAMILY SEVERAL YEARS AGO.
I THINK ALICE GLASGOW HAD BROUGHT A PROPOSAL FORWARD, BUT ANYWAYS, NO MATTER FINDINGS.
THERE'S ONLY REGULATIONS APPLICABLE TO THE PROPERTY TO NOT ALLOW FOR REASONABLE USE BECAUSE THEY LIMIT THE NUMBER OF PEOPLE WHO HAVE DIRECT ACCESS TO AND VIEWS THE OTHER JASON PARKLAND AND LADY BIRD LAKE.
I THINK IT'S MORE THAT, UM, WHAT IS IT THAT IS A BARRIER TO THE WATERFRONT OVERLAY INTENTIONS, BUT ALSO IT ACHIEVES THE GOALS OF NOT JUST THE WATERFRONT OVERLAID, BUT OF THE NEIGHBORHOOD, UM, THAT THEY HAVE NOT BEEN ABLE TO ACCESS DOWN INTO THE PARK BEFORE BECAUSE OF THE BLUFF AND, UM, THE BARRIER OF THE RAILROAD, WHICH IS HUGE, THAT YOU'RE ABLE TO GET THE THING.
[02:10:01]
CURRENTLY A FORMAL COMMERCIAL INDUSTRIAL SITE AND SOME HOMES BACK THEIR ORIGINAL HOUSES AND IMPROVE.IT WOULD ALLOW FOR THE REDEVELOPMENT OF THE PROPERTY WITH A GREATER CAPACITY FOR NEW HOUSING SUPPLY THAN OTHERWISE POSSIBLE, SUBSTANTIAL PARKLAND IMPROVEMENTS, NEW PEDESTRIAN AMENITIES, ENHANCED CONNECTIVITY, AND ACCESS TO PUBLIC TRANSIT.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AND THAT THE PROPERTY HAS A LONG AND NARROW CONFIGURATION.
THE PROPERTY IS ALSO BUILT ON A BLUFF, UM, ADJACENT TO PARKLAND TO THE SOUTH AND AN ACTIVE ROAD TO THE NORTH HARRIS TREE SLOPES, EASEMENTS AND REPORT SETBACK, AND THE PLAN PUBLIC PLAZA PARK ENTRANCE RIVER CROSSING ONS TRAIL REQUIRE ON-SITE FIRE LANES, FIREFIGHTER, WALKWAY, AND LOADING ALL PRESENT ADDITIONAL HARDSHIPS.
IT PROPERTY OF THIS SIZE AND CONFIGURATION IS NOT TYPICAL OF THE AREA.
AND THERE ARE A FEW OTHER PROPERTIES THAT ARE ENCLOSED BY ADJACENT CITY ON PARKLAND AND RAILROAD TRACKS, SLUB CREEK BANK, ET CETERA.
UM, AREA CHARACTER THAT VARIANTS WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT PERFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE APPROVAL WILL ONLY ENHANCE THE AREAS.
CHARACTERS AS PROJECT WOULD INCLUDE SUBSTANTIAL PARKLAND IMPROVEMENTS AND PEDESTRIAN AMENITIES.
AND YOU CAN CONNECTIVITY BETWEEN WEST CESAR CHAVEZ, PUBLIC TRANSIT, TRANSIT, AND RESIDENTS AND EMPLOYEES TO THE NORTH AND STUDENTS OF AUSTIN HIGH WILL HAVE A MUCH EASIER WAY TO GET TO SCHOOL.
UM, LET'S ARMSTRONG BIKEWAY HIKE, A BIKE TRAIL, AND HE FIELDS TO THE SOUTH IN ADDITION, CONSTRUCTION WILL NOT IMPAIR THE VISIBILITY OF THE LAKE FOR SOME PEOPLE IT WILL, BUT, UM, DUE TO THE NATURE OF SURROUNDING USES AND SLOPE TOPOGRAPHY, AND THE PROPERTY IS OUTSIDE THE OVERLAY SETBACK LINE.
AND I, I ALSO WANTED TO SAY THAT TOMMY IS BEING A REALLY GOOD SPORT BECAUSE HIS NAME STARTS WITH AN A AND THE NEW GUY HAS TO GO FIRST EVERY TIME.
AND SO MAYBE YOU'RE OUT AT SWITCH IT UP A LITTLE BIT.
SO HE DOESN'T FEEL SO UNDER THE GUN.
I WILL TAKE THAT UNDER ADVISEMENT.
EVERY TIME I WAS TRYING TO BE FAIR ALPHABETICAL.
AND LAST IN LINE AS THE OTHER NEW PERSON ON THE, OH, NO.
SO IT'S JUST GOING TO GO BACKWARDS.
ARE VARIANTS HAS BEEN APPROVED AND YOU KNOW, IT'S ALWAYS GREAT TO HEAR FROM ME.
WE SHOULD PROBABLY TAKE A LITTLE BREAK FIVE MINUTES IF EVERYONE'S OKAY WITH THAT.
CAN I GET A MOTION TO TAKE A FIVE MINUTE RECESS? DON'T REALLY NEED A MOTION TO ON THAT OR NOT.
I MEAN, THE BOOK SAYS YES, BUT YOU'RE THE BOSS.
I JUST WAS GOING TO TELL YOU THAT TRUMAN HAS JUST COME IN AND SAID IT'S TIME FOR A BREAK.
SO THAT'S A 7 45 MUTE BACK AT 7 55 AGAIN.
[D-8 C15-2021-0041 Suzanne Schuwerk for Mary Schuwerk/Nick Paglia 5314 Avenue G]
IS GOING TO BE D EIGHT C 15 20 21 0 0 4 1.THIS IS GOING TO BE 4 5, 3 1 4 AVENUE G SUZANNE SHOER AND SUZANNE, THANK YOU PATIENT.
WE DO HAVE A SPEAKER, UH, IN SUPPORT OF THIS WHO WAS SUPPOSED TO GO AT THE BEGINNING, BUT GOT MISSED.
SO, UH, IS BRIAN ROSEANN ONLINE? I AM.
UH, THANK YOU BOARD FOR, UH, FOR, UH, LETTING ME SPEAK.
UM, I'M SPEAKING ON BEHALF OF THE NORTHWEST NEIGHBORHOOD ASSOCIATION, UM, MARY AND NICK, UH, THE TWO RESIDENTS OF THIS PROPERTY REACHED OUT TO US, UH, EARLY ON AND ASKED TO
[02:15:01]
COME TO OUR MEETING TO PRESENT THEIR CASE TO US.THEY ENDED UP COMING TO OUR APRIL 7TH MEETING, UM, IN WHICH WE, UH, UNANIMOUSLY APPROVED THE, UH, VARIOUS APPLICATION YOU WERE ABOUT TO HEAR FROM, UM, WHAT WE WERE IMPRESSED BY WAS THE MODESTY OF THE REQUEST.
UH, IT KEEPS THE EXISTING HOUSE, UH, UH, AND OTHER STRUCTURES ON THE PROPERTY, LARGELY UNCHANGED ON THE EXTERIOR MAINTAINS THE QUALITY OF, AND CHARACTER OF THE NEIGHBORHOOD, UM, DOES NOT UTILIZE THE SIGNIFICANT, UH, ENTITLEMENTS THAT THEY COULD ACTUALLY BUILD OUT TO ON THE SITE.
UM, AND INSTEAD CHOOSES TO UPGRADE THE STRUCTURES THAT ARE THERE.
UM, WE UNDERSTAND THAT THAT WHILE THEY HAVE REDUCED THEIR IMPERVIOUS COVER IMPERVIOUS COVERAGE SLIGHTLY, THEY'RE STILL OVER THE ALLOWABLE.
UM, BUT WE DID NOT FEEL LIKE IT WAS A SUBSTANTIAL AMOUNT.
UM, AND AS THIS IS, UH, INDICATIVE OF THE EXISTING SITE CONDITIONS, UH, WHICH ARE IN, UM, TO VERY COMPATIBLE NATURE OF THE NEIGHBORHOOD, WE PICKED NO EXCEPTION TO THAT AND UNDERSTAND THAT THE VARIANCE THAT THEY'RE LOOKING FORWARD TO INCREASE THE FOREHEAD ON THE INTERIOR WAS TO INCREASE THE, UH, LIFE SAFETY EXPERT ASPECTS OF THE HOUSE, WHICH WE ARE VERY MUCH IN SUPPORTIVE.
UM, SO I WOULD JUST, I'M HERE TO SUPPORT THEIR CASE, ENCOURAGE YOU PLEASE, TO, UH, TO SUPPORT THE VARIANCE.
AND SUZANNE, ARE YOU READY TO PRESENT? TOOK IT OFF.
OH, UH, THANK YOU FOR ALLOWING ME TO PRESENT.
UM, I AM THE ARCHITECT FOR MARY SHORK AND NICK PAGLIA AT 53 14 AVENUE G.
UM, DO YOU HAVE THE FIRST WE DO WE'RE ON SLIDE ONE.
UM, THE SITE, UM, WAS CARVED OUT IN 1950 WHEN THIS HOUSE WAS BUILT, UM, INTO THREE DIFFERENT PIECES FROM A NORMAL SF THREE LOT.
AND WE ARE SEEKING, UH, TO DO AN INTERIOR REMODEL ON THE GARAGE CONVERSION THAT YOU SEE HERE.
THIS WAS AN ORIGINAL 1950S GARAGE THAT WAS CONVERTED TO THE HOUSE, UH, ABOUT 30 YEARS AGO.
UM, AND WITHOUT A PERMIT, WHEN WE APPLIED TO REPLACE, UH, THE SCREEN ENCLOSURE ON THE BACK THAT WILL FIT OVER THE CONCRETE PATIO.
UH, THE ZONING, UH, REVIEW SAID THAT WE NEEDED TO RETROACTIVELY PERMIT THIS AREA, UM, BECAUSE IT HAD NEVER BEEN PERMITTED BEFORE THEY WOULD GRANT US ACCESS TO, TO DO THE SCREEN AS IT EXISTS, IT WOULD NOT MEET CURRENT BUILDING CODES.
SO WE HAVE, UM, WE HAVE A PLAN TO, UM, CHANGE THE INTERIOR TO MEET LIFE SAFETY CODES AND, UH, THE CURRENT BUILDING CODE, BUT WE NEED A VARIOUS, BECAUSE THIS IS IN A NON-COMPLIANCE STRUCTURE BECAUSE OF SETBACKS.
AND THIS LOT OF COURSE IS ON A CORNER AND IT IS 4,213 SQUARE FEET.
UM, THAT IS LESS THAN THE DEVELOPMENT CODE REQUIRES FOR A CORNER LOT, UH, FOR, UH, A CORNER LOT.
BUT, UH, WE ARE HAVING DIFFICULTY COMPLYING WITH, UH, THE SF THREE IMPERVIOUS COVER COVER REQUIREMENTS.
UM, A SMALL LOT WOULD NORMALLY HAVE A 65% IMPERVIOUS COVER, BUT WE DON'T NEED THAT.
UM, WE HAVE TRIED, AND I THINK EVENTUALLY WE'LL BE ABLE TO COMPLY WITH A 45%, UH, IMPERVIOUS COVER, EVEN AT A SMALLER, EVEN AT A SMALLER LOT, UH, IN THE FUTURE WHEN WE CAN, UH, RE REDESIGN OR RESURFACE SOME THINGS WE ARE CURRENTLY PLANNING TO TAKE OFF, UH, 55 SQUARE FEET OF CONCRETE THAT WAS ORIGINALLY THERE.
UH, WHEN WE REDO THE, THE BACK THE PORCH IN THE BACK.
[02:20:01]
IT'S GOING TO COME TO US.WE'RE GOING TO SEE IT FIRST BEFORE YOU SEE IT ON YOUR TV.
YOU CAN SEE THE NON-CONFORMING ATTACHED GARAGE CONVERSION, UM, HAS TWO DANGEROUS STEPS THAT WE NEED TO CHANGE.
AND SOME OTHER, UM, CODE ISSUES.
THE SCREEN ENCLOSURE THAT YOU SEE IN THE BACK HAS DANGEROUS STEPS.
I KNOW BECAUSE I FELL DOWN HIM.
UH, WE ARE REMOVING, UM, AN UNPERMITTED SCREEN ENCLOSURE BACK THERE AND, UH, PUTTING IN A DIFFERENT, AND IF YOU'LL MOVE ON TO THE NEXT SLIDE, OUR PROPOSED, UM, CHANGES WOULD INCLUDE WHAT YOU SEE AS THE DECK.
UM, AND THEN AN ACCESSIBLE, UM, SPACE IN THE GARAGE CONVERSION THAT WOULD HAVE THE PLUMBING FIXTURE SIDE RAISED TO THE LEVEL OF THE EXISTING HOUSE.
THE DEVELOPMENT, UM, CODE RESTRICTS US TO ONLY 12 INCHES FROM THE FLOOR TO, UH, THIS, WE NEED AN EXTRA SEVEN INCHES SO THAT WE HAVE AN ACCESSIBLE PATH FROM THE PIER AND BEAM HOUSE INTO THE PLUMBING FIXTURES.
SO I HAVE MOVED THE STEPS, UM, TO THE SIDE AND PROVIDED A LEVEL, UH, FLOOR WITH, UM, MORE ROOM FOR THE, THE BATH AND THE SHOWER.
AND IF YOU MOVE TO THE NEXT SLIDE, YOU'LL SEE, UM, AN ENLARGE PLAN OF THAT NON COMPLYING GARAGE CONVERSION THAT I WOULD LIKE TO CHANGE TO.
YOU CAN SEE THAT THE ELECTRIC PANEL HAS BEEN COVERED UP WITH A DRYER.
UM, I NEED TO, TO CHANGE THAT SO THAT YOU CAN HAVE ACCESS TO THE ELECTRIC PANEL, THE TWO STEPS, UH, THAT ARE NON-CONFORMING TO THE BUILDING CODE, UH, THEY'RE AN EXCESSIVE NINE AND A QUARTER INCHES.
UH, I HAVE TO REDESIGN WITH, UM, AN ACCESS DOWN TO A HALF OF THIS FLOOR THAT WILL REMAIN UNCHANGED.
PEDESTRIAN DOOR WILL BE PUT BACK IN.
CAN YOU JUST HANG ON A SECOND HERE? I'M SURE WE'RE GOING TO HAVE SOME QUESTIONS.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING QUESTIONS.
I'M NOT SEEING ROM BROOKE AUGUSTINA OR NICOLE I'M COMING UP.
I WAS TRYING TO CONSERVE BANDWIDTH.
I DON'T HAVE A BIG ISSUE WITH THIS.
IT'S A PROPERTY HAS BEEN THERE FOR FOREVER.
THEY'RE NOT REALLY DOING ANYTHING BUT TERRIER AND BRINGING IT UP TO CODE UNEXISTING.
UM, I GUESS IT'S A SEPARATE LOOKS LIKE IT'S SEPARATE FROM THE HOUSE, BUT IT DOESN'T HAVE A KITCHEN.
SO IT MUST JUST BE LIKE A GUEST LOCUS QUARTERS.
THIS WAS ALWAYS AN ATTACHED GARAGE WAS BUILT THAT WAY.
AND CURRENTLY, UM, WELL, IT WAS SOLD AS HAVING A THIRD BEDROOM IT'S USED AS AN OFFICE.
UM, BECAUSE THEY HAVE ACCESS TO THE INTERIOR OF THE HOUSE.
IT LOOKS LIKE IT HAS EXTERIOR ACCESS.
WELL, THERE'S THE, CURRENTLY THERE IS ACCESS FROM THROUGH THE KITCHEN.
AND THAT'S THE DOORWAY INTO IT AND THEY CLOSED UP THE GARAGE PEDESTRIAN DOOR THAT WAS IN THE BACK.
AND I PUTTING THAT BACK IN, I THINK THAT'S A LIFE SAFETY ISSUE BECAUSE, UH, EXITING THROUGH THE KITCHEN, UM, IS NOT OH, OKAY.
WELL, I'M GOING TO MOVE TO APPROVE THIS.
IT'S A PRETTY MINOR, UM, JUST A COMPLIANCE ISSUE, MELISSA SECONDS.
ARE WE ALREADY DEVELOPED NOW? I NEEDED TO FINDINGS FINDINGS.
REASONABLE USE ZONING REGULATIONS APPLICABLE TO THE PROPERTY TO NOLA FOR REASONABLE USE BECAUSE THE RESIDENCE HAS BEEN IN THIS CONFIGURATION FOR 70 YEARS AND IS SMALLER THAN THE MORE MAJORITY OF SF THREE NP LOTS IN THE NEIGHBORHOOD.
AS THE MINIMUM LAW FOR SF THREE IS 5,750 SQUARE FEET.
HOWEVER, THE LAW HAS BEEN GIVEN LAND STATUS DETERMINATION UNDER THE 1995 RULE REQUESTS SETBACKS PUT PORTIONS OF THE BUILDING ATTACHED GARAGE CONVERSION AT THE NON-COMPLIANCE OBLIGING THE OWNER TO MODIFY IT IN ORDER TO CORRECT SECTOR AND ACCESSIBILITY STANDARDS.
[02:25:01]
WASTELANDS TO THE HOUSE REQUIRES THE HEIGHT OF THE FIXTURES TO BE HIGHER THAN THE LEFT.12 INCH VERTICAL ALLOW HARDSHIP HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY.
AND THAT BASICALLY IT'S BEEN IN THIS CONFIGURATION FOR 70 YEARS, REMODEL INTERIOR SPACES NEEDED TO SUPPLY A SAFE AND ACCESSIBLE ROUTE TO AN EXISTING BATHROOM AND TO COMPLY WITH CURRENT BUILDING CODES, NO ADDITIONAL SPACE PROGRAM ELEMENTS WILL BE ADDED.
UM, SF FOUR CORNER LOT IS ABOUT 65% IN PREVIOUS COVER, BUT THIS LOT, UM, IS A CORNER LOT.
AND THERE'S ONLY ALLOWED 45% HARDSHIP IS NOT GENERAL FOR THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE HARDSHIP, THE PLOT MAP OF THE NEIGHBORHOOD SHOWS THAT THE RECEPTIVITY OF THE ORIGINAL LAW IS UNIQUE TO THE AREA.
AND THAT THERE ARE A FEW, LOTS THAT ARE BOTH SMALL LOTS AND CORNER.
LOTS MORE OVER THE LOT IS UNIQUE IN THAT IT DOES NOT COMPLY WITH ANY STANDARD RESIDENTIAL ZONING CRITERIA.
AND IT WILL ONLY BE TO THE INTERIOR AND WILL NOT CHANGE THE CHARACTER OF THE RESIDENCE, INCISOR PICS, AND THERE'S NO PARKING OR TRANSPORTATION ISSUES.
YOU'VE GOT YOUR VARIANCE APPROVED, UH, STEPPING AWAY FOR, AS I'M NOT PARTICIPATING IN THE NEXT TWO CASES.
SO YOU GUYS HAVE, I MEAN, THAT'S THOSE KEY MOVING ON.
[D-9 C15-2021-0048 Stephen Drenner for Austin Hedge 35 Borrower, LLC 8300 N IH 35 SVRD SB]
D NINE, THE AGENDA CISA MERCY, 15 20 21 0 0 4.EAT, UH, EAT 300 NORTH I 35 SERVICE ROAD SOUTHBOUND, UH, STEVEN DRAENOR FOR AUSTIN HEDGE 35 BORROWER.
MR. JENNER, ARE YOU THERE, KEITH? UH, YOUR FIRST SLIDE IS UP.
UM, BOARD MEMBERS, I'M STEVE DRAENOR WITH THE DRAENOR GROUP AND, UH, HAPPY TO TALK TO YOU ABOUT THIS PROJECT AND ABOUT THIS, UM, VARIANCE REQUEST.
UM, THIS IS A VARIANCE REQUEST FOR, WITH REGARD TO PARKING NUMBERS.
THIS IS AN UNUSUAL, UH, CONVERSION OF A HOTEL INTO A MULTIFAMILY PROJECT THAT IS A DEEPLY AFFORDABLE.
UM, IT WOULD APPEAR THAT, UH, MOST LIKELY A HUNDRED PERCENT OF THE UNITS WE'LL ACHIEVE SOME LEVEL OF AFFORDABILITY.
WE HAVE A RESTRICTIVE COVENANT THAT REQUIRES AT LEAST HALF THE UNITS TO BE AFFORDABLE BY FOLKS EARNING 60% OR BELOW OF MEDIAN FAMILY INCOME.
UM, THE, THE PROJECT, IF YOU COULD GO TO THE NEXT SLIDE IS LONG I 35.
AND, UM, I'LL SHOW YOU A COUPLE OF PICTURES.
ARE YOU SAYING SLIDES MOVE HER? THERE'S ABOUT A 32ND DELAY BETWEEN WHEN WE SEE IT, AS IT SHOWS UP ON YOUR SCREEN.
SO WHEN YOU SAY MOOKY, HE'S CHANGING IT.
UM, SO YOU'LL SEE THE, UM, WHAT MIGHT BE FAMILIAR TO SOME OF YOU 35 FOR A LONG TIME.
AND, UM, AND THIS IS LIKE CONVERSION FROM, UM, AGAIN, HOTEL TO MULTIFAMILY.
THE ISSUE IS WE HAVE A, OBVIOUSLY A DEFINED PROJECT AS A HOTEL, UH, THAT, UM, AND TRYING TO KEEP THE LEVELS OF AFFORDABILITY, TRYING TO MAXIMIZE THE NUMBER OF UNITS, UH, WITHOUT DOING, UH, WITHOUT HAVING TO TAKE AWAY UNITS.
UH, AND THE ONLY WAY TO EXPAND THE PARKING WOULD BE TO GO OFF SITE.
[02:30:02]
SO THE REQUEST IS FOR A, UH, 18% REDUCTION, 44 SPACES IN THE NUMBER OF UNITS THAT CURRENT CODE WOULD PROVIDE.THE, UM, AS, AS YOU WOULD KNOW, UH, OUR CODE, UM, IS AT BEST, SOMEWHAT ANTIQUATED WITH REGARD TO PARKING REQUIREMENTS.
AND WE'VE SEEN THAT WITH OUR CURRENT CODE, AS ADJUSTMENTS WERE MADE FOR THINGS LIKE DOWNTOWN PARKING, UH, AFFORDABILITY, UNLOCKED, PARKING REQUIREMENTS, HISTORIC PARKING REQUIREMENTS.
AND WE SAW IN THE DRAFTS OF THE NEW CODE, A RADICAL CHANGE IN PARKING REQUIREMENTS, IF, AND WHEN THAT NEW CODE EVER SEES THE LIGHT OF DAY AGAIN.
SO, UM, THIS, UH, GIVEN THE TYPE OF PROJECT THAT IT IS, WE REALLY FEEL LIKE WHAT WE HAVE IS A PARKING REQUIREMENT THAT WILL EITHER REQUIRE US BECAUSE IT'S COSTLY TO, UH, DELETE THE NUMBER OF UNITS IN ORDER TO COME TO ALLOW THE ONSITE PARKING TO SUPERVISE, OR WE HAVE TO RAISE RANTS IN ORDER TO THE ADDITIONAL LAND THAT WOULD BE REQUIRED FOR PARKING.
SO, UH, NEITHER ONE OF THOSE SEEM JUSTIFIED, UM, AND IN THE BEST INTEREST, NOT ONLY OF THE PROJECT, BUT, UH, OF WHAT WE'RE TRYING TO ACCOMPLISH AS A CITY AND PROVIDING THIS TYPE OF AFFORDABILITY.
UM, THIS IS, UH, I THINK A CREATIVE SOLUTION FROM A AFFORDABILITY STANDPOINT, BUT TO TACK ON AN ADDITIONAL COST, UH, IN ORDER TO DRIVE PARKING THAT FRANKLY, UH, OUR NUMBERS WOULD SUGGEST, WOULD NOT BE UTILIZED, UH, SEEMS TO BE PUSHING THINGS IN THE WRONG DIRECTION.
THERE IS A, UM, FOR THE FINAL SLIDE, WE'LL REFLECT OUR, OUR THREE CHOICES.
UH, ONE IS TO, UM, TO REQUEST THIS VARIANCE AND HOPEFULLY OBTAIN THE VARIANCE, ALLOWING PRICING TO STAY WHERE IT IS AND, AND ALLOWING THE NUMBER OF UNITS TO STAY WHERE THEY ARE.
THE NEXT OPTION WOULD BE TO UTILIZE THE, UH, JASON PARKING, WHICH WOULD, UM, ALLOW US TO KEEP THE NUMBER OF UNITS, BUT WOULD REQUIRE AN INCREASE IN, YOU COULD SKIP ALL THE WAY TO THE CHART THAT SHOWS OPTION A, B AND C.
AND THEN THE THIRD OPTION WOULD BE TO, UH, KEEP THE PARKING THAT'S ON SITE, BUT THEN ALSO, UH, BE IN A SITUATION WHERE WE HAVE TO REDUCE ARTIFICIALLY REDUCE THE NUMBER OF UNITS SO THAT WE CAN COMPLY WITH CODE PARKING WITHIN CLEARLY THE, UH, GIVEN THE MAKEUP OF THE SITE AND WHAT WE'RE TRYING TO DO FROM A CONVERSION STANDPOINT, THIS IS TOTALLY UNIQUE TO THE AREA.
AND WE BELIEVE THAT THE HARDSHIP, UH, IS TRYING TO MATCH THE NUMBER OF UNITS WITH THE, UH, WITH CODE PARKING AND, AND, AND THAT LAST SLIDE REFLECTS THOSE THREE CHOICES.
I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING BOARD MEMBER LAYTON BARWELL YEAH, SO I HAD A COUPLE OF QUESTIONS.
HOW CLOSE IS THIS TO ANY GRANTED? I'M SORRY, HOW CLOSE IS THIS TO ANY TRANSITS? UH, THE TRANSIT IS, IS BASICALLY, UH, TO THE WEST.
UM, THERE IS A, UH, THERE IS A LINE THAT HAS BEEN REVISED THAT IS, UH, ALONG GEORGIAN, UH, UH, STREET TO THE WEST.
I SEE IT ON THE AREA OF CHARACTER.
AND THEN, UM, IF THERE, SO FOR, OR LOWER INCOME PEOPLE, THEY'RE OFTEN MORE CAR DEPENDENT IN SOME WAYS, ESPECIALLY IF THEY'RE NOT VERY CLOSE TO TRANSIT.
UM, AND, AND SO, YOU KNOW, THEY MAY HAVE, UH, SO EVERYBODY MAY IN FACT HAVE A CAR HERE, IF IT IS UNDER PARKED, WHERE DO THE EXTRA CARDS GO? WHAT WOULD BE THE CLOSEST THING? WOULD IT BE ON THE STREET THAT CONNECTS THE GEORGIAN? UH, GREAT QUESTION.
SO WHAT, WHAT WE'RE TRYING TO DO IN, UM,
[02:35:01]
IN EVALUATING THE NEW COMMUNITY THAT WILL LIVE HERE IS, IS TO DETERMINE, UH, HOW MANY FOLKS WILL BE A ONE CAR FAMILY.HOW MANY WILL BE WE'LL, WE'LL UTILIZE TWO CARS.
AND OUR BELIEF IS THAT WE CAN SET UP SOME ALTERNATIVE PROGRAMS TO HELP THE FOLKS THAT, UH, WOULD EITHER DO NOT HAVE A CAR OR WOULD HAVE A SECOND CAR AND WOULD NEED AN ADDITIONAL PLACE TO PARK.
SO PRIMARILY WHAT WE ARE FINDING IS WE'RE MORE LIKELY TO BE DEALING WITH FOLKS THAT DON'T HAVE A CAR AND NEED SOME SORT OF SHUTTLE SITUATIONS IN ORDER TO MAKE SOMETHING WORK.
UH, BUT THAT, THAT WOULD BE THE OPERA.
THAT WOULD BE THE, UH, THE DESIRE RATHER THAN JUST PROVIDING A PARKING PLACE, FOR INSTANCE, THAT THAT MAY GO UNUSED ALMOST ALL THE TIME.
DO YOU HAVE THAT CODIFIED SOMEWHERE? SO THAT THEY'D BE PART OF THE MOTION HERE OR, UH, I DO NOT, BUT WE, WHAT WE HAVE IS, UM, AN ONGOING SITUATION WHERE WE'RE ONE OF THE THINGS THAT HAS NOT OCCURRED IN MY OPINION, UH, IN THE COMMUNITY THAT NEEDS TO OCCUR IS MORE ENTRY LEVEL DISCUSSIONS ABOUT WHAT, YOU KNOW, WHAT IS IT THAT A PERSON WHO WILL LEASE IN THIS AREA NEEDS, AND THAT'S AN ONGOING SITUATION.
SO WHAT WE'RE TRYING TO DO IS TO HAVE THAT DISCUSSION, FIGURE OUT HOW OUR PRESENT PARKING ACHIEVES THAT, AND IF WE HAVE THE NEED AND ONLY IF WE HAVE THE NEED, THEN WE WOULD PROVIDE, UH, ACCESS TO ADDITIONAL PARKS.
UM, ON THIS, I KNOW THAT, UM, NOT ALL OF THIS IS AFFORDABLE AND YOU'RE TALKING ABOUT THE PEOPLE, YOU KNOW, ONLY A PORTION OF THE PEOPLE THAT ARE GOING TO THAT ARE SO-CALLED LESS INCOME.
IT MIGHT NOT HAVE A CAR WHERE THE REST IS GOING TO BE MARKET, AND IT COULD BE TWO CAR FAMILIES, UM, EASILY.
SO, UM, THAT'S ARGUMENT IS KIND OF ODD TO ME.
PLUS YOU CAME TO US BEFORE AND YOU PROMISED THAT YOU WOULD PARK THIS PROJECT.
UM, AND, AND NOW YOU'RE COMING BACK FOR A PARKING VARIANCE.
UM, YOU HAVE SOME VERY STRONG POSITION FROM THE NEIGHBORHOOD ASSOCIATION AND THERE'S NO NEARBY ON STREET PARKING.
AND I DON'T THINK THERE'S ANY NEARBY, YOU KNOW, WITHIN, OTHER THAN WALKING DOWN I 35 ACCESS ROAD ACCESS TO PUBLIC TRANSPORTATION.
THERE'S NO SURFACE STREETS TO, TO PUBLIC TRANSPORTATION OTHER THAN 180 3 OR
SO, SO, UH, BOARD MEMBER, LET ME CORRECT YOU ON ONE THING, WE HAVE A RESTRICTIVE COVENANT THAT REQUIRES 50% OF OUR UNITS TO BE AFFORDABLE AT 60% OF MFI BELOW REMAINDER OF OUR UNITS WILL ALL PROBABLY BE AFFORDABLE.
I DON'T THINK THAT YOU'RE LIKELY TO HAVE WHAT YOU WOULD CALL MARQUIS UNITS WITHIN THE PROJECT.
UM, SECONDLY, NOT LIKELY AT ALL.
I THINK EVEN IF, UH, EVEN IF THE DEVELOPER SAID, GEE, I'VE GOT TO ACHIEVE THAT, UM, THIS IS NOT THE KIND OF PRODUCT THAT, UH, IS, IS GOING TO PRODUCE THAT SORT OF REVENUE.
AND, UM, WHAT WE, I DO NOT VIEW ON STREET PARKING AS AN EXCEPTABLE BACKUP PLANS.
SO YOU ARE CORRECT IN TERMS OF THE LACK OF ON STREET PARKING IN THE GENERAL AREA, BUT WE WILL HAVE TO DO, IF WE FIND THAT WE HAVE A PARKING SHORTAGE IS WE'RE GOING TO HAVE TO PROVIDE, UH, SOME X, DEPENDING ON WHAT THE MIX IS AT THAT PARTICULAR TIME, WE'LL HAVE TO PROVIDE SOME ADDITIONAL AREAS.
BUT TO ME, THAT'S A BETTER OPTION THAN TO PROVIDE THAT THIS, THAT WE HAVE TO LEASE THESE ADDITIONAL SPACES AT COSTS THAT WILL THEN DRIVE THE DRIVE, THE PRICING UP FOR THE, THAT YOU WOULDN'T HAVE TO, BECAUSE IF YOU GET THE BARRACKS, YOU WON'T HAVE TO PROVIDE ADDITIONAL PARKING.
I DON'T BELIEVE THAT THERE'S A GOOD OPTION.
A, THE VARIANCE IS DENIED AND THEREFORE WE MUST PROVIDE THE ADDITIONAL PARKING AND THEREFORE WE'VE DRIVEN PRICING FOR SPACES THAT FRANKLY I DON'T THINK WILL BE USED.
UH, EITHER MR. FENNER, OUR LANE IS THAT RESTRICTIVE COVENANTS IN THE BACKUP, SO I JUST MISS IT.
[02:40:01]
UH, BOARD MEMBER MCDANIEL.STEVE, STEVE, THANKS FOR COMING TONIGHT.
THIS IS IN FRONT OF ME IN TWO OR THREE DIFFERENT CONDITIONS.
SO WHAT I'M ABOUT TO SAY WILL BE A SURPRISE.
NUMBER ONE, I AGREE WITH YOU THAT IT'S A SHAME.
WE DON'T HAVE A MORE COMMON DATING CODE.
NUMBER TWO, I DO NOT LIKE CERTAIN ASPECTS OF THE PARKING MINIMUMS THAT PERTAIN TO MULTI-FAMILY PARKING LOTS.
NUMBER THREE, I AGREE WITH YOU IN MANY ASPECTS AMONG THEM, THE NEED FOR AFFORDABLE HOUSING AND THE LIKELIHOOD THAT THIS PRODUCT WILL NOT BE ABLE TO, UH, EXCEED, UH, YOU KNOW, WHAT WE WOULD CONSIDER TO BE PROGRAMMATICALLY AFFORDABLE LIMITS THAT EVEN IN PRACTICE, IF YOU DIDN'T HAVE THE, UH, THE, THE COVENANT THAT YOU WOULD BE ON LIKELY TO BE TAKING ON PEOPLE THAT ARE OVER 80 OR 90% OF MFI, KNOWING WHAT MFI IS AS IT RISES, AS WE DRIVE OUR WORK IN CLASS, OUT OF AUSTIN WITH A HOUSING SHORTAGE, ALL THAT BEING SAID, UM, WHEN I READ YOUR HARDSHIP, YOU KNOW, WHAT YOU'RE TALKING ABOUT IS ESSENTIALLY CAUSED A LOT OF ABILITY OR OF YOUR, OF YOUR PROJECT.
AND AS MUCH AS I HATE TO SAY IT, THERE ARE ALL KINDS OF NEGATIVE SOCIAL CONSEQUENCES OF HAVING A LAND USE CODE FROM 1984, THAT DOESN'T REFLECT THE REALITY OF THAT HOUSING SHORTAGE.
AND, AND I'M NOT SEEING IN YOUR ARGUMENT RIGHT NOW, ANYTHING THAT WOULD ALLOW ME TO VOTE FOR IT, OTHER THAN JUST MY PREFERENCE THAT I THINK THE LAW IS BAD, THEN IT SHOULDN'T BE CHANGED.
AND I DO THINK THE LAW IS BAD, AND I DO THINK IT SHOULD BE CHANGED.
WE ARE A WEEK AWAY FROM CHANGING IT LAST YEAR.
AND WE COULDN'T BECAUSE THE JUDGE SAID WE COULDN'T ALL THAT BEING SAID, YOU KNOW, WHAT I'D LIKE TO DO IS OFFER YOU, I DUNNO IF THERE'S SUPPORT FOR, I'M GOING TO CHANNEL MY INNER MICHAEL OLIN HERE, I'M GOING TO OFFER YOU A MOTION FOR POSTPONEMENT.
I MAY OR MAY NOT HAVE THE SUPPORT FOR IT, BUT I WILL MAKE A MOTION TO POSTPONE AND SEE IF YOU CAN GET BACK WITH A, WITH A BETTER, UH, HARDSHIP, BECAUSE AS IS, IF WE VOTE TONIGHT, I CAN'T, UH, SEE WAY TO SUPPORT IT AND IT WOULD TURN MY STOMACH TO VOTE AGAINST IT.
UM, AND I WILL, IF THE BOARD WILL ALLOW ME, I WOULD LIKE AN OPPORTUNITY TO COME BACK.
I WOULD LIKE TO SPELL OUT PERHAPS IN MORE DETAIL AND IN SOMETHING THAT WOULD BE REFLECTIVE OF THE PROCESS THAT I HAVE DESCRIBED ON HOW WE WILL TAKE CARE OF ADDITIONAL PARKING NEEDS FROM TIME TO TIME AS THEY COME UP.
SO, UH, I WOULD APPRECIATE THAT OPPORTUNITY, UH, BOARD MEMBER.
I WOULD SUPPORT A CONTINUANCE.
ONE OF THE THINGS THAT I WOULD BE LOOKING FOR, AND I THINK MR. GREENER JUST ADDRESSED IT IS SOMETHING A LITTLE MORE FORMAL, LIKE AN AGREEMENT WOULD THAT ADJOINING LAND LANDOWNER, UH, THAT ADDRESSES, YOU KNOW, THE, THE CONTINGENT, OF COURSE THEY WOULD BE CONTINGENT ANY SORT OF CONTINGENT PARKING REQUIREMENTS THAT MIGHT COME UP.
UM, AND I KNOW THAT THAT'S JUST ONE PART OF THIS FOR BOARD MEMBER MCDANIEL, BUT I THINK THAT'S AN IMPORTANT PART OF THIS.
UH, YOU KNOW, I THINK THAT, THAT BEING ABLE TO SHOW THAT, UH, AND BEING ABLE TO SHOW WHAT IS, WHAT IS BEING BROUGHT TO THE COMMUNITY, I THINK GOES A LONG WAY IN, IN TRYING TO GET THESE SORT OF VARIANCES PASSED.
AND IF I COULD ADD THIS ON TO THE VARIANTS, ONE OF THE THINGS THAT I WOULD BE LOOKING AT ALSO IN ADDITION TO A BETTER HARDSHIP, UH, STEVE, JUST TO BE PERFECTLY HONEST WITH YOU IS I AGREE WITH COMMISSIONER BAILEY.
UM, I THINK THERE'S A VERY HIGH RISK THAT IS CURRENTLY DESIGNED WITHOUT SOME KIND OF MITIGATION PLAN THAT ADDITIONAL CARS WOULD WIND UP PARKED AT.
I KNOW THAT AREA VERY WELL, EITHER AT WOODLAND HEIGHTS APARTMENTS TO THE NORTH, WHICH IS NOT ACCESS CONTROLLED AT LAMERE OR RESTAURANTS IN THE SOUTH, WHICH IS NOT ACCESS CONTROLLED WORTH THE RED ROOF INN BEHIND LA MARIA, WHICH IS ALSO NOT ACCESS CONTROL.
I THINK, YOU KNOW, I, I LIKE WHAT YOU'RE DOING AND I'M NOT A BIG FAN OF PARKING MINIMUMS AT THE SAME TIME.
I WOULD HATE TO CREATE A PROBLEM FOR THE RESIDENTS OF THE OTHER APARTMENTS OR THE PEOPLE TRYING TO GO TO THE RESTAURANT WHERE THE PEOPLE AT THE OTHER HOTEL WHO ALSO HAVE THEIR OWN DISCRETE NEEDS.
UH, SO, UH, I WOULD, I WOULD HOPE TO GET SOME KIND OF, UM, CLARITY ABOUT THAT AS WELL.
YOU KNOW, WHEN WE SEE IT AGAIN, YOU BET YOUR POINT'S WELL TAKEN.
AND, AND IF I COULD JUST BORROW BOARD MEMBER MCDANIEL'S SOAPBOX FOR A MINUTE, USUALLY WHEN I HEAR THE WORD AFFORDABLE BEFORE THE BOARD, IT'S A BUZZWORD THAT PEOPLE TEND TO THROW AROUND WITHOUT PUTTING ANY REAL SUBSTANCE BEHIND IT.
SO, UH, WE DID CHECK THE RESTRICTED COVENANT ISN'T IN THE BACKUP.
SO IF YOU COULD PLEASE MAKE SURE TO GET THAT BECAUSE TO ME THAT THAT'S PROOF POSITIVE THAT YOU'RE STANDING BY YOUR WORD AND THAT'S SOMETHING I WANT TO SEE.
[02:45:02]
THIS IS A TOUGH SELL FOR ME TOO.I REALLY, REALLY, REALLY, REALLY WANT TO SAY YES TO IT SIMPLY BECAUSE I THINK THIS IS ONE OF THOSE CASES WHERE DUMPSTER REALLY WOULD HELP.
BUT I MEAN, UNFORTUNATELY WE'RE TIED.
SO WHERE THE LAND DEVELOPMENT CODE IS WRITTEN.
SO TO AGREE WITH, I THINK MOST OTHER BOARD MEMBERS, I'M DEFINITELY GOING TO NEED TO SEE JUST A LITTLE BIT MORE OF A HARDSHIP.
IT DOESN'T MEAN FOR ME EVEN TO HAVE TO BE THAT FAR, JUST STRETCH IT A LITTLE AND I'M THERE WELL, INCLINED TO SIGN OFF ON THIS.
ANY OTHER QUESTIONS? COMMENTS, BOARD MEMBERS MIGHT GIVE SOME REALLY DETAILED INFORMATION ON WHERE THE NEAREST PUBLIC TRANSIT AND HOW PEOPLE CAN SAFELY SAFELY WALK FROM THIS PROJECT TO A PLACE TO CATCH PUBLIC TRANSFER, BECAUSE THAT'S HOW YOU HAVE LESS PARKING AS YOU HAVEN'T GOOD INFRASTRUCTURE THAT ALLOWS PEOPLE.
I MEAN, AND ALSO IF THERE'S ANY BIKE LANES OR ANYTHING LIKE THAT, THAT WOULD ALLOW PEOPLE TO USE SOMETHING ALTERNATIVE TO THEIR CAR, BECAUSE I'M NOT SEEING THAT AT, AT THIS LOCATION, IT'S JUST A VERY DIFFICULT HIGH SPEED LOCATION FOR PEDESTRIANS.
SO IF YOU CAN SHOW SOME OF THAT AND GET ME ON BOARD WITH THAT PART OF IT, I THINK THE AFFORDABILITY, I MEAN, OBVIOUSLY WE NEED PROJECTS LIKE THIS, BUT, BUT NOT AT THE, LIKE, NOT AT SOME OF THE COSTS THAT MAY THE UNINTENDED CONSEQUENCES OF IT.
SO IF YOU COULD PROVIDE THAT, UM, THAT WOULD GO A LONG WAYS WITH ME.
SO, UH, THERE DOESN'T APPEAR TO BE ANY TREES IN THE PARKING LOT THAT ARE REQUIRED UNDER LANDSCAPE ORDINANCE.
WERE YOU EXEMPT FROM THAT? YEAH, THE, UH, SO FORTUNATELY GIVEN THE TYPE OF CONVERSION, WE WOULD NOT BE REQUIRED TO, UM, TO DO MORE THAN WHAT THE ORIGINAL PROJECT WAS, WAS REQUIRED TO DO.
SO THE POOR PEOPLE DON'T GET THEIR SHADE TREES ON THEIR CARS, SO GOT IT.
YOU DON'T SEE FILTER QUESTIONS.
THIS IS A MOTION TO POSTPONE TO JULY 12TH, BUT ONE MEMBER MCDANIEL'S SECONDHAND BY, UM, FOUR MEMBER LIGHTENED BURWELL, UH, TERRY WALLER.
BUT IT'S POSTPONED TO JULY 12TH.
JUST A REMINDER FOR THE BOARD MEMBERS.
WE'RE NOW AT 14 CASES FOR NEXT MONTH.
BEFORE YOU MOVE FORWARD ON THAT, I JUST WANTED TO CLARIFY WITH LEE, I BET THE POSTING, IT SAYS 15% REQUIRED, 2.15, EIGHT, 7%.
AND I THINK IT SHOULD BE 15.8, 7%, UH, REQUESTED.
AND I JUST WANT YOU TO BE SURE THAT THAT WAS TO NOT GOING TO BE A POSTMATES.
AS LONG AS WE MENTIONED THAT IN THE RECORD TONIGHT, I THINK WE'LL BE FINE.
[D-10 C15-2021-0049 Perry Hunt for Amias Maldonado and Lena Banks 1025 Ellingson Lane]
OKAY.THIS IS ITEM D 10, THE AGENDA, UH, 4 1 0 2 5 ELLINGSON LANE, PERRY HUNT FOR
ARE YOU ONLINE? THIS IS MIKE WATSON.
I'M SPEAKING ON BEHALF OF PERRY HUNT AND THE PROPERTY OWNERS.
SUPER MR. WATSON, ARE YOU READY TO PRESENT? OKAY.
THANK YOU SO MUCH, UH, TO THE BOARD FOR YOUR TIME AND CONSIDERATION.
AS I MENTIONED, UM, I AM SPEAKING ON BEHALF OF THE PROPERTY OWNERS, UM, AMEA, SELENA MALDONADO, AND I REQUEST
[02:50:01]
A VARIANCE REQUEST IS TO INCREASE THE FLORIDA AREA RATIO OF THE SECONDARY APARTMENT, UM, TO BE INCREASED FROM 15.8, 7% OR 15% TO 15.8, 7%.UM, THE, UM, THE SECONDARY APARTMENT ALLOWANCE UP TO 1100 SQUARE FEET, UM, OR 0.15, WHICHEVER IS SMALLER.
UM, WOULD LIKE TO NOTE ALSO THAT THE TOTAL PROPOSED PROJECT DOES MEET THE CODE REQUIREMENTS OF A 0.4, UH, ALLOWABLE FAR, AND WE'VE REDUCED THE PROPOSED PRIMARY STRUCTURE ACCORDINGLY TO, UM, ENABLE US TO, TO KEEP THE EXISTING STRUCTURE AS BUILT.
AND THAT'S THE PRIMARY REASON FOR OUR VARIANCE REQUEST.
UM, THAT PROPERTY WAS CONSTRUCTED IN 1957 AND, UM, IS POSITIONED AS YOU'LL SEE IN THE, UH, IN THE BACKUP PACKET, UM, PER THE AS-BUILT SURVEY, UM, UH, IN THE REAR OF THE HOME AND THE REAR OF THE LOT PRETTY UNIQUE TO THIS COMMUNITY WHERE MOST OF THE VAST MAJORITY OF THE EXISTING STRUCTURES ARE POSITIONED, UH, NEAR, UH, THE FRONT, UH, BUILDING SETBACK.
AND SO AS SUCH THE HOPE AND THE GOAL OF THE PROJECT WAS TO, UM, HAVE THE EXISTING STRUCTURE SERVE AS A SECONDARY APARTMENT AND TO BUILD A PRIMARY STRUCTURE.
UM, SO WE'RE ASKING FOR THE ADDITIONAL 0.8, 7%, UH, OR 0.8, SEVEN INCREASE IN, UH, ALLOWABLE FAR, WHICH EQUATES TO APPROXIMATELY 56 SQUARE FEET, UM, IN LIEU OF HAVING TO REDUCE, UH, THE SIZE AND SCOPE AND PURPOSE AND FUNCTION OF THE EXISTING STRUCTURE.
SUPER LET'S GO AHEAD AND CLOSE PUBLIC HEARING.
DO WE HAVE ANY QUESTIONS? OKAY.
BOARD MEMBER LAYTON BARWELL YEAH, SO I MEAN, THIS IS IN THE BACKUP, BUT, UH, WHEN WAS THE, UH, ADU IN THE BACK CONSTRUCTED? IT WAS NOT
WE ARE, WE ARE ALLOWED TO HAVE THAT UNIT SERVE AS THE SECONDARY APARTMENT, UM, IN PURSUING CONSTRUCTION OF THE PRIMARY RESIDENCE.
SO YES, THE EXISTING STRUCTURE THAT WILL IN TURN BECOME THE SECONDARY APARTMENT, UH, WAS CONSTRUCTED IN 1957.
DOES THAT ANSWER IN THE BACK, RIGHT? YES, SIR.
AND THE SURFER IN THE FRONT IS EXISTING OR NOT? NO, SIR.
IT WILL BE NEW CONSTRUCTION, SO IT IS NOT IN PLACE YET, SO WE'LL WORK WITH IT.
WE'VE WE REDUCED THAT PROPOSED STRUCTURE BY THAT 5,600 SQUARE FEET TO BE IN COMPLIANCE WITH THE 40% ALLOWABLE.
I'LL MAKE A MOTION TO APPROVE A SECOND.
HAWTHORNE'S SECOND BOARD MEMBER BAILEY TO APPROVE.
I DON'T KNOW IF WE NEED TO CLOSE THE PUBLIC HEARING, BUT I DO HAVE ONE QUESTION.
WOULD YOU NEED TO CLOSE THE PUBLIC HEARING? SO LET'S CLOSE THE PUBLIC HEARING AND GO AHEAD.
FOR THE EFFICACY, IS THERE ANY NEIGHBORHOOD ASSOCIATION IN THIS AREA THAT YOU'VE SOUGHT INPUT FROM? UH, WE HAVE NOT SOUGHT ADDITIONAL INPUT FROM THE NEIGHBORHOOD ASSOCIATION.
UM, WE HAVE HAD SOME JUST GENERAL CONVERSATIONS OR THE MALDONADO'S HAVE HAD GENERAL CONVERSATIONS WITH THEIR NEIGHBORS.
THEY'VE, THEY'VE RESIDED IN THE COMMUNITY FOR MANY YEARS AND HOPE TO DO SOME IMPORTANT AND HAVE FAVORABLE RESPONSE FROM, FROM THEIR NEIGHBORS, BUT, UH, NO FORMAL, UM, APPROVAL OR ADVOCACY FROM A NEIGHBORHOOD GROUP WHO IS THE NEIGHBORHOOD ASSOCIATION THAT THIS LOCATION'S IN, WHATEVER ASSOCIATED, UM, I'M PERSONALLY DON'T KNOW.
UM, I COULD, UM, I'VE GOT, UH, I COULD PROBABLY VERIFY IT HERE MOMENTARILY, BUT SHE'S SO INCLINED.
[02:55:01]
IT'S THE HANCOCK NEIGHBORHOOD PROMPTING COCK.HOW ACTIVE ARE THEY? BECAUSE I'M SURPRISED THAT THERE HAS NOT BEEN SOME SORT OF INTERACTION WITH THIS PERSON IN THIS APPLICANT AND THE EMPLOYER ASSOCIATION QUESTION.
UM, I HAVEN'T RECEIVED ANYTHING FROM THEM, UH, OPPOSITION OR SUPPORT.
SO I GUESS THEY'RE NOT VERY ACTIVE.
UM, USUALLY, YOU KNOW, THE NEIGHBORHOODS THAT ARE REACH OUT TO ME RIGHT AWAY.
AND THIS IS OUR, THIS IS OUR POSTPONED HEARING DATE AS WELL.
SO WE'VE CERTAINLY HAD, I KNOW, NOTICES WENT OUT AND HAD, UH, CERTAINLY A LOT OF TIME HERE FOR, FOR FOLKS TO WEIGH IN.
BUT, UM, AS FAR AS, MAYBE MORE SO OPPOSITION, BUT, UM, YEAH.
ZONING REGULATIONS, APP OF A PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS ZONING REGULATIONS, UH, BECAUSE THEY DON'T CONSIDER AN EXISTING STRUCTURE AND IT IS NOT COMMON FOR AN EXISTING STRUCTURE TO BE BUILT THIS FAR BACK ON THE PROPERTY THAT IT COULD ACTUALLY BE CONSIDERED THE SECONDARY UNIT AND THAT I, TO REUSE THE STRUCTURE FROM 1957, UH, CURRENTLY THAT WITH THE 966 SQUARE FOOT LIMIT, YOU KNOW, 50 YEARS LATER IS KIND OF ODD HARDSHIP FOR WHICH THE VARIANCES REQUEST IS UNIQUE TO THE PROPERTY.
IN THAT WITH THE LOT SIZE, THE ADU IS LIMITED TO 966 SQUARE FEET.
WHEN TYPICALLY IT WOULD BE A LITTLE LARGER AND THAT, THAT HOME, AS IT EXISTS ON THE BACK OF THE PROPERTY, IT IS ACTUALLY PRETTY UNIQUE.
THE HARDSHIP IS NOT GENERAL THE AREA IN WHICH THE PROPERTY IS LOCATED.
THERE, THERE AREN'T ANY HOMES IN THE DIRECT AREA THAT ACTUALLY ARE IN THE SAME CONFIGURATION.
THE VARIANCE WILL NOT ALTER THE CHARACTER IN WHICH THE PROPERTIES LOCATED WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE ZONING REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE PROPERTY WILL CONFORM TO A POINT FOR FAR OVERALL.
UH, EVEN THOUGH THERE'S A SLIGHT AMOUNT OF SQUARE FOOTAGE, MORE IN THE EXISTING STRUCTURE.
AND SO THEREFORE, AS A OVERALL, THE SIDEWALK WILL COMPLY TO A POINT FOR FAR.
JESSICA TROUBLE GETTING THE NEW BUTTON.
WE APPRECIATE YOUR TIME AND CONSIDERATION.
[D-11 C15-2021-0051 Peter Pevoto 106 and 108 Comal Street]
D 11, THIS WILL BE FOUR C 15 20 21 0 0 5 1 1 0 6 AND 1 0 8 CANAL STREET.UH, PETER
LET'S GO AND GET YOUR PRESENTATION PULLED UP.
UH, THANKS AGAIN FOR YOUR TIME TONIGHT.
UM, A LITTLE BACKGROUND ON ME, I WORKED FOR A, A HOME BUILDER HERE IN AUSTIN FOR ABOUT SIX YEARS DOING PERMITTING ENTITLEMENT, UM, ACQUISITION.
AND, UH, FOR THE PAST THREE YEARS HAVE STARTED CONSTRUCTING NEW HOMES, DOING REMODELS AROUND AUSTIN.
AND, UM, I'VE ACTUALLY NEVER COME ACROSS A BOARD OF ADJUSTMENT PANEL.
SO THIS IS MY FIRST TIME AND IT JUST HAPPENS TO BE ON THIS HOUSE THAT I'M BUILDING FOR MY OWN PRIVATE RESIDENCE.
[03:00:01]
THANK YOU.I'M ACTUALLY, UH, FINALLY THAT TIME I'M GETTING MARRIED IN DECEMBER, AND SO, UH, I HOPE TO HAVE THIS BUILT AND FOR ME AND MY WIFE TO MOVE IN THE NEXT YEAR, UH, WHICH IS VERY EXCITING THIS LOT, HOWEVER, IS, UM, VERY UNIQUE.
THERE'S NO OTHER LOTS THAT FACE COME ALL STREET.
UM, MOST OF THE, MOST OF MY NEIGHBORS ARE USING FRONT SETBACK AVERAGING.
UM, BUT BECAUSE THERE'S NO OTHER HOUSES THAT FACE KOMAL, I'M NOT ABLE TO UTILIZE THAT.
UM, SO WHAT I'M ASKING BASICALLY IS THAT I CAN MIMICS THE ONLY FEW RESIDENTIAL HOUSES ON MY BLOCK AND ACTUALLY FOR AROUND SIX OR EIGHT BLOCKS FROM WHERE THIS IS LOCATED, BECAUSE IT'S MAINLY COMMERCIAL ALL AROUND THIS, THIS PROPERTY, UM, WHICH WOULD BE 15 FEET ON THE WEST SETBACK OR ON THE, ON THE EAST, FROM THE STREET ON KOMAL AND THEN FIVE FEET ON THE WEST SETBACK FROM THE NEIGHBORS.
UM, SO THE ONLY OTHER NEW CONSTRUCTION OR CONSTRUCTION ON THIS PART OF TOMO MALL, IT WOULD FIT IN LINE WITH THAT.
UM, AND I JUST BECAUSE THE LOT'S ONLY 50 FEET WIDE OR 50 FEET DEEP BY 75 FEET WIDE, IT WOULD BE ALMOST IMPOSSIBLE TO ADHERE TO A, A 15 OR 25 FOOT SETBACK OFF THE FRONT AND A 10 FOOT SETBACK SETBACK OFF THE REAR WHILE ALSO ALLOWING FOR TWO PARKING SPACES ON THE PROPERTY, BECAUSE THIS PORTION OF THE STREET, UH, STREET PARKING IS JUST NOT POSSIBLE.
INCLUDED SOME PRELIMINARY PLANS.
UH, THINK THEY'RE IN THE ADVANCED PACKET IN THE FIRST, THE FIRST PART OF THE ADVANCED PACKET.
UM, SO YOU CAN LOOK AT THOSE AS WELL.
YOU STILL HAVE TWO MINUTES IF YOU'D LIKE TO ADD ANYTHING.
UM, LET'S I GUESS THAT'S ALL I REALLY HAVE.
IT'S KIND OF ODD TALKING TO A PHONE AND A PANEL.
THAT'S 30 SECONDS BEHIND ME, BUT, UM, I'M HAPPY TO ANSWER ANY QUESTIONS AND TAKE UP AS LITTLE TIME AS POSSIBLE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND QUESTIONS ON MEMBER LAYTON.
SO MS.
WELL, THE WEST SIDE IS FACING THE COURSE COME OUT ON THE WEST SIDE, ACCORDING TO THE NORTH AREA WITH PACING PORTS PER MILE.
AM I TURNED AROUND HERE? I'M SORRY.
I'M JUST LOOKING AT THE, THE ONE IN HERE.
IT ACTUALLY, PROBABLY SO COMO, UH, RUNS NORTH SOUTH, AND I'M ACTUALLY ON THE WEST SIDE OF KOMAL.
SO IT WOULD BE THE WEST WEST, THE BA YOU'RE CALLING THE BACK OF THE SITE.
THAT'S PROBABLY MY FARTHEST AWAY FROM PROMO.
AND THAT'S WHERE YOU WANT THE REDUCTION FROM 10, UH, TO THIS BY FEET, THE FIVE FEET.
THE OTHER NEW CONSTRUCTION, BECAUSE THEY'RE FACING SECOND STREET, IT WOULD MIMIC ALL OF THE, THE THREE NEW UNITS THAT ARE BEING BUILT THERE, WHICH ARE ACTUALLY THE ONLY RESIDENTIAL UNITS.
AND SO THE PARKING, UH, PARKING COMES OFF OF, UM, THE ALLEY ON THE SOUTH SIDE THERE.
AND THEN WHAT IS, WHAT IS THE, UH, RECTANGULAR PIECE ON THE BACK SIDE OF YOUR, UH, OWLS? IS THAT EXCELLENT PART OF THE HOUSE OR IT SAYS REPORTS, UH, REAR FORCE.
SO THE ONLY THING THAT WOULD ACTUALLY BE PROJECTING INTO THE, WHAT IF IT REMAINED AT 10 FOOT WOULD BE A REAR PORCH, WHICH IS THERE'S A SECOND FLOOR AND A THIRD FLOOR BALCONY AND THE CARPORT.
SO THERE WOULDN'T ACTUALLY BE, UH, ANY HOUSE ENCROACHING ON THAT.
IT WOULD JUST BE PORTRAITS AND A CARPORT.
AND THAT'S WHY WE'RE ASKING FOR THE FIVE FOOT, BECAUSE I DON'T BELIEVE YOU CAN BUILD
[03:05:01]
A CAR PORT WITHIN A SETBACK OR A PORCH, CORRECT? CORRECT.UH, DAY 11, 15 SHOWS THE LAYOUT OF WHERE THE PORT AND CORE COURT IS.
ANY OTHER QUESTIONS WE'VE HEARD THIS CASE BEFORE AND DENIED BOTH OF THE CRA REQUESTS THAT HE'S ASKING FOR.
WHEN WE ORIGINALLY HEARD THIS CASE, UM, WE ONLY, WE DID DO A REDUCTION TO THREE AND A HALF FEET ON ONE SIDE.
UM, I CAN'T REMEMBER WHICH SIDE IT WAS, BUT WE DENIED THE 10 FEET AND, YOU KNOW, 25 TO 15 AND THE 10 TO FIVE FEET.
SO I'M TRYING TO FIGURE OUT, I THINK, YOU KNOW, IF IT'S, HE'S GOT A GARAGE AND I'M STRUGGLING WITH THIS ONE, I HAVE TO SAY, CAUSE WE'VE HEARD THIS BEFORE GO ALSO, WE ALSO HEARD IT AND SHE ACTUALLY DIDN'T HAVE DEVELOPED PLANS.
AND IT WAS NOT, I MEAN, THERE, IT WAS VERY SPECULATIVE POINT.
I THINK SHE WAS JUST TRYING TO SELL IT.
AND SO NOW YOU'RE ACTUALLY LOOKING AT IT WITH WHAT WOULD BE SETBACK AVERAGING IF YOU LOOKED AT IT AND CHARGE.
AND INSTEAD OF SHE WAS TRYING TO BUILD TWO UNITS ON THE TWO MICRO LOTS AND NOT ONE HOUSE.
SO I DON'T KNOW THAT THEY'RE COMPARABLE.
IT'S TRUE, BUT WHAT'S GOING TO HAPPEN NOW IS THEY'RE GOING TO HAVE SETBACK VARIANCES ON THREE SIDES OF THIS PROPERTY.
IT'S NOT JUST THE TWO BECAUSE ONCE THE ONE HAS BEEN GRANTED TO THREE AND A HALF FEET, I'M NOT SAYING IT'S A NO, I'M JUST SAYING THAT THAT IS INFORMATION THAT NEEDS TO BE PUT OUT THERE.
IF, YOU KNOW, IF THAT'S SOMETHING WE'RE WILLING TO DO TOO.
UM, I HAVE AN ISSUE WITH THAT.
YOU KNOW, HAVING SOMEBODY ON TOP OF YOU.
UM, BUT I, I GET WHY THEY'RE DOING IT ON THE BACKSIDE WITH THE PORCHES BECAUSE OF THE WAY THIS FACES.
I'M NOT SURE THAT THEY NEED TO HAVE IT.
THIS FRONT YARD SETBACK 25 TO 15, IS THAT THE COMAL SIDE, THE 2015.
AND THEY BUY IT THE THREE AND A HALF FEET.
I'M NOT FAMILIAR WITH THAT AGAIN, THAT VARIANCE IS ALREADY ON SEVEN FEET.
I THOUGHT 70 WAS GRANTED MAYBE FIVE YEARS AGO FROM WHAT I READ.
UM, BUT I THOUGHT THAT WAS NOLAN VOID BECAUSE NOTHING HAD BEEN BUILT IN A CERTAIN AMOUNT OF TIME.
THERE WILL BE A HABITABLE ATTIC BUILT INTO THE ROOF, UM, THAT I'VE CHECKED WITH RESIDENTIAL REVIEW.
AND IT DOES IMPLY IN THAT REGARD.
SO YOU'RE GOING TO BE LOOKING RIGHT INTO YOUR NEIGHBOR'S BACKYARD, UM, ON THE THIRD FLOOR AND THEN TELL THEIR WINDOWS.
THE, THE HOUSE DIRECTLY TO MY NORTH ALSO HAS, UM, THEY ACTUALLY BUILT A THREE-STORY WITH A SIMILAR LOOKING DOWN ON THE SAME NEIGHBOR AND I'VE MET THE NAME, I'VE DISCUSSED IT WITH THEM.
AND HE ACTUALLY, YOU KNOW, WAS FRIENDLY ENOUGH AND ASKED ME IF I COULD REMOVE SOME TREES IN BETWEEN OUR TWO LOTS.
SO I GUESS HE'S NOT SUPER WORRIED ABOUT PRIVACY.
I WAS JUST LOOKING AT THE PERMIT HISTORY AND YEAH, THE PARENTS WAS GRANTED IN 2015 FOR EXACTLY WHAT YOU'RE STATING.
HOWEVER, A PERMIT WAS NEVER POOLED.
THAT HOUSE WAS NEVER CONSTRUCTED.
UM, SO IN OTHER WORDS, THAT, THAT BARRON'S NOLAN BOY.
I HAD A QUESTION FOR THE APPLICANT.
I'M TRYING TO FIGURE THIS OUT.
YOU'RE TRYING, YOU'RE, YOU'RE ASKING FOR BOTH THE VARIANTS FROM THE FRONT AND THE REAR SETBACKS, BUT THE FOOTPRINT OF WHAT YOU'RE PROPOSING TO BUILD IS ONLY, UM, WHAT ARE WE LOOKING AT HERE? THE STRUCTURE ONLY 21 FEET DEEP, RIGHT? AND THEN YOU'VE GOT A REAR PORCH THAT IS ABOUT 16 FEET PAST THE BACK.
AND THEN THE CAR PORT STICKS OUT ABOUT SIX FOOT, TWO INCHES PAST THAT BACK OF THE STRUCTURE, RIGHT? CORRECT.
THE, UH, THE PORCH IS ABOUT SEVEN FOOT EIGHT BACK.
AND THEN THE CARDBOARD STICKS OUT ABOUT SIX
[03:10:01]
FOOT TWO.AND THE REASON FOR ALL THE BALCONIES IS THERE'S NOT REALLY A, A YARD ON THIS LOT.
SO IT'S JUST CREATING A SPACE TO SIT OUTSIDE.
WELL, I'M NOT, I'M MORE INTERESTED.
I'M MORE INTERESTED IN WHY YOU NEED, YOU KNOW, 15 FEET WORTH OF VARIANCE, BASICALLY 10 FEET ON ONE SIDE AND FIVE FEET ON THE OTHER.
IF YOU'RE JUST TRYING TO CITE SOMETHING THAT IS ONLY 21 FEET DEEP, AND THEN YOU'VE GOT, OF COURSE, A LITTLE CARPORT AND THE REAR PORCH AND BALCONIES, THE BALCONIES ARE GOING TO BE BASICALLY COEXTENSIVE WITH THE REAR PORCH.
THEY'RE NOT GOING TO STICK OUT ANY FURTHER, CORRECT? CORRECT.
SO ARE YOU SAYING YOU CAN'T, YOU CAN'T ACTUALLY GET THIS, WHAT YOU HAVE DRAWN HERE SIDED ON THIS, THIS LOT WITHOUT THE SETBACKS, CORRECT.
ON THE, ON THE, UM, D 11, 14, YOU CAN SEE WHERE THE ARCHITECT HAS DRAWN A FIVE FOOT SETBACK ALONG THE BACK AND A 15 IN THE FRONT TO SHOW WHERE IT WOULD BE SITUATED.
THAT ONE THAT SAYS SITE PLAN THERE.
SO WHAT IS THAT? WHAT IS THAT? THE, THE, THE DASH LINE THAT'S CLOSEST TO COME OUT STREET.
THAT'S NOT YOUR, YOUR PROPERTY LINE, THE ONE THAT'S INSIDE THERE.
WHAT IS THAT? IS THAT THE THAT'S 15 FEET.
SO THAT'S NOT THE EXISTING, THAT'S WHAT YOU'RE ASKING FOR, CORRECT.
SO DO WE HAVE A MOTION? ANYONE? I WISH MICHAEL WAS HERE.
UM, IT'S A LOT, BUT IT IS A SMALL LOT, BUT THIS IS GOING TO SECOND.
I'M NOT CRAZY ABOUT THE PORCH AND THE BALCONY.
YOU KNOW, HE COULD BUILD THIS WITHOUT PUTTING THAT BACK THERE, BUT I ALSO UNDERSTAND THE NEED FOR OUTDOOR SPACE, ESPECIALLY THESE DAYS A BOARD MEMBER.
I WOULD LIKE TO MAKE SURE, UM, UH, MAYBE A FRIENDLY AMENDMENT THAT THE, UM, THE VARIANTS FROM THE SETBACK AREAS IS ONLY TO ALLOW, UH, THE, THE REAR PORCH CHECAR PORT AND THE, UH, AND THE BALCONIES IN THE BACK.
NOT ANY OTHER PORTION OF THE STRUCTURE TO BE IN THAT REAR SETBACK AREA, TO THE DRAWINGS.
AS A SHOW THAT WOULD BE AS SHOWN ON THE 11, 15, 16, 17, 18, AND 19 DARRYL.
AND YOU WOULD DO BETTER TO TIE IT TO THE 1114, WHICH IS THE SONG I'VE BEEN PROPOSING.
THAT'S A MOTION TO APPROVE AMENDED TO BE TIED TO THE PRESENTATION.
I WILL, I WILL SECOND THAT MOTION AS IT WAS ALREADY IN A BAND.
MELISSA, ARE YOU A KEY WITH THE AMENDMENT OR MEMBER MAILINGS? YES.
REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE COMBINED DIMENSIONS OF THE LOT WOULD EQUATE TO A 75 FOOT WIDE BY 50 FOOT DEEP LAW, WHICH WELL, WHICH USING STANDARD SETBACKS OF TWENTY-FIVE FEET ON THE FRONT 10 FEET ON THE BACKLOT LINE WOULD ONLY ALLOW WORK 15 FOOT MAXIMUM DEPTH OF THE HOME, WHICH IS NOT FUNCTIONAL MAXIMUM FOOTPRINT CONSIDERING ALSO A 10 FOOT SETBACK FROM THE ALLEY AND FIVE FOOT SET BACK ON THE SIDE YARD WOULD ONLY BE 900 SQUARE FEET, WHICH IS ONLY 23% OF THE LOT SIZE.
THIS WOULD ALSO NOT ALLOW FOR ADEQUATE PARKING.
AS CODE REQUIRES TWO SPACES, HARDSHIP FOR WHICH THE VARIANCES REQUEST IS UNIQUE TO THE PROPERTY.
AND THESE ARE TWO TINY EMPTY LEGALLY BUTTED, LOTS THAT DO NOT QUALIFY FOR SMALLER AMNESTY BY THEMSELVES.
SO THEY WILL BE COMBINED, UM, IN ORDER TO BUILD ONE SINGLE FAMILY RESIDENCE FOR THE APPLICANT, UM, THE ROUGHLY 3,800 SQUARE FOOT COMBINED LOT, NO OTHER LOTS OF HOME SPACE COME OUT, THEN A BLOCKS TO THE SITES OF FRONT YARD.
[03:15:01]
SETBACK.UM, THE ONLY EXISTING HOMES, UM, FA ON COME OUT FACING, COME OUT FRONT YARD SETBACKS LESS THAN 10 FEET.
HARDSHIP IS IDENTICAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE NO OTHER LOTS NEAR THE SITE ARE A SMALLEST, THIS AND KNOW-HOW LOTS, OR HOMESPACE COME OUT STRAIGHT WITHIN EIGHT BLOCKS, ALMOST ALL HOMES FACED EAST WEST STREETS IN THE ENTIRE NEIGHBORHOOD.
UM, A CHARACTER, THE RANCH WILL NOT ALTER THE CHARACTER.
THE AREA ADJACENT TO THE PROPERTY WILL NOT APPEAR THE EAST OF THE ADJACENT PERFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS AND THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE LIGHT LINES YOU FOR FRONT AND REAR SETBACKS ON THE LOT ARE USED BY EVERY OTHER LOT ON THIS STREET, A SIDE STREET YARD AND SIDE YARD SETBACKS.
IF I CAN, LET'S SEE IF THE, IF THIS APPLICANT CAN USE THE SAME SETBACKS THAT HOUSEHOLD FIT MORE WITH THE REST OF THE SURROUNDING NEIGHBORHOOD AS A SINGLE FAMILY HOME, INSTEAD OF SPECULATIVE SOMETHING LARGER, UM, THE AID LET'S SEE, SIT BACK AVERAGING IS TABLE PARKING IS NOT APPLICABLE BECAUSE THEY'RE PROVIDING TWO SPACES, WHICH IS WHAT IS REQUIRED FOR THIS LOT, FOR THIS, UM, SINGLE FAMILY HOME.
LET'S START A LITTLE DIFFERENTLY THIS TIME TO GIVE CHERRY A BREAK.
SO LET'S START WITH THE OBVIOUS TINA RODRIGUEZ.
UM, I, WITH ALL DUE RESPECT, I PRESENTATION CONFUSING AND I'M MISSING SORT OF BASIC DIMENSIONS AND THINGS LIKE THAT.
IN AGREEMENT WITH AUGUSTINE, HIS COMMENTS AS WELL, TOMMY DIFFERENCE.
UH, I AGREE WITH THE PREVIOUS COMMENTS, IF THIS PERSON HAS BEEN A HOUSE BUILDER, THEY SHOULD KNOW ABOUT DIMENSIONS AND DIMENSIONING PLANS.
SO THE PRESENTATION WAS LACKING.
SO YOU'RE VERY LUCKY THAT, UM, YOU'RE GETTING OUR SUPPORT.
DO YOU HAVE YOUR VARIANTS? THANK YOU.
[D-12 C15-2021-0028 David Morgan 3406 Gonzales Street]
NEXT CASE WILL BE ITEM D 12.THIS IS GOING TO BE 3, 4 0 6 GONZALEZ STREET AND JASON FIRE.
I'LL TRY TO MAKE IT AS QUICK AS I CAN.
YOU SHOULD BE ON THE FIRST PAGE THAT SHOWS OUR SITE PLAN AND OUR TREE PROTECTION.
THE VARIANCE THAT WE'RE ASKING FOR IS FOR 25 DASH TWO DASH SEVEN SEVEN, FOR THAT PIECE OF CODE CALLS FOR THE PRIMARY STRUCTURE TO BE IN FRONT OF THE PROPERTY AND THE ADU TO BE IN, GO BACK.
AND WE ARE ASKING TO BE ALLOWED TO REVERSE THAT SO THAT THE PRIMARY STRUCTURE CAN GO IN THE BACK HALF OF THE LOT AND THE ADU CAN REMAIN EXISTING IN THE FRONT HALF OF THE BLOCK THAT WE'RE ASKING FOR THIS FOR A COUPLE, A COUPLE OF REASONS, SPECIFIC TO THE SITES.
IF YOU LOOK AT THE SITE PLAN, THERE ARE FOUR PROTECTED TREES ON THE LOT, THREE OF WHICH WE'VE HASHED TO SHOW WHERE THE CALL STRUCTURE INTERFERES WITH THE HALF CREDIT HOARDERS DONE.
UM, SO OUR PLAN IS TO DEMO THE ADDITION.
YOU CAN SEE THAT ON THE TOP HALF OF THE BUILDING RIGHT THERE TO MAKE THAT A 1100 SQUARE FOOT COMPLIANT ADU.
AND THEN BACK IN THE BACK WHERE WE HAD THE BOX OF TEXTS, WE'D LIKE TO ADD THE PRIMARY STRUCTURE.
UM, OTHER THAN THAT, WE INTEND TO COMPLY WITH ALL OF THE OTHER CODE REQUIREMENTS FOR PRIMARY STRUCTURES AND ADU WILL STAY UNDER 40% FAR.
WE'LL MAINTAIN THE FIVE FOOT, FIVE FOOT AND 10 FOOT SETBACKS ON THE PROPERTY.
AND WE'LL MAINTAIN THE 10 FOOT SETBACK FROM THE, UH, BETWEEN THE ADU AND THE PRIMARY STRUCTURE.
UH, IF YOU GO TO THE SECOND PAGE ON OUR PRESENTATION, YOU'LL SEE PICTURES OF THOSE PRIZES, UH, PROTECTING TREES AND HOW CLOSE THEY ARE TO THE PROPERTY.
UH, THE ONE IN THE FAR RIGHT CORNER IS THE ONE THAT WE'RE ACTUALLY NOT AFFECTING RIGHT NOW.
BUT IF WE STARTED TO BUILD A PRIMARY STRUCTURE OF THE FRONT HALF OF THE HOUSE, WE WOULD HAVE TO, UH, IMPACT THAT CRITICAL ROOT ZONE AS WELL.
AND THEN AS YOU GO THROUGH THE REST OF THESE SLIDES, NOW THE NEXT SLIDE SHOWS THE, WHERE THE EXISTING STRUCTURE.
SO YOU JUST INSTRUCTORS ALREADY IN VERY GOOD SHAPE, A
[03:20:01]
CONCEPT AGAINST THE FRONT YARD, AND IT ALREADY MAINTAINED THE CHARACTER OF THE PROPERTY.AND THE NEXT THREE, THE NEXT THREE SLIDES I'LL SHOW YOU WHERE THE TREES ARE IMPACTING.
AND IF YOU LOOK AT SLIDE NUMBER FOUR, YOU'LL SEE THAT SECTION WITH THE HOSTAGE ADDED ON WHATEVER CLOSED END PORCH.
UM, WE ARE PROPOSING TO DEMO THAT PORTION OF THE HOUSE, MAKE THAT FOOTPRINT BACK AS 1100 SQUARE FEET.
UM, THE PROPERTIES ARE A LOT ITSELF.
UH, THIS IS UNIQUE TO THE NEIGHBORHOOD GIVEN THAT THERE ARE FOUR PROTECTED TREES ON THERE ALREADY.
IT ALSO HAS AN EXISTING STRUCTURE THAT IS ALMOST COMPLETELY COMPLIANT WITH THE ADU RULE IT'S IN GOOD REPAIR.
WE WOULD LIKE TO MAINTAIN THAT AND PROTECT THE TREES.
AND THAT'S REALLY ALL I HAD TO SAY ON THAT.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE, RIGHT? THANK YOU.
LET'S CLOSE THE PUBLIC HEARING AND QUESTIONS, UH, BOARD MEMBER BAILEY.
UM, THERE'S NO DETAILS OTHER THAN WHERE THE RESIDENT NEW RESIDENCE IS LOCATED.
IS THAT A SINGLE STORY, A TWO STORY? WHAT SIZE IS IT? WHAT'S THE SQUARE FOOTAGE? UH, SO THE SQUARE FOOTAGE, IF YOU LOOK IN THERE RIGHT NOW, WE, THE RESIDENTIAL DOES NOT WANT TO RETAIN ANY MORE OF OUR TECHNICAL SERVICES UNTIL THEY KNOW WHETHER THIS IS EVEN A FEASIBLE PRODUCT.
SO WHAT THEY'RE ASKING FOR IS TO MAINTAIN A MOST LIKELY A TWO STORY STRUCTURE, GIVEN THE NUMBER OF TREES ON THE PROPERTY, THAT'S UNDER 2,800 SQUARE FEET.
UM, AND THAT WOULD GIVE US A TOTAL FAR OF A 40%.
AND IF YOU LOOK AT THE FIRST PAGE OF OUR SHEET, THE BUILDING, A BUILDING ON A SITE AT 40% BUILDING ENVELOPE GIVES US 39, 50 SQUARE FEET.
UM, IF THEY'RE NOT ALLOWED TO PUT THE PRIMARY STRUCTURE IN THE BACK, UH, THEN THEY'RE LOOKING AT A TOTALLY DIFFERENT PRODUCT REDESIGN, WHICH WOULD MEAN GETTING AN ARBORIST INVOLVED WITH THE DEMO, THE ORIGINAL HOUSE, TAKING THAT HOUSE OUT, AIRSPACE IT, AND THE PRIMARY STRUCTURE OF THE FRONT AND THE SECONDARY STRUCTURE IN THE BACK, GIVEN THE COST INVOLVED IN COMPLETELY DRAWING A PROJECT THAT IS NOT EVEN FEASIBLE.
THEY ELECTED NOT TO GO THAT ROUTE.
I JUST, I'M CURIOUS ON THE IMPACT BECAUSE WE'VE SEE A LOT OF THESE WITH THEIR KEEPING THE HOUSE IN THE FRONT, SOME ARE SUCCESSFUL, SOME AREN'T, AND SOMETIMES WHEN YOU PUT A QUITE LARGE STRUCTURE IN YOUR BACKYARD, IT REALLY IMPACTS LIGHT AND PRIVACY OF THE NEIGHBORS ON EITHER SIDE.
NOW, I DON'T REALLY SEE ANY INPUT FROM ANY OF THE NEIGHBORHOOD NEIGHBORS OR THE NEIGHBORHOOD ASSOCIATION.
HAS THIS BEEN PRESENTED TO ANYBODY? IT HAS.
THERE IS NO SOLID NEIGHBORHOOD ASSOCIATION IN THAT NEIGHBORHOOD.
THE OWNER OF THIS PROPERTY ACTUALLY IS THE NEIGHBOR OF THE PROPERTY.
SO HE, UM, HE'S CURRENTLY RENTING THE HOUSE NEXT DOOR, UM, IS, HAS BOUGHT THE LOT NEXT TO IT TO MOVE INTO.
SO HE IS INVOLVED IN THE NEIGHBORHOOD.
THEY'VE DISCUSSED IT WITH THE NEIGHBORS.
SHE DISCUSSED THE, THE NOSE OF THE HOUSE NEXT TO THEM.
THEIR GOAL IS TO MAINTAIN EVERYTHING WAS IN KEEPING WITH THE NEIGHBORHOOD.
SO THE MCMANSION TENT, WHICH IS STILL IN EFFECT, UM, YOU KNOW, IT COMES OUT 15 FEET OFF THE REAR PROPERTY LINE AND SLIPS IN 45 DEGREES.
UH, WE WILL STAY OUT OF THAT, SO THAT WHETHER IT WAS AN ADU BACK THERE OR PRIMARY STRUCTURE, UM, THE LOTS, RIGHT, WE'LL COME UP 15 FEET AND CUTTING 45 DEGREES AND WE'LL MAINTAIN, WE'RE NOT ASKING FOR ANYTHING THAT WOULD, WE'RE NOT ASKING TO BUILD ANYTHING OUTSIDE OF THE EXISTING MATCHING TENT.
SO WE'RE NOT LOOKING TO BUILD ANYTHING.
THAT'S THREE STORIES AND LOOMING OVER THE NEIGHBOR'S PROPERTY.
WE'RE STILL STAYING WITHIN THE PATCH.
WE'RE JUST ASKING TO SWITCH IT.
IT'S JUST THAT THERE'S A LACK OF INFORMATION ON THIS ILLNESS PRESENTATION THAT IT'S JUST, IT'S A, IT'S A PRETTY HEAVY BURDEN TO PUT ON AN OWNER TO PAY FOR DESIGN SERVICES FOR A PROJECT WHEN THEY'RE STILL IN THE FEASIBILITY STAGE.
BUT A QUICK SKETCH OF WHAT THEY'RE INTERESTED IN A QUICK SKETCH OF WHAT THEY'RE INTERESTED IN.
IT GOES A LONG WAY WITH OUR BOARD.
IS THAT WHAT I'M SAYING? THE MORE INFORMATION YOU CAN GIVE US SO THAT WE CAN MAKE A BETTER DECISION IS, IS A GOOD THING.
WE HAVE TO GUESS NOW HE OFFERED THAT TO ME.
BUT I MEAN, WE'RE STILL TOTALLY VIOLATED.
I HAD A QUESTION ON THE APPLICANT.
UM, WELL, AND, AND, AND A STATEMENT.
I, I DON'T EVER FEEL COMFORTABLE GRANTING VARIANCES LIKE THIS WITHOUT KNOWING WHAT EXACTLY IS INTENDED TO BE BUILT THERE BECAUSE I LIKE TO TIE THOSE THINGS TO WHAT'S GOING TO BE BUILT THERE.
UM, AND, AND SO ARE YOU SAYING THAT YOU, THE, THE, THE FUTURE PLAN FOR WHAT YOU WANT TO DO THERE, UH, YOU, YOUR, YOUR OWNER WOULD BE COMFORTABLE WITH NOT REQUIRING
[03:25:01]
OR REQUESTING ANY FURTHER VARIANCES OR, OR, UH, EX EXCLUSIONS FROM ANY OTHER SORT OF, UH, UH, REGULATIONS.WE DON'T FORESEE DOING THIS PROCESS AGAIN, BY ANY MEANS.
THIS IS A ONE-SHOT AND DOWN, AND WE ASKED THE OWNER WHAT HE WANTED TO BUILD.
YOU WANT TO BUILD A HOUSE FOR HIS FAMILY ON THE BACK PART OF THE LOT.
WE EXPLAINED TO THEM, YOU HAVE 10 FOOT SETBACKS IN THE BACK.
YOU HAVE FIVE FOOT SETBACKS ON THE SIDE, GIVING MATCH TECH THAT YOU HAVE TO FOLLOW.
YOU GOT TO PROTECT YOUR PROTECTED TREES.
YOU ALSO HAVE TO MAINTAIN 10 FEET FROM THE EXISTING STRUCTURE.
UM, WE, WE TRIED TO MAKE THE VARIANCE.
WE UNDERSTAND THAT BECAUSE WE HAVEN'T DESIGNED A PROJECT THAT GRANTING A BROAD VARIANCE IS DAUNTING.
AND SO WE ASKED HER VERY SPECIFIC, UH, VARIANCE AS TO WHAT IT IS WE'RE ASKING FOR, SO THAT WE DON'T MAKE IT.
WE'RE NOT ASKING FOR THE FREE REIGN TO JUST RUN THE MUCK.
WE SIMPLY WANT TO CHANGE WHERE THE STRUCTURE SHIFTS.
WELL, TH THE, THE PROBLEM, THE PROBLEM YOU HAVE IS THAT WE CAN CONDITION THE GRANTING OF A VARIANCE AND WE CAN CONDITION IT ON, YOU KNOW, THE, THE STRUCTURE TO BE IN THE BACK.
CAN'T BE MORE THAN A CERTAIN PERCENTAGE OF THE EXISTING STRUCTURE.
I MEAN, THERE'S ALL KINDS OF THINGS THAT CAN, CAN HAPPEN HERE.
AND I THINK WHAT BOARD MEMBER BAILEY WAS SAYING IS CORRECT, THAT IT GOES ALONG WAY, OR YOU'D BE ABLE TO TELL US WHAT EXACTLY WE'RE INTENDING TO DO.
WE'RE NOT INTENDING TO GET THIS ENTITLEMENT ON THIS PIECE OF PROPERTY AND THEN SELL IT AND ALLOW SOMEBODY ELSE TO DO SOMETHING COMPLETELY DIFFERENT WITH IT.
SO THAT'S, THAT'S, I THINK THE HESITATION THAT YOU'RE HEARING TONIGHT SURE.
I THOUGHT THAT WAS A QUESTION.
SO WOULD THE, UH, OWNERS BEING WILLING TO, UM, UH, ENSURE THAT THE FRONT UNIT, UH, IS GOING TO BECOME THE ADU WOULD NOT BE AN SBR? HONESTLY, I CAN'T SAY ANYTHING ABOUT THAT.
I DON'T KNOW WHAT THEY WANT TO USE IT BEFORE.
MY UNDERSTANDING IS THEY WANT TO USE IT AS A LONG-TERM RENTAL, BUT I CAN'T SAY WHETHER THEY WOULD USE IT AS AN SDR OR NOT.
THAT WOULD BE SOMETHING I HAVEN'T, WE HAVEN'T EVEN DISCUSSED.
I KNOW THAT THEY'RE LOOKING AT IT AS A WAY TO OFFSET PROPERTY TAXES IN THAT AREA SO THAT THEY CAN CONTINUE TO LIVE THERE WITH THE FAMILY.
AND THEY SPEND TWO BREAKS AND ONE IS YOUR NEIGHBORHOOD FRIENDLY THAN THE OTHER, SO, OKAY.
CAUSE I, I'M NOT SURE I COULD SUPPORT, UNLESS THAT IT WAS NOT VIA VR.
I AM HEARING A LOT OF REQUESTS FOR ADDITIONAL INFORMATION.
UH, DOES ANYONE HAVE A MOTION NUMBER FOR IT? I'LL MOVE THE POSTPARTUM TO JULY.
DO WE HAVE A SECOND? ANYWAY, WE CAN MOVE THAT TO AUGUST.
I WOULD MOVE THE, WE POSTPONE THIS TO AUGUST.
CAN I ASK YOU A QUICK QUESTION BEFORE YOU MAKE THE MOVEMENT? NO, SIR.
THE PUBLIC IS CLOSED, BUT I WOULD LIKE FOR THE BOARD MEMBERS TO BE VERY SPECIFIC ABOUT WHAT THEY'D LIKE FROM THE APPLICANT.
I'D LIKE TO MAKE A SUBSTITUTE PUSHING FOR APPROVAL.
IS THERE A SECOND? WHAT CONDITIONS ARE YOU GOING TO PUT ON THE APPROVAL, MELISSA, TO TIGHTEN THIS UP A LITTLE BIT? THE FRONT UNIT IS NOT AN STR.
THAT AND THAT THEY STAY WITHIN ALL OTHER REQUIREMENTS.
I MEAN, SO THEY PROBABLY HAVE BEEN POSTPONED SINCE OUR APRIL AGENDA POSTPONING THEM TO AUGUST.
I SEE THAT AS A HARDSHIP AND IT'S NOT ONE THAT THEY CREATED.
UH, SO IT, DO YOU HAVE A SECOND? ONE SECOND.
MOTION TO APPROVE BY BOARD MEMBER, UH, HEARTBURN AND A SAPPINGTON BY BOARD MEMBER LINTON.
CAN YOU READ THE FINDINGS? YES.
TRUMAN IS GOING CRAZY TOO, BECAUSE HE'S JUST THAT WAY.
CAN WE MAKE SURE WE HAVE THE CONDITIONS ON THE RECORD ALSO? YES.
UH, ZONING REGULATIONS, APPLEWOOD PROPERTY
[03:30:01]
DO NOT ALLOW FOR A REASONABLE USE AS THERE'S AN EXISTING STRUCTURE THAT IS, UH, HAS FOUR LARGE PROTECTED TREES ON THE FRONT HALF OF THE PROPERTY.THESE TREES HAVE CRITICAL ROOTS THAT OVERLAP WITH THE CURRENT STRUCTURE, WHICH MAKES A DEMOLITION AND REBUILDING A STRUCTURE OF THE CORRECT PROPORTIONS.
AND BY REMOVING ONE MOMENT, PLEASE, WHILE I, THAT WOULD BE CRAZY PUPPY FACE, UM, HE DECIDED TO TEAR UP HIS BED RIGHT NOW, RIGHT NEXT TO ME.
UM, SO IN, IN TAKING OFF THE ADDITION, IT BRINGS THE PROPORTION OF THE STRUCTURE TO A TWO, WHAT WOULD BE AN ADU SIZE, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED AS UNIQUE TO THE PROPERTY AS IT HAS AN EXISTING STRUCTURE WITH FOUR PROTECTED TREES CURRENTLY PLACED IN THE FRONT.
AND THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED AS FOR PROTECTED TREES SURROUNDING THIS LITTLE HOUSE, KIND OF MAKE IT A LITTLE BIT UNIQUE.
THE VARIANCE, UH, THE VARIANCE WILL NOT ALTER THE CHARACTER.
THE AREA ADJACENT THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT COMFORTING PROPERTY WILL NOT PAIR THE PURPOSE OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS FROM THE FRONT, YOU'LL BE ABLE TO SEE THE EXISTING STRUCTURE AND THE EXISTING TREES.
AND THE REST OF THE LOT WILL, WILL BE IN COMPLIANCE WITH ALL OTHER ZONING REGULATIONS OF FAR SETBACK, TENT, UH, REAR SETBACK, SIDE SETBACK, PLACEMENT OF THE STRUCTURE, UH, AND A CONDITION OF THE VARIANCE WILL BE THAT THE ADU, UH, CANNOT BE USED AS A SHORT-TERM RENTAL.
YOU DIDN'T HAVE YOUR BEARINGS.
THAT WAS THE LAST OF THE VARIOUS CASES.
I'LL BE STEPPING AWAY ON THIS ONE.
STEAMING AND THE LEAVE JUST TO REFRESH MY MEMORY.
AND THIS IS GOING TO BE SIMPLE MAJORITY, RIGHT? YES, THAT'S CORRECT.
[E-1 C16-2021-0008 Leah M. Bojo for The Standard at Austin, LLC 715 W. 23rd Street]
C 16, 20 21 DASH 0 0 8, 7 15 WEST 23RD STREET.AND THIS WILL BE LEAH BOHO, OR BEAUJOLAIS SORRY IF I GOT THAT WRONG SPEAKING.
I'M LEAH
YOU JUST WANT TO LET ME KNOW WHEN MY PRESENTATION IS.
WHERE ON THE FIRST PAGE, YOU'VE GOT FIVE MINUTES.
UM, I'M HERE REPRESENTING THE APPLICANT LANDMARK PROPERTIES IN THE SIGN VARIANCE REQUESTS FOR THE STANDARD, WHICH IS A STUDENT HOUSING DEVELOPMENT IN WEST CAMPUS.
I'LL MOVE QUICKLY THROUGH THIS SINCE I KNOW YOU ALL ARE FAMILIAR WITH, WITH THIS TYPE OF REQUEST, AND I KNOW IT'S GETTING LATE.
UH, IF YOU GO TO SLIDE TWO, PLEASE, UH, YOU CAN SEE THAT THE STANDARD IS LOCATED ON THE SOUTH SIDE OF WEST 23RD STREET BETWEEN PEARL AND RIO GRANDE IN THE HEART OF THE UNIVERSITY NEIGHBORHOOD OVERLAY DISTRICT.
MOVING ONTO SLIDE THREE, THE APPLICANT IS PROPOSING TO PUT FOUR SLIDE.
[03:35:01]
I'M SORRY.FOUR SIGNS ON THE NORTHERN FACADE FACING 23RD STREET AND TWO SIGNS ON THE WESTERN FACADE FACING PEARL STREET.
THIS IS TYPICAL FOR MULTI-FAMILY HIGH RISE IN THIS AREA.
UM, AS I KNOW, YOU ALL KNOW THE SIGN ORDINANCE FOR UNO IS INADVERTENTLY AMENDED TO PROHIBIT ALL ILLUMINATED SIGNS, NOVEMBER OF 2019.
UM, THIS IS INTENDED TO BE FIXED TO BE A CODE AMENDMENT, BUT THAT HAS NOT YET HAPPENED.
AND THIS PROJECT HAS WAITED TO REQUEST A VARIANCE IN THE HOPES THAT THE CODE AMENDMENT WOULD BE PROCESSED.
BUT WE'RE NOW AT A POINT WHERE WE'RE PREPARING TO FINISH THE PROJECT AND OPEN THE DOORS TO STUDENTS, AND THEREFORE NEED TO BE ASSURED THAT WE CAN HAVE ELIMINATION.
HERE YOU CAN SEE A MAP OF OTHER SIMILAR VARIANCES THAT HAVE BEEN GRANTED SO FAR, THE YELLOW STARS ARE THE TWO THAT ARE CURRENTLY IN PROCESS AND THE GREEN ONES ARE THE ONES THAT I BELIEVE HAVE ALREADY BEEN APPROVED.
I THINK THERE ARE ALSO THREE ADDITIONAL VARIANCES OUTSIDE OF WEST CAMPUS THAT REFERENCED THESE UNO SIGN REGULATIONS AND THEREFORE WERE ALSO AFFECTED.
AND THOSE HAVE ALSO BEEN APPROVED AS FAR AS I UNDERSTAND.
UM, YOU CAN SEE, OF COURSE THERE ARE MANY, UH, ELIMINATED ASSIGNS IN THE DISTRICT, INCLUDING RESTAURANTS AND RETAIL ESTABLISHMENTS, AS WELL AS OTHER MULTI-FAMILY HIGH RISES.
UM, THE SIGNS ARE SORT OF SIMILAR EXAMPLES TO WHAT THE STANDARD IS PROPOSING AND YOU CAN SEE FROM THE ADDRESSES THEY'RE SPREAD THROUGHOUT THE DISTRICT AND ARE IN VERY CLOSE PROXIMITY TO THIS SITE.
UH, I DO WANT TO MAKE IT CLEAR THAT THE ONLY VARIANCE WERE REQUESTING A SEVERE ELIMINATION COMPONENT FOR THESE SIGNS.
THEY'RE ENTIRELY COMPLIANT WITH ALL OTHER SIGN REGULATIONS.
AND IN FACT, WE HAVE APPROVED PERMITS FOR THE SIGNS, UM, WITH PENDING, UH, PENDING ILLUMINATION PENDING THE VARIANCE APPROVAL.
AND THOSE PERMITS WERE INCLUDED IN YOUR ADVANCED PACKET.
I'M MOVING ON TO SLIDE EIGHT, PLEASE.
HERE, YOU CAN SEE A CURRENT PHOTO SHOWING WHERE THE SIGNS ARE LOCATED.
UH, AND ON SLIDE NINE, YOU CAN SEE AN OVERALL SITE PLAN, WHICH SHOWS WHERE THE SIGNS ARE LOCATED, UM, ALMOST THROUGH THESE QUICKLY, BUT I'M OF COURSE, HAPPY TO ANSWER QUESTIONS.
UM, SLIDE 10 SHOWS, UM, FLIGHT SIGN NUMBER ONE, WHICH IS A WALL SIGN ON THE WESTERN FACADE SLIDE.
11 SHOWS SIGN TWO, WHICH IS ALSO A WALL SIGN ON THE WESTERN FACADE SLIDE.
12 SHOWS THE ENTIRE WESTERN ELEVATION WITH BOTH SHINES, BOTH SIGNS SHOWN, UM, SLIDE 13 SHOWS A PHOTO OF THE WESTERN FACADE WITH THE SIGNS HIGHLIGHTED SLIDE 14 SHOWS SIGNS THREE ON THE NORTHERN SIDE.
THIS ONE IS A CABINET SIGN SLIDE, 15 SHOWS SIGN FOUR, WHICH IS A WALL SIGN ON THE NORTHERN FACADE SLIDE.
16 SHOWS FINE FIVE, WHICH IS A LAW SIGN ON THE NORTHERN FACADE.
SO I 17 SHOWS SIGN SIX, WHICH IS A WALL SIGN ON THE NORTHERN FACADE BY 18 SHOWS THE ELEVATION OF THE NORTHERN FACADE WHERE ALL THE, WHERE ALL THE SIGNS WILL BE LOCATED INSIDE 19 SHOWS A PHOTOGRAPH AGAIN OF IN ORDER TO HAVE THE NORTHERN FACADE AS IT'S CURRENTLY BEING CONSTRUCTED WITH THE SIGNS HIGHLIGHTED SO THAT YOU CAN SEE THEM.
UM, AND SO FINALLY ON SLIDE 20, WE RESPECTFULLY REQUEST APPROVAL OF THIS VARIANCE TO 25 10, 1 33 H TO ALLOW FOR THE ELIMINATION OF THE FIVE LED WALL SIGNS AND THE ONE ILLUMINATED LED CABINET SIGN.
UM, THANK YOU VERY MUCH FOR YOUR TIME AND PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS.
LET'S GO AHEAD AND CLOSE THE PUBLIC SHARING IF A BOARD MEMBER WRITING FOR A WHILE.
SO I JUST WANT TO REMIND THE BOARD THAT THERE HAS BEEN A LOT OF CONFUSION ABOUT THIS SINCE I FIRST IDENTIFIED THE ISSUE WITH, UH, YOU KNOW, SIGNED REGULATION, UM, FROM LAST MAY WHEN IT CAME FOR THE PLANNING COMMISSION AND, AND A LOT OF THIS WAS CLARIFIED FOR US AT OUR LAST MEETING WITH GARY WRESTLER.
HOWEVER, IT WAS THE INTENTION OF COUNCIL THAT ANYTHING ABOVE THE SECOND FLOOR WOULD NOT BE ALUMINUM.
THAT WAS, I WENT BACK AND LISTENED TO THE HEARING AND THAT'S, THAT'S HOW I HEARD IT AGAIN.
SO I JUST WANTED TO CLARIFY THAT WHEN THIS ORDINANCE IS CORRECTED, IT WILL STILL NOT ALLOW ILLUMINATION ABOVE THE SECOND FLOOR.
CAUSE I WAS GOING THROUGH WE DIDN'T, UH, BOARD MEMBER BAILEY.
AND I ALSO, YOU KNOW, THE REASONS ARE GIVING IS THE AREA'S DARK AND ALL THAT, THOSE HIGH UP SIGNS DO NOTHING TO ELIMINATE THE DARK, YOU KNOW, THE STREETS OR HELP SOMEBODY FIND IT.
YOU CAN'T EVEN SEE THOSE FROM THE STREET THEY'RE ADVERTISEMENT, THEY'RE ADVERTISEMENT FOR THAT BUILDING.
AND SO I DON'T SEE ANY NEED FOR THOSE SIGNS THAT WAY UP ON THE BUILDING TO BE ILLUMINATED.
[03:40:01]
THE ONES.I THINK THERE'S TWO THAT ARE LIKE THAT.
I CAN SUPPORT THE ONES ON THE LOWER FACADE, BUT IF YOU ARE WALKING, THOSE ARE THE ONES THAT YOU WOULD SEE AND THAT'S HOW YOU WOULD FIND IT.
MOST PEOPLE KNOW WHERE THEY'RE GOING WHEN THEY'RE GOING TO A RESIDENTIAL, YOU KNOW, THAT'S WHY WE HAVE PHONES THESE DAYS THAT HAVE MAPS ON THEM.
SO I CAN'T SUPPORT THE, ANY OTHER SIGNS ABOUT THE SECOND STORY BEING ILLUMINATED.
THERE ARE QUESTIONS OR COMMENTS.
SO I GUESS SIMPLE QUESTION WOULD BE MS. MOJO, WOULD THE APPLICANTS BEING WILLING TO ACCEPT SOME LESSER SIGNS? LIKE IF WE ONLY DID TWO OR THREE, COULD I, UM, INSTEAD REQUEST TO POST COMMENT TO THE JULY MEETING, IT WOULD PROBABLY BE TO AUGUST AND BY THEN THERE MIGHT BE A CLARIFICATION ON THE CODE.
IT COULD BE TO YOUR BENEFIT, NO BOARD MEMBER PUT.
I WAS JUST THINKING THAT, THAT, AND I THINK I'M KIND OF ON BOARD WITH, UH, NOT APPROVING ANY ILLUMINATED SIGN ABOVE THE SECOND STORY.
UM, AND SO, YOU KNOW, THERE, THERE MAY BE AN OPPORTUNITY TO MAYBE REDO OR, OR AMEND THIS APPLICATION TO MAYBE ASK FOR, FOR A, UM, AN EXTENDED, YOU KNOW, AN EXTENSION SIGN OR, YOU KNOW, SOME OTHER THING THAT, THAT MIGHT, THAT MIGHT BE, UH, HELPFUL.
BUT I DO THINK THAT, UM, UH, POSTPONE THAT WOULD BE IN ORDER AND I WOULD MOVE THAT WE POSTPONE TILL AUGUST 2ND.
WE HAVE A MOTION TO POSTPONE BOARD MEMBER PUT AND A SECOND BY A BOARD MEMBER AND BAILEY ANY COMMENTS, QUESTIONS, ARE WE READY TO VOTE? OKAY.
SO THAT WAS A POSTPONEMENT FROM THE AUGUST 9TH AUGUST, CORRECT? IT AUGUST 9TH.
SO POSTPONE THE AUGUST NINE, UH, TOMMY.
AND I HOPE WE HAVE MORE RESOLUTION FROM COUNCIL BY THEN.
UM, WE BOTH, UH, JESSICA COHEN.
IT'S THE ALBUMS ARE STEAMING RON MCDANIEL.
I'LL PUT YES, I WAS TINA RODRIGUEZ.
WE ARE GOING TO POSTPONE TILL AUGUST 9TH.
THANK YOU SO MUCH FOR YOUR PRESENTATION.
[F-2 C15-2021-0055 Ruben Valdez 1206 W. Oltorf Street]
F TWO.THIS ISN'T A NEW VARIANCE, UH, CASE NUMBER IS C 15 20 21 0 0 5 5 1 2 0 6 WEST
YOUR PRESENTATION IS ON SLIDE ONE.
AND FOR THE SAKE OF SAVING TIME, IF WE CAN JUST GO TO SLIDE THREE, I WILL APPRECIATE IT.
UH, WELL, MY NAME IS RUBIN AND I AM THE PROPERTY OWNER OF A TOTAL SIX WEST OLD TAURUS.
I LIVE THERE AND I DO WANT TO THANK THE BOARD FOR TAKING THE TIME.
I KNOW IT'S BEEN A LONG EVENING, UH, AND I DO APOLOGIZE IN ADVANCE FOR THE TERRIBLE, UH, POWERPOINT.
I ACTUALLY, THIS IS MY FIRST TIME, SO I DID NOT KNOW WHAT TO EXPECT, BUT I'M HERE TO REQUEST A VARIANCE FROM SECTION 25 DASH TWO DASH 15, WHICH IS THE FRONT SETBACK FROM TWENTY-FIVE FEET TO ZERO.
UH, THIS HOUSE WAS ORIGINALLY BUILT IN 1956.
UM, AS YOU KNOW, MOST HOMES HERE IN CENTRAL TEXAS OFFER A COVERED PARKING ACCOMMODATION TO THE RESIDENTS.
UM, THEREFORE IN EFFORTS TO MAKE MY HOME IN ACCOMMODATING PLACE TO LIVE, I HAVE BUILT THE CARPET WITH A COVERED ENGINE.
UM, IT'S, IT'S NOT A LUXURY IT'S IT'S.
I BELIEVE THAT IT'S MORE OF A NECESSITY AND CAN BE A GREAT SAFETY MECHANISM FOR PEOPLE WITH DISABILITIES AND OLDER CITIZENS.
UH, THE EXACT POSITION OF THE CARDBOARD
[03:45:01]
IS DIRECTLY IN FRONT OF THE, OF THE HOUSE.UM, AND IT'S CURRENTLY ENCROACHING INTO THE 25, UH, FEET, UH, SETBACK REQUIREMENT.
UM, HOWEVER, WE DO TAKE A CLOSER LOOK AT THIS PROPERTY.
UH, A COVER PARKING OPTION IS NOT VIABLE ANYWHERE ELSE WITHOUT INVADING INTO AN EASTMAN SET BACK REQUIREMENT OR A PROTECTED TREME.
UM, AS A MATTER OF FACT, THAT JUST NOTICE THAT ON THE SURVEYS, I DO NOT HAVE A MARQUIS TREE, BUT, UM, IF YOU'RE FACING OLD TOUR, THERE'S A TRAIN.
UM, ON THE LEFT-HAND SIDE, I'M SORRY IF YOU'RE FACING THE PROPERTY STANDING ON OLD TOUR, UM, THERE'S A TREE THERE, UH, THAT IS PROTECTED.
UM, AND, UH, SO AS YOU MAY KNOW, WE RECENTLY EXPERIENCED A EXTREMELY POWERFUL THUNDERSTORMS HERE IN AUSTIN WERE DAMAGE TO VEHICLES AND HUMANS WERE ALL TIME HIGH.
SO BROKEN TREE LIMBS LANDING ON CARS, HELD DAMAGED AND CHIPS AND SLIPS, UM, ARE, WERE VERY PROBABLE AND THE D.
AND SO I BELIEVE THAT THE CARPORT AND THE COVER PARKING ASSIST WITH THAT, UM, THE DESIGN OF THIS CAR PORT ITSELF DOES NOT OUT THERE THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY.
UH, NEITHER DOES IT INTERRUPT TRAFFIC VISIBILITY.
UH, THIS CAR PORT IS APPROXIMATELY 20 FEET FROM THE ACTUAL STREET, UH, GIVING THE APPEARANCE THAT THIS CARPET IS NOT REALLY ENCROACHING THE SETBACK.
AND THAT'S WHAT REALLY THREW ME OFF.
I WAS VERY CONFUSED ABOUT THIS.
UM, SO THE PLACEMENT OF THE CARDBOARD, UM, IS PRIMARILY OVER THE EXISTING PREVIOUS COVERAGE.
AND I DO WANT TO INTERSITE THAT THIS PROPERTY IS ON OLD TOUR.
THIS IS A VERY HIGH TRAFFIC STREET.
UM, AND MOST OF THE PEOPLE, I MEAN, OBVIOUSLY DRIVE VERY FAST, WHICH A VITAL ITEM THAT MUST BE CONSIDERED AS THE FOLLOWING.
UM, WE DON'T KNOW THAT, UH, THE POPULATION HERE IN AUSTIN IS GOING TO FINANCIALLY.
THEREFORE WE MUST UNDERSTAND THAT THE CRIME IS DEFINITELY IN THE RISE.
HOWEVER, JUST THIS LAST YEAR, UH, SOMEONE SHOT UP MY WINDOWS AND A FAMILY MEMBER WAS ACTUALLY A PACKED BY A PEDESTRIAN.
SO WHAT I'M TRYING TO SAVE THE DESIGN OF THIS CAR PORT ITSELF OFFERS PRIVACY AND, UH, FEEL THE SENSATION AT THE, AT LEAST BEING SAFE.
AND I THINK THE CITIZENS HERE OF THIS COMMUNITY NEED TO FEEL SAFE.
UM, AND IF YOU GO TO THE LIFELINE LAST SLIDE, UH, YOU CAN ACTUALLY SEE WHERE MY WINDOWS GOT SHOT AT ON THE SIDE OF THE HOUSE.
UM, AND THE POLICE REPORTS WERE DONE.
THAT WAS A VERY SCARY EXPERIENCE.
UM, THERE'S, UH, DEFINITELY, UH, THE DESIGN OF THIS CARPET PROVIDES SOME TYPE OF PRIVACY.
UM, I HAVE CONTEXT SEVERAL, UH, CONVERSATIONS WITH SEVERAL NEIGHBORS, UH, ABOUT THIS, ABOUT THE PORT AND THEY GET SHOW SUPPORT.
UM, I DON'T HAVE ANYTHING WRITTEN AT THE MOMENT, BUT I WILL BE HAPPY TO PROVIDE SOMETHING WRITTEN.
UM, AND I JUST WANT TO EMPHASIZE AS WELL THAT THE PROPERTY WAS BUILT IN 1956, I DID DO A REMODEL, BUT THE EXISTING GARAGE, UH, THAT WAS PART OF THE ORIGINAL HOUSE WAS NOT UP TO CODE TO THE DIMENSIONS OF THE GARAGE WAS NOT LARGE ENOUGH TO ACCOMMODATE MODERN VEHICLES.
UH, YOU COULD FIT ONE SMALL VEHICLE IN THE GARAGE IN THE GARAGE, BUT YOU CANNOT, UH, OPEN THE DOORS.
UM, AND OBVIOUSLY I AM THANKFUL THAT YOU'RE LISTENING TO ME AND I'LL BE HAPPY TO ANSWER ANY OF YOUR QUESTIONS.
UH, OOH, LOTS OF HANDS, UH, BOARD MEMBER RODRIGUEZ.
YOU WERE FIRST, UM, I DEFINITELY SUPPORT THE SAFETY OF YOU AND YOUR FAMILY, AND I WOULDN'T BE OPPOSED TO COMING UP RIGHT UP TO THE PROPERTY LINE.
HOWEVER, I DON'T THINK THERE'S ENOUGH INFORMATION HERE.
UM, YOU SAY THAT IT'S A STEEL FRAMED, UH, STRUCTURE WITH A METAL ROOF AND THERE'S, I DON'T KNOW WHAT THE EXISTING ROOF LOOKS LIKE.
I, I'M NOT ABLE TO TELL IF IT'S CONSISTENT WITH THE CHARACTER OF THE AREA.
UM, UNLESS I'M MISSING SOME DOCUMENTATION ON THAT.
I, I'M NOT SEEING IT AT LEAST IN THE PACKAGE.
UM, SO MAYBE IF YOU COULD PROVIDE SOME ADDITIONAL IMAGES.
UM, I, I BELIEVE I PROVIDE THE SITE PLAN.
I DO NOT KNOW WHAT TO EXPECT, UH, BUT I'LL BE HAPPY TO PROVIDE ADDITIONAL INFORMATION IF NEEDED.
UH, THE, THE CARPET DOES MATCH, UM, THE, THE HOUSE AND DOES NOT REALLY ALTER THE, THE CHARACTER OF THE AREA.
UM, UH, BUT I'LL BE HAPPY TO PROVIDE SOME PICTURES.
UM, I'M LOOKING AT THIS ON STREET VIEW.
AND SO, UM, NONE OF THE OTHER HOUSES ALONG THAT STREET HAVE ANYTHING THAT PROJECTS INTO THE SETBACK.
THEY'RE ALL SET BACK FROM THE STREET AND PROPERLY.
UM, AND THAT, AND VARIANCES LIKE THIS, THAT'S BUILT AT FIRST AND ASK FOR FORGIVENESS LATER.
UM, I ALWAYS ASK MYSELF, WOULD I HAVE APPROVED THIS? IF YOU BROUGHT THIS TO ME BEFORE YOU BUILT IT? AND THE ANSWER IS WE USUALLY WOULD,
[03:50:01]
WELL, I DON'T KNOW THAT WE WOULD HAVE EVER APPROVED ONE THAT GOES ALL THE WAY UP TO THE PROPERTY LINE, IF YOU WOULD HAVE LEGALLY BUILT IT INSTEAD OF ASKING FOR FORGIVENESS LATER.JESSICA, CAN I JUMP IN REAL QUICK? LET'S CHECK IF YOU'RE LOOKING AT THE STREET VIEW, LOOK EXACTLY ACROSS THE STREET, ONE HOUSE OVER OUR PART RIGHT THERE IN THE SETBACK, RIGHT UP TO THE FENCE LINE WHERE, UH, IT IS, THERE'S A DRIVEWAY AND THEY'RE BUILT INSIDE THE FENCE, BUT THERE'S NO COVER OVER IT.
IT'S LIKE KIND OF A, THERE'S TACTILE IN FRONT OF IT.
IT'S A FENCE, BUT THERE'S NO COVER.
THE CARDBOARD IS PART OF THE HOUSE.
IT DOESN'T STICK OUT IN FRONT OF THE HOUSE FROM WHAT I SEE.
I DON'T THINK THAT'S COVERED BEHIND THAT BUSH.
I MEAN, WITH THE CACTUS AND THE BOBBY.
THAT, THAT CARPORT IS LEGAL WHERE THAT WHITE CAR IS.
SO AM I JUST MISSING WHERE IT IS ON THIS OTHER ONE? LIKE IT'S NOT NEXT HOUSE THE SAME WAY.
NO, IT'S IN FRONT OF THE HOUSE ALL THE WAY TO THE SIDEWALK.
IF YOU GUYS ARE LOOKING AT, AT PHOTOS THAT THE REST OF THE WORLD CAN'T SEE THAT IT PUTS US AT A BIT.
I'LL UM, I'LL I DID WAS UP ON GOOGLE MAPS AND NO, NO, I UNDERSTAND.
I'M JUST SAYING NOW WE'RE GETTING INTO A DISCUSSION ABOUT IT AND IT'S LIKE, IT'S NOT PART OF THE BACKUP.
I WAS JUST TRYING TO GIVE Y'ALL SOME ACTIVATION FOR MEMORY LAYTON, BARB.
SO IT LOOKS LIKE A POSTPONEMENT IS IN ORDER.
AND, AND, AND THE, THE OTHER THING THAT I'D SAY IS THAT IN THE SORT OF ONLY SITE PLAN THAT SHOWS ANYTHING ABOUT THIS, WHICH IS F TO PAGE EIGHT, UH, THEY EXCEED THE IMPERVIOUS COVER TOO, ACCORDING TO THE ENGINEERS.
UM, YOU KNOW, UH, AND, AND SO, UM, UH, I THINK THAT THIS IS THE MAIN NEED TO BE REPOSTING, UM, AS WELL, BECAUSE, UH, IT SAYS NEW IMPERVIOUS COVER IS 45.9%.
UH, AND THE OLD IMPERVIOUS COVER WAS RIGHT AT THE LIMIT.
SO I THINK HE'S GOING TO BE ASKING FOR TWO VARIANCES, AT LEAST.
CAN I SAY SOMETHING? I BELIEVE IT WAS NO, SIR.
I JUST WOULD LIKE TO KNOW SOME MORE INFORMATION.
IT SOUNDS LIKE THIS IS GOING TO BE RESET, UM, ABOUT WHY IT HAD TO BE AT A ZERO.
IT HAD TO BASICALLY ALLOW FOR NO SETBACK WHATSOEVER.
I GUESS I WOULD LIKE TO KNOW THE RATIONALE.
WHY COULDN'T WE ALLOW FOR FIVE THEATER, TWO FEET OR THREE FEET, SOMETHING LIKE THAT.
AND I WOULD LIKE TO KNOW WHY YOU BUILT IT WITHOUT A PERMIT.
SO IF YOU COULD ASK THE QUESTION FIRST AND THEN BOARD MEMBER BAILEY.
I THINK THAT THE PUBLIC HEARING IS CLOSED AND YOU HAD YOUR FIVE MINUTES.
AND SO I THINK RIGHT NOW YOU SHOULD TAKE NOTES ABOUT WHAT EVERYBODY'S LOOKING FOR SO THAT WHEN YOU COME BACK, THAT YOU CAN BE REALLY PREPARED AND GIVE US A GREAT PRESENTATION.
THIS IS JUST WHERE YOU ANSWER QUESTIONS.
SO BOARD MEMBER, WAIT, COULD YOU REPEAT YOUR QUESTION PLEASE? SURE.
IT'S NOT GOING TO BE VERBATIM, BUT WHAT LED TO THE DECISION TO BUILD THE IMPROVEMENT TO WHERE THERE WAS ABSOLUTELY NO SETBACK AND ARE PUT ANOTHER WAY? WHY DIDN'T YOU ALLOW FOR AT LEAST TWO FEET OF A SETBACK OR FIVE FEET? IT WAS, UM, WELL, THE REASON I, I BUILD A CARPET WAS BECAUSE I DIDN'T HAVE COVERED PARKING.
UH, BUT, UH, AS FAR AS THE POSITION OF IT, UM, I WAS NOT AWARE OF, UH, BY DO I DO TAX LAW.
I DON'T, I DON'T REALLY KNOW MUCH ABOUT, UM, THE LAND USE REVIEW.
SO, UH, IN, IN REALITY, UM, DUE TO THE FACT THAT THE, THAT IF YOU STAND IN, YOU DRIVE BY THE PROPERTY, IT DOESN'T REALLY SEEM LIKE IT'S ENCROACHING INTO THE SETBACK, UH, DUE TO THE POSITION, BECAUSE FROM THE ACTUAL END OF THE PROPERTY LINE, ALL THE WAY TO THE STREET, THERE'S ABOUT 20 FEET MINIMUM.
UM, UNFORTUNATELY, UM, I, I GUESS IT'S, I MEAN, UH, I WENT INTO THE SETBACK ITSELF, BUT THAT WAS, THAT WAS THE REASON WHAT WOULD HELP ME IF THIS IS REHEARD, UM, ARE MAYBE SOME MORE PICTURES OF THE ACTUAL UNIT.
I DON'T, I SEE SOME PICTURES OF THE BROKEN WINDOWS AND THAT'S UNFORTUNATE, BUT I THINK THAT WOULD HELP ME UNDERSTAND MORE FOR REFERENCE
[03:55:02]
AND FOR NUMBER BARELY.COULD YOU PLEASE REPEAT YOUR QUESTION? WELL, MY QUESTION IS FOR NEXT MONTH, WHEN IT'S SUPPOSED TO POST, WHY WAS THIS BUILT WITHOUT A PERMIT? AND IF YOU HAD A CONSTRUCTION COMPANY DOING IT, THEY SHOULD HAVE KNOWN BETTER.
SO I'D LIKE TO KNOW WHO HE HAD BUILT IT AND WHY IT WAS, WHY NO PERMIT WAS PULLED FOR IT.
YOU DON'T NEED TO DO THAT RIGHT NOW AND TO ME RIGHT NOW.
UM, BUT I WOULD LIKE THOSE ANSWERS FOR NEXT MONTH BOARD MEMBER.
UH, NUMBER ONE, YOU SAID THAT THE GARAGE THERE WAS A GARAGE AND WHEN THE HOUSE WAS REMODELED, IT WASN'T LARGE ENOUGH TO ACCOMMODATE A VEHICLE.
WHAT HAPPENED TO THE GARAGE AND THEN NUMBER TWO, UM, THERE IS PARKING AVAILABLE ON THE SITE TO THE RIGHT OF THE HOUSE WITHOUT THE CAR PORT, CORRECT? UH, YES, SIR.
UH, BUT THAT IS WHERE THE GAS METER IS, AND WE TRY NOT TO GET TOO CLOSE TO THAT AND WE WOULD HAVE PLACED THE CAR PORT THERE.
UH, IT WOULD STILL BE IN THE EASEMENT.
JUST A PICTURE OF THAT, BY THE WAY.
AND, AND WHAT ABOUT THE GARAGE? WHAT HAPPENED WITH THE GARAGE? THE GARAGE WAS IN CLOSE TO A LIVING SPACE BECAUSE, UM, WHEN I WAS, UH, TALKING TO THE THEM, WHEN I WOULD HAVE MEETINGS WITH THE STRUCTURAL ENGINEER, UM, AS FAR AS, UM, EXTENDING THE FOUNDATION, WHERE ARE YOU GOING TO GET TO CLOSE TO THE PROTECT THE TREE? THAT'S ACTUALLY ON THE LEFT-HAND SIDE, WHICH IS GOING TO BE NEXT TO THE GARAGE WITH A CELL TO DEMONSTRATE IN THE, IN THE SURVEY, THERE'S A PROTECTIVE DEGREE.
WE'RE GOING TO GET TOO CLOSE TO THE, UH, CRITICAL ROOT ZONE.
THAT'S WHY WE COULDN'T ENLARGE THE FLAP.
I REMEMBER, GUESS I WAS JUST GONNA ADD TO, UH, TO PLEASE, UH, INCLUDE IN YOUR NEXT PRESENTATION, PLEASE INCLUDE, UH, IMAGES OF, UM, THE SURROUNDING BUILDINGS AND THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD, JUST SO WE CAN GET AN IDEA.
AND THEN ALSO, I, I THINK THAT PRIVACY CAN ALSO BE ACHIEVED, UM, BY LANDSCAPING LANDSCAPE ELEMENTS THAT, THAT, YOU KNOW, WOULDN'T BE AN ISSUE, UM, BOARD.
AND I JUST WANT TO BE SURE THAT, UM, THE IMPERVIOUS COVER, UH, ISSUE IS ADDRESSED AS WELL AS FILLING ANY THREES.
WELL, BASICALLY WE NEED, WE NEED MUCH MORE INFORMATION, BUT AGAIN, RIGHT NOW ON THE, UM, ENGINEERED SITE PLAN, THEY'RE GIVING YOU A DEDUCTION OF 450 SQUARE FEET FOR THE CARPORT AND REDUCTION THAT IS NOT AN IMPERVIOUS COVER.
THE DOCTRINE IMPERVIOUS COVER PROMPTS THAT, UH, THAT IS ONLY A FIRST FLOOR AREA, UH, ALLOWANCE AND, UH, AND HAS NOTHING TO DO WITH IMPERVIOUS POVERTY.
SO I THINK WE NEED A CLARITY ON WHAT YOUR EXISTING IN PERK DISCOVERIES AS WELL.
AND FOR THE RECORD, IT'S ASSET SIX, I THINK THAT THE PREVIOUS COVERAGE WAS FOR ASSETS AS OF THREE.
I DIDN'T SEE, I THINK, SEE NOW THAT IT'S ASSETS.
SO, UH, YEAH, YOU WOULD NEED TO FEED THEM, BUT REGULATIONS ON IT.
SO AS WELL, WHEN YOU MENTIONED THAT REPORT AND WHERE IT SAID WE WERE ACTUALLY THE POLL ON WHAT'S HOLDING IT UP IS USUALLY WHERE YOU MEASURE FROM, AND IT LOOKS LIKE YOUR POLES MAY BE IN THAT WOOD PIECE AT THE FRONT.
AND SO YOU'RE BECAUSE YOU HAVE THE DRIVEWAY, THEY DO CAN, YOU KNOW, GO IN WHICH I COMPLETELY UNDERSTAND YOU'RE ON ALL FOUR AND YOU ARE, IT, PEOPLE DO TRAVEL DOWN AT, AT, AT A VERY RAPID RATE.
YOU KNOW, YOU'RE COMING IN AND YOU'RE PARKING UNDER THE CARPORT, MORE OF A HORIZONTAL WHERE MOST PEOPLE WOULD BE PULLING INTO IT.
CAN YOU, CAN YOU TELL ME WHY IT SAYS WIDE AS IT IS? CAUSE I, I DON'T NECESSARILY THINK IT NEEDS TO BE THAT, THAT WIDE, BUT YOU, YOU CAN DO THAT FOR NEXT TIME.
IT'S JUST, YOU MIGHT WANT TO TELL ME WHERE THE POLLS ARE, JUST TO MAKE SURE THAT I'M THINKING ABOUT IT.
AND YOU MAY WANT TO TELL ME WHY IT'S AS WIDE AND, AND DEEP AS IT IS.
WELL, THANK YOU REALLY HELPFUL.
AND ONE OTHER THING YOU'RE TALKING ABOUT THE TREE ON THE LEFT SIDE, BUT YOU HAVEN'T SAID ANYTHING ABOUT THE TREE THAT'S IN THE FRONT.
THAT'S RIGHT UP AGAINST THE SIDEWALK.
OUR COURT THAT'S THE SAME SIZE AS THE ONE ON THE SIDE.
[04:00:01]
WITHIN THE CRITICAL ROOT ZONE OF THAT TREE? AND IF YOU CAN JUST GIVE US SOME INFORMATION WHEN YOU COME BACK, IF YOU CAN DO A TREE SURVEY SHOW, THE CRITICAL ROOTS ZONES AND SHOW YOUR STRUCTURES.CAUSE IT LOOKS TO ME LIKE YOU BUILT IT RIGHT UP AGAINST THAT TREE.
I SURE WILL GIVE YOU THAT INFORMATION.
SOMEONE WANT TO MAKE THE MOTION.
DOES IT NEED TO BE FOR TWO MONTHS, ELAINE? OKAY.
WE'VE ALREADY GOT 15 FOR NEXT MONTH.
UM, WE CAN ACCEPT A TOTAL OF 16 YOU CASES THAT DOESN'T INCLUDE THE POSTPONE CASES WE CAN HAVE.
AS MANY POSTPONED CASES I DO COULD HAVE SEEN YOU AND YOU CAN HAVE 16 SIGNS.
THERE'S ONE OR TWO JULY ON THIS ONE WE COULD DO JULY OR WE CAN DO AUGUST.
WHAT, UH, I MEAN, SINCE THE CORPORATES THERE IS, WHY DON'T WE JUST DO IT TILL AUGUST, RIGHT? IT'S NOT GOING ANYWHERE.
WE'RE NOT HOLDING IT, NOT GOING ANYWHERE.
AND IF THERE'S AN ENFORCEMENT ACTION, THE VARIANCE BEING APPLIED FOR A WILL.
SO THE MOTION IS TO POSTPONE TO THE AUGUST 9TH WEEK, MEANING AND OH, SORRY.
WAS THAT MELISSA? THAT MELISSA, I I'LL BE GLAD TO MAKE THE MOTION TO AUGUST 9TH, POSTPONED TO AUGUST 9TH ON THE SECOND.
SO MR. VALDEZ, IT'S, WE'RE GOING TO POSTPONE THE CASE TILL AUGUST 9TH.
PLEASE MAKE SURE YOU HAVE ALL THAT INFORMATION.
THE BOARD MEMBERS ASKED FOR WHEN YOU CAME BACK, IF YOU HAVE ANY QUESTIONS CALL YOU.
AND HOPEFULLY MICHAEL WILL BE BACK TOO.
AND Y'ALL GET TO SEE MICHAEL, HIS SENSE OF HUMOR, WHICH MAKES MY SENSE OF HUMOR.
SO NOW IS THE NEW PART I HAVE TO FIGURE OUT.
BUT WE'LL HAVE TO GIVE YOU A MICHAEL QUOTE, JUST SO YOU COULD GET BY TODAY, WHICH WOULD BE, YOU CAN PAINT IT WHITE, BUT IT'S STILL A COW.
[G-1 Discussion of the May 10, 2021 Board activity report]
UH, ITEM G ONE AS DISCUSSION ON THE MAY 10TH, 2021 BOARD ACTIVITY REPORT.I THINK DIANA, YOU GUYS ARE AWESOME.
DO I NEED TO DO ANYTHING ON THIS ONE? I JUST TO, TO THE NEXT ITEM.
JUST APPRECIATION FOR HOW AWESOME THEY ARE.
[G-2 Discussion and possible action to form a BOA Workgroup to review and propose changes to BOA Appeals (including, but not limited to, process and fees) Waiting New Appointments to BOA]
DISCUSSION AND POSSIBLE ACTION TO FORM A BOA WORK GROUP TO REVIEW AND PROPOSE CHANGES TO BLA APPEALS.AND THE NEW APPOINTMENTS ARE HERE, DON DIDN'T SHE START THAT ONE.
THAT'S SOMETHING YOU HAD DISCUSSED, SORRY.
OH, WELL IT'S, IT'S SORT OF AT Y'ALL'S DISCRETION.
YOU KNOW, THAT WAS SOMETHING THAT I, UM, HAD HIT IN.
WE WERE HITTING SOME ISSUES ABOUT, UH, APPEALS AND UH, THE LEGISLATURE WEIGHED IN ON THAT AND STUFF LIKE THAT.
SO I JUST WANTING US TO, I WAS WANTING US TO REVISIT THAT, UH, IF THE BOARD, SO, UH, MOVE IN AND, UH, AND LOOK AT WHAT, UH, WHAT, WHAT MIGHT BE DONE.
CAN WE GET AN UPDATE ON WHAT THE LEGISLATURE THAT AFFECTS US OR DO WE HAVE TO WAIT? CAUSE IT'S NOT ON THE AGENDA.
I DON'T THINK IT WOULD BE DISCUSSED NIGHT, BUT, UH, TH THEY DID.
[04:05:01]
I WOULD HAVE TO GO BACK IN MY NOTES, BROOKE, IF THIS HAS BEEN ON THERE FOR SO MANY MONTHS, NOW I HAVE TO SAVE IT.WELL, I WAS ALSO THINKING ABOUT THE HOUSE BILL THAT WAS GOING TO CHANGE HOW WE MAKE DECISIONS.
SO MAYBE AT THE NEXT MEETING, I'M SORRY, I SHOULDN'T BE TALKING ABOUT IT CAUSE IT'S NOT ON THE AGENDA, BUT IF WE COULD HAVE A PRESENTATION ON WHAT PAST, SO HOW ABOUT THIS ONE? HOW ABOUT IF BOARD MEMBER BAILEY AND BOARD MEMBER HAWTHORNE ASKED THAT WE HAVE AN AGENDA ITEM TO PLACE THE, UH, FOR POSSIBLE ACTION OF THE OUTCOME OF THE LEGISLATIVE CHANGES, UH, YOU KNOW, BOARD, CORRECT.
GOT IT FOR A TEXT SLEDGE OUTCOME, REFLECTING THE BLA.
WE'LL HAVE THAT ON THE AGENDA FOR NEXT MEETING.
[G-3 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). (Jan. 2021: Waiting New Appointments to BOA)]
THREE DISCUSSION AND POSSIBLE ACTION REGARDING POSTPONED VOA TRAININGS, ELAINE, UH, WHERE ARE WE AT WITH THAT? OR IS THIS SOMETHING WE CAN START MOVING FORWARD? WELL, WE'RE TRYING, BUT WE ARE TRYING TO GET THE OTHER DEPARTMENTS INVOLVED AND A LOT OF THEM ARE OUT FOR VACATION THE MONTH OF JULY.SO WE'RE STRUGGLING TO START IN JULY.
UM, SO IT LOOKS LIKE IT MIGHT BE AUGUST.
UM, WE'VE BEEN TRYING TO REACH OUT TO THREE DIFFERENT DEPARTMENTS AND A LOT OF THE PEOPLE WHO ARE REQUESTING TO MAKE PRESENTATIONS ARE GOING TO BE ON VACATION DURING THE TIME WHERE WE ARE REQUESTING.
IF I CAN HELP WITH THAT IN ANY WAY, I APPRECIATE YOUR EFFORTS ON OUR BEHALF.
AND AS WE HAVE NEW MEMBERS, IT'D BE VERY NICE IF WE COULD GET SOME TRAINING UNDER OUR BELT.
UM, BECAUSE, UH, WE HEAR A LOT OF LIKE LAKE AUSTIN CASES, AS WELL AS JUST YOUR KNOW, YOUR BASIC HARDSHIPS AND THAT TYPE OF THING.
I'LL TELL YOU WHAT I ACTUALLY HAVING A LONG AGENDA TONIGHT.
IT WAS ALMOST WORTH IT TO HAVE NO LIKE AUSTIN CASES I COST IN CASES ARE HARD TOO.
SO IT'D BE REALLY, GINA'S GOT HER BABY UP.
[G-4 Announcements]
UH, ANNOUNCEMENTS, ANY ANNOUNCEMENTS DONNA SHARED THAT THE NEW MEMBERS INTRODUCE THEMSELVES? YEAH, ABSOLUTELY.WHY DON'T WE DO THAT? LET'S UH, ALPHABETICAL TOMMY.
YOU WANT TO GO FIRST? UH, YES.
MY NAME IS TOMMY EIGHTS AND, UM, I I'M WITH THE, I ACTUALLY WORKED FOR THE CITY.
I WORK AT THE AUSTIN CONVENTION CENTER.
I'M A TECHNICAL WRITER AND, UM, I HAVE INTEREST IN URBAN ISM AND I LIVE IN HYDE PARK AND, UM, I, UH, BEEN WATCHING THE PAST MEETINGS AND I'M IMPRESSED WITH EVERYONE AND I'M JUST HERE TO LEARN AND, UM, AS MUCH AS I CAN.
MY NAME IS AUGUSTINA RODRIGUEZ.
UM, I'M AN AUSTINITE SINCE, UH, 96.
UM, I'VE BEEN AN ARCHITECTURAL DESIGNER FOR THE LAST 12 YEARS.
UM, MOST RECENTLY, UM, I WORKED WITH MICHAEL HSU OFFICE OF ARCHITECTURE, UM, FOR ALMOST SIX YEARS, UM, WORKING INDEPENDENTLY.
UM, I'M THE DIRECTOR OF COMMUNICATION FOR NOMA, UH, OF CENTRAL TEXAS, THE NATIONAL ORGANIZATION FOR MINORITY ARCHITECTS, WHICH I HELPED, UM, FOUND THE, UM, AUSTIN CHAPTER, THE S THE CENTRAL TEXAS CHAPTER.
NICE TO BE HERE WITH YOU GUYS.
DANTE YOU'RE LIKE, YOU ARE A LUCKY DUDE.
DID YOU WANT TO DO A LITTLE INTRODUCTION AGAIN FOR ALL THE NEW FOLKS? I KNOW YOU GIVE US A LITTLE SOMETHING LAST TIME.
YOU HAVE TO WHAT'S UP NICOLE?
UM, I'M A CONSTRUCTION LAWYER HERE IN AUSTIN.
UM, I MOSTLY DO HEAVY WAY LIKE CIVIL DISPUTES, UM, BREACH OF CONTRACT PAYMENT ISSUES.
[04:10:01]
SEVERAL MUNICIPALITIES THROUGHOUT THE STATE, THROUGHOUT THE STATE IN BID PROTESTS.UM, THEIR OWN CLAIMS FOR CONSTRUCTION.
DEEPAK'S, UM, I'VE BEEN AN ATTORNEY FOR SIX YEARS NOW.
MY HUSBAND IS ALSO AN ATTORNEY WHO WORKS AT THE AGS OFFICE.
WE MOVED TO AUSTIN IN 2019 TO BE CLOSER TO MY FAMILY THERE AND THE CHRISTIE AREA.
AND, UM, LAST SEPTEMBER WE MOVED TO SOUTHEAST AUSTIN AND WE HAVE TWO DOGS, SORRY, I'M AT THE OFFICE TONIGHT, SO I CAN'T SHOW THEM TO Y'ALL, BUT YOU'LL GET TO MEET THEM SOON.
BEING AN ALTERNATOR IS ALWAYS A TOUGH JOB.
UH, TELL US A LITTLE ABOUT YOURSELF.
I WORK AT GENSLER AND HAVE BEEN AN ARCHITECT THERE SINCE 2014.
UM, SO MELISSA HELPS US OUT ON A LOT OF OUR CASES AND, UH, REALLY APPRECIATE HER EXPERTISE.
UM, AND YEAH, EXCITED TO BE INVOLVED.
THE CAT TAIL THAT YOU SAW PERISCOPING IN FRONT OF ME WAS RUBY.
UM, SHE'S CUTE WHEN SHE, WHEN SHE WANTS TO BE IT'S.
UM, YEAH, I'M EXCITED TO BE HERE AND TO LEARN, LEARN MORE ABOUT HER CITY.
THANK Y'ALL SO MUCH FOR YOUR SERVICE.
IT'S GOOD TO HAVE DALE HERE FOR GROUP LOOKING FORWARD TO GETTING TO KNOW Y'ALL BETTER.
SO WE'LL HAVE ONE MORE PERSON AND THEN WE'LL HAVE OUR, OUR WHOLE GROUP, AND THEN THEY'D BE WORKING ON TRYING TO GET TRAINING FOR US ALL AND WITH COVID, UM, YOU KNOW, IT'S NOT BEEN THE EASIEST THING, CAUSE WE'RE, WE'RE LIMITED BY THIS, UH, CREATION OF WEB THAT, THAT ONLY GETS DONE BY THE CITY CLERK'S OFFICE.
AND SO HOPEFULLY, UH, ELAINE'S BEEN WORKING REALLY HARD TO TRY TO GET SOMETHING TOGETHER FOR US.
UM, IF THERE'S SOMETHING, YOU KNOW, ELAINE'S ALWAYS THERE FOR YOU, UH, LEE IS OUR LEGAL RESOURCE AND IF JESSICA OR I CAN HELP PLEASE FEEL FREE TO ASK.
UM, I THINK THAT MICHAEL HAS BEEN ON THE BOARD THE LONGEST AND MICHAEL'S A CARD, UH, MUTUAL APPRECIATE.
AND MICHAEL AND I USUALLY SIT NEXT TO EACH OTHER WHEN WE MEET IN PERSON.
UM, AND I ALWAYS SAY, AS LONG AS MICHAEL'S HERE, I'LL STAY AS SOON AS MICHAEL QUITS, I'M LEAVING.
UM, SO WE'RE KIND OF LIKE AT THE END, UH, LIKE WAITING FOR EVERYBODY TO KIND OF GET THERE.
AND, UH, SO MICHAEL HAS A SENSE OF HUMOR, BUT, UH, UH, I THINK, I THINK HE'S ON LONGEST THAN I'M NEXT.
AND THEN DON IS LEAVING US AND DON MUCH APPRECIATION FOR YOU.
I, YOU MAKE ALL, EVERYTHING LOOK SO EASY AND I SURE WILL MISS YOUR, YOUR, UH, PARTICIPATION, YOUR WIT, UH, AND AN OCCASIONAL SNARK.
YES, BUT SHE SAID WHAT? SHE SAID 100%.
CAUSE GOD, YOU MADE IT LOOK EASY.
IT'S IT'S NOT AS EASY AS I THOUGHT IT WAS GOING TO BE.
IT'S, IT'S HARD WHEN YOU HAVE TO SEE YOURSELF AND TALK AND KEEP TRACK OF EVERYTHING AT THE SAME TIME.
BUT WHICH IS SORT OF BRINGS ME TO A REMINDER, UM, THAT WE'RE PROBABLY GONNA START EATING PORTION EITHER NEXT MONTH OR IN AUGUST AT THE VERY LATEST, THE WAY THINGS ARE LOOKING RIGHT NOW.
SO KEEP YOUR EYES OPEN FOR AN EMAIL, FROM A LEAN, UH, ABOUT THAT.
AND WE'LL KEEP YOU ALL UPDATED SO REAL QUICK.
[G-5 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests]
LET'S GET THAT ONE OVER WITH, UH, I'VE GOT THE, UH, AGENDA ITEM FOR NEXT MONTH ON LEAN, TEXAS LEDGE OUTCOMES THAT AFFECT THE BLA.ANY OTHER NEW BUSINESS ITEMS, STAFF REQUESTS.
WE MIGHT'VE JUST UNDER THE WATER.
WHEN WE MEET LIVE, I'M HOPING YOU'RE GOING TO TELL ME WE'RE MEETING AT CITY HALL BECAUSE THAT'S WHAT WE'RE PUSHING FOR RIGHT NOW BECAUSE ME THAT WE'RE NOT MEETING IN CITY HALL, MICHAEL AND I ARE GOING TO RUN AWAY PLEASE.
DON'T LIFE'S SO HARD BY A GREAT NIGHT.
CITY HALL, AB TECH TO DANIEL, DANIEL.
[04:15:01]
THANK YOU, JESSICA.WELL, I KNOW IT'S HARD BECAUSE WHEN YOU'RE TRYING TO DO IT AND YOU SEE YOURSELF AND YOU'RE TRYING TO KEEP A TRACK OF EVERYBODY, LIKE, AND THEN YOU, LIKE, IT FEELS LIKE YOUR WORDS ARE STUCK, EVEN THOUGH THEY'RE NOT, IT FEELS LIKE THEY ARE.
AND LIKE, YOU'RE LIKE, AM I, AM I STAGGERING OVER THIS AGENDA? LIKE I STARTED THE AGENDA ON LIKE EVERY ITEM ON SHOULD ALL THESE SUNDAY AND LIKE MIGHT AS WELL, JUST NEVER LOOKED AT IT BY THE TIME, YOU KNOW, JUST