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[00:00:04]

ALL RIGHT.

[CALL TO ORDER]

GOOD EVENING.

I CALLED THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR SEPTEMBER 22ND, 2021.

LET THE RECORD REFLECT THAT THE TIME IS 6 47 AND MY APOLOGIES FOR THE LATE START.

UM, AS YOU CAN SEE, WE'RE ALL GETTING USED TO BEING BACK IN PERSON.

UM, BUT I'M WORDING UPWARD.

MY NAME IS ANDREA FREIBURGER.

I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

WELL, THE OTHER COMMISSION MEMBERS PRESENT TONIGHT, PLEASE STATE YOUR NAMES AND I'LL START WITH YOU.

UH, COMMISSIONER MILLER, ELIZABETH MUELLER, EDGAR FOR DISTRICT EIGHT, EDWARD SOLER, DISTRICT 10 DISTRICT ONE DISTRICT TWO WORDY THOMPSON, DISTRICT THREE.

THANK YOU.

AND SOME OF THESE DOS TO ADD DISTRICT SEVEN, JOINING BY VIDEO CONFERENCE.

THANK YOU, COMMISSIONER STUD.

AND, UH, IT APPEARS WE DO NOT HAVE COMMISSIONER GREEN WITH US THIS EVENING, AT LEAST NOT YET.

UM, IF HE DOES JOIN US, WE'LL HAVE HIM INTRODUCE HIMSELF TONIGHT.

THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.

THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF IT IS APPROPRIATE, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.

SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS, AND OF COURSE, TONIGHT, AS WE ARE IN THE MIDDLE OF THE PANDEMIC, WE ARE REQUIRED TO KEEP OUR MASKS ON, UM, WHEN SEATED AND NOT SPEAKING, IF YOU ARE SPEAKING, WHEN YOU COME UP TO THE PODIUM, IF YOU ARE MORE COMFORTABLE DOING SO, YOU MAY, UH, YOU KNOW, REMOVE YOUR MASK WHILE YOU'RE SPEAKING.

AND THE SAME GOES FOR FELLOW COMMISSIONERS TOO.

IT'S YOU KNOW, PLEASE KEEP YOUR MASK ON UNLESS YOU'RE SPEAKING.

AND THEN IT'S YOUR CHOICE.

UH, THE COMMISSION'S COORDINATOR, MELANIE ALLIE, WE'LL WE'LL CALL EACH CASE ON THE AGENDA.

UM, MELANIE, IF YOU WANT TO THANK YOU WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT AT THE TABLE IN FRONT OF THE COMMISSION OR IN THIS CASE, ACTUALLY, UM, PLEASE STEP UP TO THE PODIUM.

WHEN IT'S YOUR TURN TO TALK, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.

FIRST, AFTER EACH CITY, WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.

ONCE THE CITY HAS CONCLUDED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.

YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.

WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.

AND AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.

AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED.

THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.

WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION THIS EVENING, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN THAT WOULD INCLUDE ANYONE OFFERING, UM, YOU KNOW, PUBLIC COMMENT.

GREAT.

DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.

OKAY.

THANK YOU.

UH, IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING, ACTUALLY.

UM, MS. SALLY, I DID WANT TO SUGGEST THAT PERHAPS WE WOULD TAKE CASES FOUR AND FIVE BEFORE.

I'M SORRY.

ITEMS NUMBER FOUR AND FIVE BEFORE ITEM NUMBER ONE.

OKAY.

YES.

AND I DON'T BELIEVE YOUR MICROPHONE IS ON MR. ALLEN, WOULD YOU LIKE TO APPROVE

[APPROVAL OF MINUTES]

THE MINUTES FOR THE JUNE? THE, THE REVISED MINUTES FOR THE JUNE MEETING AND THE REGULAR MINUTES FOR THE AUGUST 25TH MEETING? UH, YES.

I THINK WE SHOULD CONSIDER THAT.

UM, HAS ANY, HAS

[00:05:01]

EVERYONE HAD A CHANCE TO LOOK AT THE MINUTES FROM PREVIOUS MEETINGS? YES.

COMMISSIONER MILLER.

UM, I REMEMBERED AT THE END OF THE LAST MEETING THAT WE ASKED FOR BRIEFING ON THE 9,500 DESA ROAD CASE AS A FUTURE AGENDA ITEM.

YES.

BUT I DON'T SEE THAT REFLECTED IN THE MEAN AND THE MINUTES.

CORRECT.

WE WILL TALK ABOUT THAT.

UH, AT THE END OF OUR MEETING, ACTUALLY AN ITEM NUMBER SEVEN WOULD BE A GOOD TIME TO TALK ABOUT THAT.

OKAY.

YES.

COMMISSIONER SEELIG.

I MOVE THAT.

WE ACCEPT THE MINUTES AS SUBMITTED.

WOULD ANYONE LIKE TO SECOND COMMISSIONER THOMPSON? SECOND.

OKAY.

ALL IN FAVOR OF APPROVING THE MINUTES FOR THE JUNE 23RD, 2021 AND AUGUST 25TH, 2021 REGULAR MEETINGS OF THE BUILDING AND STANDARDS COMMISSION.

HE HAS A QUESTION.

OH, I'M SORRY.

YES, COMMISSIONER.

NO, NO.

I WAS JUST PREPARED TO VOTE.

AYE.

SORRY.

OKAY.

THANK YOU.

COMMISSIONER MILLER.

DID YOU HAVE A QUESTION OR WERE YOU JUST TRYING TO GET MY ATTENTION? OKAY.

OKAY.

ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

ANYONE OPPOSED? AND NO ONE ABSTAINED.

OKAY.

OKAY.

MINUTES ARE APPROVED CHAIR.

[CITIZEN COMMUNICATION: GENERAL ]

I BELIEVE WE HAVE, WE MAY HAVE SOMEONE HERE FOR CITIZENS COMMUNICATION.

THAT IS CORRECT.

YES.

I BELIEVE WE HAVE A COUPLE OF PEOPLE.

THANK YOU.

UM, DO WE HAVE CHARLIE DARCELL? OKAY.

THANK YOU.

IF YOU WOULD PLEASE COME DOWN AND IS LEO BOHO WITH YOU TONIGHT ALSO OR NOT? NOT.

OKAY.

UH, I SENT IN A SMALL PRESENTATION.

THAT'S AVAILABLE.

IT'S GOING TO BE SAY AT THE BEGINNING OF THIS SUBSTANCE COMMUNICATION.

OKAY.

I'M SORRY.

DO WE HAVE THAT AVAILABLE IN OUR READERS? DO WE KNOW? THERE WE GO.

OKAY.

OKAY.

IF YOU COULD PLEASE JUST INTRODUCE YOURSELF SO THAT WE GET THE CORRECT PRONOUNCING PRONUNCIATION OF YOUR, UM, MY NAME IS CHARLIE I'M WITH THE DRAENOR GROUP ON BEHALF OF DALTON WALLACE, THE OWNER OF THREE PROPERTIES ON CONGRESS AVENUE, UM, 9 0 7, 9 0 9 AND NINE 11.

UM, I'M JUST HERE TO GIVE A QUICK REMINDER OF WHERE WE ARE AND KIND OF A PROGRESS REPORT WITH RESPECT TO THIS MATTER.

SO YOU CAN GO TO NEXT SLIDE, PLEASE.

UH, THIS IN FALL 2020, THE NEIGHBORS MADE COMPLAINTS ABOUT THE STATUS OF THE BUILDINGS.

UM, WE SPENT A COUPLE OF MONTHS WORKING WITH THE HISTORIC LANDMARK COMMISSION TO CRAFT A PLAN THAT WOULD SATISFY THEIR NEEDS FOR DEMOLITION.

UM, LATER WE RESPONDED TO A SEC SECURE THE FACADE ORDER FROM THE COMMISSION AND CONTINUED WORKING TO COME INTO COMPLIANCE.

OR RIGHT NOW WE'RE UNDER AN ORDER REQUIRING THAT WE COME INTO COMPLIANCE.

AND SO ANY STEP FORWARD FOR US WOULD HAVE REQUIRED APPROVAL FROM THE HISTORIC LANDMARK COMMISSION.

AND WE IN JULY, WE RECEIVED APPROVAL FOR OUR PLANS FOR DECONSTRUCTION AND RECONSTRUCTION OF THE FACADES.

FOR TWO OF THE THREE BUILDINGS, WE WERE DENIED OUR APPLICATION WITH RESPECT TO THE THIRD BUILDING 9 0 9 CONGRESS AVENUE, BUT WE APPEALED THAT TO THE PLANNING COMMISSION AND LAST WEEK, UH, RECEIVED APPROVAL FOR THAT APPLICATION AS WELL.

SO GOING FORWARD, THERE'S REALLY ONLY ONE MORE APPROVAL THAT WE NEED IN ORDER TO BRING SITE PLAN EXEMPTION AND DEMOLITION PERMIT APPLICATION FOR EACH SITE.

UH, AND THAT IS A RELATED RESTRICT, RESTRICTIVE COVENANT NEEDS APPROVAL FROM COUNCIL.

UH, THAT REQUIRES US TO BRING THE FACADES BACK WITHIN THREE OR THREE YEARS OF DEMOLITION.

SO IF YOU COULD MOVE TO THE NEXT PAGE, I'M JUST HERE TO LET YOU KNOW THAT OUR NEXT STEP IS TO BRING THAT ITEM BEFORE COUNCIL ON THEIR OCTOBER MEETING.

NOW THAT EVERYTHING WAS RE NOTICED, AND WE'LL KEEP YOU UPDATED ON OUR NEXT STEPS, WHICH WILL BE MAKING THE SITE PLAN EXEMPTION AND DEMOLITION DEMOLITION PERMIT APPLICATIONS.

IF YOU HAVE ANY QUESTIONS, I'D ALSO BE HAPPY TO ANSWER THEM.

OKAY.

THANK YOU.

UM, WE WERE ACTUALLY NOT POSTED FOR DISCUSSION, SO, UM, WE'RE NOT REALLY ALLOWED TO ASK YOU ANY QUESTIONS THIS EVENING, BUT WE DO APPRECIATE YOU PROVIDING THE UPDATE AND, UH, HOPEFULLY THIS WILL HELP US TO KEEP THIS CASE FRESH IN OUR MINDS AS IT, AS IT CONTINUES.

THANK YOU, COMMISSIONERS.

[00:10:02]

HEY CHAIR.

I DON'T, DO WE HAVE ANYONE ELSE ON THE, WE DO.

YES.

UH, I BELIEVE CHRIS RILEY IS HERE.

YES.

IF YOU'D LIKE TO GO AHEAD AND PLEASE INTRODUCE YOURSELF AND TELL US WHY YOU'RE HERE.

GOOD EVENING COMMISSIONERS.

MY NAME IS CHRIS RILEY.

I'M HERE TONIGHT ON BEHALF OF J REDDY WHO OWNS THE PROPERTY AT 7 0 7 WEST 14TH STREET THAT YOU SEE PICTURED THERE.

THAT WAS THE SUBJECT OF THE COMMISSION'S ORDER IN THE CASE YOU SEE MENTIONED THERE, UH, AND I'M HERE TONIGHT TO ASK YOU TO PLACE THAT CASE ON YOUR AGENDA ON AN UPCOMING AGENDA SO THAT WE CAN DISCUSS THE PENALTIES THAT IN, UM, IN FEBRUARY, THIS COMMISSION DID ISSUE AN ORDER REQUIRING THE BUILDING TO BE REPAIRED OR DEMOLISHED WITHIN 90 DAYS.

MR. READY IS NOW THE SITE IS NOW IN FULL COMPLIANCE.

UH, THE BUILDING HAS BEEN DEMOLISHED, BUT IT TOOK A LITTLE LONGER THAN EXPECTED.

UM, AND AS A RESULT, MR. REDDY IS NOW FACING $10,000 IN FINES.

AND THAT'S WHY WE'RE ASKING THE COMMISSION TO CONSIDER PLACING THIS ON AN AGENDA SO THAT WE COULD DISCUSS, UH, POTENTIALLY LOWERING THOSE FINES.

AND I'LL GET INTO WHY, IF WE COULD, IF WE COULD MOVE IT TO THE NEXT SCREEN, THE, UH, MR. READY, UM, AND AT THE COMMISSIONS HEARING ON FEBRUARY 24TH, UH, THE STAFF ASSURED THE COMMISSION THAT DEMOLISHING THE PROPERTY.

IF MR READY, UH, READY, WAS WORKED TO DEMOLISH THE PROPERTY, HE WOULD JUST NEED TO GET A DEMO PERMIT, WHICH WE A BUILDING PERMIT BASICALLY.

AND THE COMMISSION EXPECTED THAT IT COULD EASILY BE DONE IN 90 DAYS.

UNFORTUNATELY IT TURNED OUT TO BE NOT QUITE THAT SIMPLE.

AND IT TOOK SOMEWHAT LONGER THAN EXPECTED.

MR. REDDY DID MOVE VERY QUICKLY TO GET, UM, THE ASBESTOS INSPECTION AND EVERYTHING NECESSARY TO GET THE BUILDING DEMOLISHED.

HE SUBMITTED THE APPLICATION FOR THE DEMOLITION PERMIT LESS THAN A MONTH AFTER THE ORDER.

UH, BUT THEN YOU CAN'T, THEY CAN'T CONSIDER THE DEMOLITION PERMIT WITHOUT A SITE PLANNING EXEMPTION AND SITE PLAN EXEMPTION HAS TO GO THROUGH A PROCESS THAT IS COMPARABLE TO A SITE, THE SITE PLAN ITSELF.

UM, AND THAT, THAT PART OF CITY STAFF HAS BEEN EXPERIENCING A LOT OF DELAYS.

THEY INITIALLY SAID ALLOW 12 TO 14 DAYS.

AND SO WE KEPT FALLING, FOLLOWING UP TO SEE WHERE IT STOOD AFTER THAT TIME HAD PASSED.

AND THEY WERE REPEATEDLY TOLD, SORRY, WE'RE WE'VE, WE'RE, WE'RE BEHIND.

WE APOLOGIZE FOR THE DELAY.

WE DON'T HAVE A TIMELINE TO GIVE YOU.

AND THE SITE PLAN DIDN'T GET APPROVED UNTIL JULY, RIGHT IN THE MIDDLE OF THIS TIME, YOU MAY RECALL THIS IS RIGHT WHEN THE, THE AUSTIN MONITOR RAN A STORY ON APRIL 26, REPORTING THE SITE PLANS AND EXEMPTIONS WERE EXPERIENCING SUFFERING SIGNIFICANT DELAYS.

THIS WAS NOT A PROBLEM FOR HIM ALONE THIS, AND, UH, AND I DON'T MEAN TO FAULT ANY STAFF STAFF WE'RE DOING THE BEST JOB THAT THEY COULD UNDER A VERY DIFFICULT SITUATION DEALING WITH COVID AND STAFFING SHORTAGES AND OFFSITE WORKING AND ALL SORTS OF CHALLENGES.

EVERYBODY WAS DOING THE BEST THEY COULD, BUT IT DID TAKE LONGER THAN EXPECTED.

AS SOON AS MR. RAY GOT THE SITE PLAN EXEMPTION THAT THE DEMO PERMIT STAFF RE ABLE TO FILE THE DEMO PERMIT AND MOVE ON THAT.

AND AS SOON AS IT GOT APPROVED, HE IMMEDIATELY WENT OUT AND GOT IT DEMOLISHED RIGHT AT THE BEGINNING OF AUGUST.

BUT SO MUCH TIME HAD PASSED THAT HE WOUND UP BEING 10 WEEKS, 10 WEEKS LATE.

AND AS A RESULT, HE'S NOW YOU NOW HE FACES $10,000 OF, OF FEES, WHICH IS A SIGNIFICANT AMOUNT FOR HIM.

HE'S NOT A DEVELOPER.

HE, THIS IS HE'S TRYING TO BUILD A SMALL APARTMENT BUILDING FOR HIS OWN FAMILY AND OTHERS ON A VERY CHALLENGING SITE.

AND IT HAS BEEN DIFFICULT IN EVERY WAY.

AND SO WE REALLY HOPE THAT KIM'S PETITIONER WILL PLACE THIS ON A FUTURE AGENDA.

OKAY.

THANK YOU FOR COMING TO TALK, TALK WITH US ABOUT THIS.

WE WILL TAKE THIS UP FOR, TO TALK ABOUT FUTURE AGENDA ITEMS. AND SHOULD I STICK AROUND FOR THAT? UH, IT'S UP TO YOU ENTIRELY.

UM, NOT NECESSARILY.

IT MIGHT BE A COUPLE OF IF THE COMMISSIONER WOULD LIKE TO ASK HER WHAT HAVE YOU, BUT THE DISCUSSION THEN REALLY IT WOULD JUST BE A DISCUSSION AMONGST OURSELVES.

IF WE DECIDE IT'S WORTH PUTTING ON THE, ON A FUTURE AGENDA ITEM OR NOT, I CAN'T SPEAK TO WHAT OUR DECISION MIGHT BE YET.

OKAY.

SO THANK YOU.

THANKS VERY MUCH.

OKAY.

THANK YOU.

SURE.

DO WE HAVE ANYONE ELSE FOR CITIZENS COMMUNICATION? NOT THAT I AM AWARE OF.

THOSE ARE THE ONLY TWO THAT I I HAD, SO I BELIEVE WE ARE READY TO MOVE ON TO THE AGENDA ITEMS. SO WE'RE MOVING TO INSIDE.

I'M SORRY.

I WOULD LIKE TO MOVE TO, UM, ITEMS NUMBER FOUR AND FIVE.

OKAY.

IF THAT'S ACCEPTABLE TO YOU, I BELIEVE.

AND I'M SORRY.

THE REASON FOR DOING THAT IS I BELIEVE WE DO HAVE THE PROPERTY REPRESENTATIVE HERE RIGHT NOW.

UM, DO WE HAVE HIM HERE? LET'S LET'S CONFIRM THAT.

UH, DO WE HAVE, THAT WOULD BE, UM, MR. WAYNE WOOD? YES.

OKAY.

FORGOT MY GLASSES.

OKAY.

OKAY, GOOD.

DO WE HAVE MR. WAYNE WOOD HERE? WE DO.

YES, WE DO.

AWESOME.

OKAY.

[00:15:06]

NEXT

[Items 4 & 5]

[4. Case Number: CL 2021-104822]

[5. Case Number OL 2021-104824 ]

ON THE AGENDA WILL ITEMS NUMBER FOUR AND FIVE ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION OR REGARDING TO RESIDENTIAL STRUCTURES ON ADJOINING PROPERTIES LOCATED AT 7 2 0 2 AND 7, 204 BETHUNE AVENUE.

BOTH STRUCTURES HAVE SUBSTANDARD CONDITIONS REQUIRING REPAIR CASE NUMBERS ARE AS FOLLOWS 7 2 0 2, BUT THEN AN IS CASE NUMBER CL 20 21 1 0 4 8 2 2 AND 7 2 0 4.

BETHUNE AVENUE IS CASE NUMBER C L 20 21 1 0 4 8 2 4.

THE EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN THE GOOGLE DRIVE FOLDER.

ACCORDING TO T CAD, BOTH PROPERTIES ARE THAT'S TRAVIS CAMPBELL COUNTY APPRAISAL DISTRICT.

BOTH PROPERTIES ARE OWNED BY ENTITIES RELATED TO ST.

JOHN'S CHURCH OF CHRIST AT THIS TIME, CAN OUR PROPERTY REPRESENTATIVE, MR. LUKE WAYNE WOULD COME UP TO THE PODIUM OR JUST, I GUESS HE CAN WAIT FOR A MINUTE.

WE'VE GOT THE PRESENTER.

AS YOU MAY RECALL, THESE TWO CASES WERE HEARD IN AUGUST.

THE CASES WERE CONTINUED AND THE PROPERTY OWNER, MR. GREENWOOD WAS ASKED TO RETURN THIS MONTH WITH THE FOLLOWING INFORMATION AND RELEVANT DOCUMENTATION OR ROOFING ESTIMATE, OR QUOTE MORE INFORMATION ON THE PROGRAMS THAT PROVIDE ASSISTANCE FOR REPAIRS, INCLUDING A WAITLIST ESTIMATE, AS WELL AS A PLAN FOR MAKING THE REPAIRS IN THE GOOGLE DRIVE FOLDER.

YOU'LL FIND THE FOLLOWING EXHIBITS ONE THROUGH FOUR, WHICH WERE PREVIOUSLY ADMITTED, EXHIBITS FIVE AND SEVEN, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT SIX, EIGHT THROUGH SIX E AND EIGHT, EIGHT THROUGH EIGHT D, WHICH CONSISTS OF PHOTOS OF EACH OF THE CASES REPRESENTED AS WELL AS A COMBINED RECOMMENDED ORDER.

AUSTIN CODE INSPECTOR.

ERIC GARDNER IS HERE TONIGHT TO PRESENT THE PHOTOS IN BOTH CASES MARKED AS EXHIBIT SIX, EIGHT THROUGH 60 AND EIGHT, EIGHT THROUGH EIGHT D.

AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOGRAPHS INSPECTOR GARDNER, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

MY NAME IS ERIC GARDNER, AND I'M A CODE OFFICER WITH THE CITY OF AUSTIN'S CODE DEPARTMENT.

AND I'VE BEEN ASSIGNED TO THIS CASE.

I'M HERE TO DISCUSS THE PROPERTY AT 7,202 AVENUE ON APRIL 7TH, 2016.

THE CODE DEPARTMENT RECEIVED A COMPLAINT REGARDING A STRUCTURE IN SUBSTANDARD CONDITION.

THE COMPLAINT WAS ORIGINALLY ASSIGNED TO CODE OFFICER RODDY, SALAZAR, AND SUBSEQUENTLY TREACHER TO ME ON JULY 8TH, 2021 ON JUNE 30TH, 2016, AN INSPECTION WAS CONDUCTED AND THE CODE DEPARTMENT SENT THE NOTICE OF VIOLATION TO THE REGISTERED OWNER OF THE PROPERTY IN ACCORDANCE WITH TRAVIS CENTRAL APPRAISALS DISTRICT RECORDS FOR THE SUBSTANDARD CONDITIONS THAT WERE FOUND, OBSERVED ROTTEN FACIA AROUND THE FRONT AND SIDES OF THE STRUCTURE OBSERVED CHIPPING PAINT ON THE STRUCTURE FRONT AND SIDE, MISSING SIDING ON THE NORTH SIDE OF THE STRUCTURE AND OBSERVED MISSING SHINGLES AND RUNNING WOOD ON THE ROOF.

ON FEBRUARY 6TH, 2017 CASE RECORDS SHOW CONTACT WAS MADE WITH THE OWNER WHO STATED THAT THEY WERE WORKING WITH ANOTHER CHURCH TO HELP FIX THE PROBLEMS ON JUNE 12TH, 2019, THE FOLLOW UP INSPECTION WAS CONDUCTED, AND IT WAS FOUND THAT THE STRUCTURE REMAINED A SUBSTANDARD CONDITION WITH NO REPAIRS BEING MADE ON THAT SAME DAY.

A NEW NOTICE OF VIOLATION WAS SENT IN CASE RECORDS REFLECT.

IT WAS SIGNED FOR ON OCTOBER 15TH, 2020.

THE CODE DEPARTMENT SENT NEW NOTICES OUT TO THE PROPERTY OWNER THAT WERE ALSO ASSIGNED FOR ON FEBRUARY 11TH, 2021, A FOLLOW UP INSPECTION WAS CONDUCTED, AND IT WAS FOUND THAT THE STRUCTURE REMAINED A SUBSTANDARD CONDITION WITH NO REPAIRS MADE NOTICE OF VIOLATION WAS POSTED ON THE PROPERTY THAT SAME DAY ON SEPTEMBER 14TH, 2021, I CONDUCTED AN INSPECTION OF THE PROPERTY AT 72 0 2 BETHUNE AND OBSERVED THE ROOF.

SHINGLES WERE REPAIRED AND REPLACED WITH NEW ONES.

THE DAMAGED FACIA BOARDS WERE REPLACED IN THE DAMAGE ON AND REPAIRED THE SOUND CONDITION.

THE WEATHER PROOFING WAS REPAIRED AND A NEW COAT WAS APPLIED TO THE STRUCTURE.

THERE WAS STILL A BOARDED UP DOORWAY ON THE SOUTH SIDE OF THE STRUCTURE AND THE SIDING WAS STILL DAMAGED ON THE LOWER NORTHEAST CORNER OF THE STRUCTURE FOLLOWING MY INSPECTION OF 72 0 2 AT THE END, INSPECTED 72, A FOUR, BUT THROUGH AND OBSERVED THE STRUCTURE REMAINED IN THE SAME SUBSTANDARD CONDITION, NO REPAIRS HAVEN'T BEEN MADE.

I WENT, I'LL TAKE YOU THROUGH THE EXHIBIT PHOTOS.

THIS PHOTO IS A CONTEXTUAL VIEW OF THE PROPERTY.

UM, IN THIS PHOTO, YOU CAN ALSO SEE THE WEATHER PROOFING WAS APPLIED TO THE EXTERIOR WALLS OF THE STRUCTURE.

YOU'LL ALSO NOTE THAT THE FACIAL BOARDS WERE REPLACED AND PAINTED AS WELL.

NEXT SLIDE, PLEASE.

THIS PHOTO IS FROM BETHUNE AVENUE HERE.

YOU CAN SEE HOW THE ROOF SHINGLES HAVE BEEN REPLACED.

YOU CAN SEE HOW THE AWNING

[00:20:01]

OR ROOF OVERHANG HAS BEEN REPAIRED, THE, UH, SOUND CONDITION.

YOU CAN ALSO NOTE THAT THE WEATHERPROOFING WAS REPLIED THROUGHOUT THE EXTERIOR WALLS OF THE STRUCTURE.

NEXT SLIDE, PLEASE.

HERE'S A CORNER.

IT'S A LITTLE BIT OF A CLOSEUP PICTURE.

WHAT THIS IS HIGHLIGHTING, AS YOU CAN STILL SEE THAT THERE'S DAMAGE TO THE SIDING IN THE LOWER LEFT CORNER OF THE STRUCTURE.

YOU CAN ALSO NOTE THAT THERE'S NEW FACIAL BOARDS INSTALLED THAT HAVE NOT BEEN PAINTED YET.

UM, NEXT SLIDE, PLEASE.

THIS IS A CLOSEUP VIEW OF WHAT'S REMAINING, UM, OF THE DAMAGED SIDING.

WE STILL HAVE A COUPLE OF HOLES RIGHT THERE AT THE BOTTOM.

NEXT SLIDE, PLEASE.

HERE'S A VIEW OF THE PROPERTY.

THIS IS FROM ST.

JOHN'S AVENUE.

THIS IS SHOWING THE BOARDED UP DOORWAY.

UM, BUT FROM THIS VIEW, YOU CAN ALSO TELL THAT THE PAINT WAS APPLIED TO THE EXTERIOR WALLS AND THE ROOF SHINGLES HAD BEEN REPAIRED.

NEXT SLIDE, PLEASE.

THIS IS A CONTEXTUAL VIEW OF THE 7,204, BUT THROUGH AN AVENUE FROM BETHUNE AVENUE, UM, FROM THIS PHOTO, YOU CAN ALSO SEE HOW THE WEATHERPROOFING IS MISSING THE CHIP PAINT, AS WELL AS THE ROOF OVERHANGING EXTENSION OF SAGGING AND BEGINNING TO COLLAPSE.

NEXT SLIDE, PLEASE.

THIS IS A LITTLE BIT OF A CLOSEUP, SO YOU CAN FURTHER UNDERSTAND THE ROOF DAMAGE AND THE EXTENT OF THE SHINGLES AND HOW THAT AWNING IS LEANING AND IN DANGER OF COLLAPSING, AS WELL AS THE CHIPPED PAINT TO THE EXTERIOR WALLS.

THE NEXT PHOTO, PLEASE.

THIS IS THE CLOSE-UP VIEW WHERE YOU CAN SEE THE DAMAGE TO THE ROOF THAT YOU CAN SEE SKY THROUGH THAT ROOF OVERHANG.

UM, THAT AREA IS SEVERELY DAMAGED, POTENTIALLY ALLOWING A LOT OF WEATHER TO THE INSIDE OF THE STRUCTURE, AS WELL AS CAUSING FURTHER DETERIORATION TO THE EXTERIOR OF THE STRUCTURE.

YOU CAN SEE THE FACIAL BOARDS ARE RIDING.

THE SOFFIT BOARD IS MISSING AND THE WOUND IS DETERIORATING ALONG THE ROOF.

THE NEXT PHOTO, PLEASE.

THIS IS THE BACK OF THE PROPERTY HERE.

YOU CAN SEE WHERE THE ROOF SHINGLES ARE MISSING AND DAMAGED.

YOU CAN SEE THE SOFFIT BOARD AND FACIAL BOARDS ARE ROTTING.

YOU CAN ALSO SEE HOW THE WEATHERPROOFING IS MISSING AS WELL AS THE AWNING OVER THAT DOOR IS SAGGING IN A DANGER OF COLLAPSING.

UM, NEXT SLIDE, PLEASE.

THAT CONCLUDES MY PRESENTATION.

I'M AVAILABLE FOR QUESTIONS.

OKAY.

THANK YOU.

SEE, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.

STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS FIVE AND SEVEN, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBIT SIX, EIGHT THROUGH 60 AND EIGHT, EIGHT THROUGH EIGHT D ALSO CHAIR.

BEFORE I READ THE ORDERS INTO THE RECORD, I WOULD LIKE TO MAKE ANOTHER REQUEST BECAUSE THE RECOMMENDED ORDERS ARE THE SAME.

IN BOTH CASES, WE'RE REQUESTING THAT ONE RECOMMENDED ORDER BE READ INTO THE RECORD WITH THE UNDERSTANDING THAT WE'RE REQUESTING TWO SEPARATE ORDERS.

IF THE CHAIR, UH, YES, THAT'S ACCEPTABLE.

OKAY.

STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BOTH CASES IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING IN EACH CASE, RESPECTIVELY ONE OBTAIN AN ENGINEER'S REPORT TO ASSESS WHETHER THE VIOLATIONS ARE CAUSING THE NEED FOR ADDITIONAL REPAIRS TO OBTAIN AND FINALIZE ALL NECESSARY.

PERMITS THREE REPAIR, ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED FOUR REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FIVE ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.

AND FOR SHELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

OKAY, THANK YOU.

UH, AT THIS TIME, I THINK WE'D LIKE TO HEAR FROM THE PROPERTY OWNER AND, UM, IF YOU COULD INTRODUCE YOURSELF AND IF YOU'D LIKE TO BEGIN WITH ANY QUESTIONS FOR THE CODE INSPECTOR, UH, EVEN BEFORE YOU BEGIN YOUR TESTIMONY, THAT WOULD BE FINE.

OTHERWISE JUST, OH YEAH, WELL, YES.

MY NAME LUKE LINWOOD AND, UH, THAT THE DOOR HE WAS TALKING ABOUT, THAT'S NOT A BOY LITTLE DOOR LOCK UP.

I TALKED TO YESTERDAY, RIGHT? YES, YES, SIR.

YEAH.

AND, UM, AND YEAH, THE DOOR OPENS AND CLOSE, OPEN AND CLOSE.

IT'S NOT BOARDED UP IN THAT CORNER.

WE JUST DONE IT.

WE FIXED IT JUST YESTERDAY.

YES.

YESTERDAY WE JUST FIXED IT.

SO, UM, YEAH, I WANNA TALK ABOUT, UM, SINCE THE 25TH OF LAST MONTH, UM, UNTIL THE 10TH OF THIS MONTH WHERE I GOT THAT, THE CHURCH HOUSE, THE WHOLE

[00:25:01]

ROOF AND EVERYTHING FIXED, UM, WITH THIS ROOFER THAT I HAVE AND, UM, AND THAT THE PAINT INTERFACING DID ON IT AND EVERYTHING.

AND, UM, AND WHAT I'M SAYING IS THAT FOR 72 0 4, I'M GOING TO HAVE TO, UM, I'M GOING WITH THESE NON-PROFIT, UM, ORGANIZATION WITH THE, UM, EASTER SEALS AND MEALS ON WHEELS AND AUSTIN AREA, URBAN LEAGUE AND HABITAT FOR HUMANITY.

I HAVE BEEN IN CONTACT WITH THEM AND THEY SAID THEY WERE GOING TO HELP ME, BUT THEY PUT ME ON A WAITING LIST AND I'VE BEEN TALKING TO, UH, HUD TOO.

AND YEAH.

AND, UM, I LEFT A MESSAGE WITH SAM TOO.

AND, UM, I HAVE ALL THE CARDS HERE FOR PROOF AND EVERYTHING.

UH, AND I HAD RECEIVED FOR THE CHURCH HOUSE THAT RIGHT HERE, THAT, THAT THE ROOFING DONE IN, IN THE CONTRACT THAT WE WRITTEN UP.

UM, AND I'VE BEEN TALKING TO HIM THAT THE BANK THAT I, I, I GO TO AND EVERYTHING THAT I, I PULLED OUT OUT, YOU KNOW, UH, ALONE AND EVERYTHING TO GET THINGS DONE, UH, UH, BECAUSE I WANT TO GO ON AND GET IT DONE AND I WANT IT COMPLETE, UM, START WITH, AND I'M ASKING, YOU KNOW, FOR, FOR TIME TO DO THAT, UM, BECAUSE, UM, YOU KNOW, LIKE THE CHURCH IS THE PROOF THAT I REALLY, I REALLY LOVED THE PLACE AND I REALLY WANTED, I REALLY WANT TO FIX IT UP, YOU KNOW, AND I REALLY WANT TO COMPLETE IT.

AND IF I JUST HAD THIS, THAT'S THE TIME, YOU KNOW, AND TO HEAR BACK FROM THESE, UH, PEOPLE THAT, THAT I'VE ASKED, UH, AND, YOU KNOW, CAUSE THEY SAID THEY COULD HELP ME.

AND THAT'S, THAT'S, THAT'S WHAT I'M LOOKING FOR.

YOU KNOW, IF I COULD JUST SET MORE TIME CAUSE I, YOU KNOW, I GET IT DONE.

OKAY.

OKAY.

UH, I'D LIKE TO SEE IF ANY OF THE COMMISSIONERS HAVE QUESTIONS FOR YOU OR FOR OUR CITY CODE OFFICER, IF YOU ARE OKAY.

HANGING OUT THERE FOR A MINUTE, UH, COMMISSIONER THOMPSON.

YES.

YOUR MICROPHONE.

YES.

HITTING ON OTHER PEOPLE.

CAN YOU TURN YOUR MICROPHONE ON? THANK YOU.

UM, I WAS WONDERING HOW MUCH TIME YOU THOUGHT YOU NEED, EVEN THOUGH THAT'S A LITTLE BIT OF A GUESS WITH WITHIN YOU'RE, DEPENDING ON OTHER PEOPLE YOU'VE MENTIONED SOME OF THE PEOPLE THAT YOU'VE TALKED TO AND THERE, I HEARD SOME RELIABLE NAMES IN THERE AND YOU PROBABLY KNOW THAT.

UH, SO WHAT, WHAT ARE YOU THINKING ABOUT TIME? WELL, IT'S, UH, UM, I'M WAITING ON, I'M WAITING ON THEM, BUT I'M MOVING TO, I'M DOING THINGS TOO.

LIKE I SAID, I'M GOING THROUGH MY BANK AND TRYING TO GET THAT LOAN OUT.

I'M TRYING TO DO IT, EVERYTHING, YOU KNOW, JUST IN CASE THIS DOESN'T WORK, I'LL BE ABLE TO GET IT FOR, YOU KNOW, FOR THIS THEN, UH, BECAUSE LIKE I SAID, I REALLY WANT TO GET IT DONE.

I JUST NEED KNOW THAT AT THE TIME.

OKAY.

SO DO YOU HAVE A PARTICULAR TIME THAT YOU WOULD LIKE TO, UH, COME BACK FOR REVIEW OR TO SAY I'LL HAVE THIS DONE WITHIN SO MANY DAYS OR WHAT I WOULD LIKE TO, UH, HAVE A TIME TO SAY THAT, BUT YOU KNOW, WAITING ON THESE PEOPLE, UH, TO DO YOU KNOW WHAT THEY'RE GOING TO DO? UH, I MAY NOT.

I CALLED THEM AND I CALL THEM, BUT YOU KNOW, THEY GIVE ME THE SAME ANSWER SAYING, WELL, YOU KNOW, YOU GOTTA BE ON A WAITING LIST BECAUSE SO MANY PEOPLE IN FRONT OF YOU, YOU KNOW, AND I'VE BEEN TOLD THAT SO MANY TIMES, BUT, UH, BUT I GOT THIS, UM, LIKE I SAID, JUST AS LONG I'M LOOKING AT IT AND THEY SAID THEY GONNA CONTACT ME BY HER, UH, AT LEAST ABOUT 14 DAYS, THEY SAID, AND, AND SEE IF I GET IT OR NOT.

OKAY.

AND, UH, THAT IS A START.

YES, IT IS.

UH, YOU KNOW, AND LIKE I SAID, UH, YOU KNOW, IT WOULDN'T HAVE NEVER GOT THIS FAR IF I JUST HAD THAT MONEY IF I HAD THE MONEY, BUT NEVER GOT THIS FAR.

I MEAN, I WOULD HAVE REALLY JUST DONE IT AS SOON AS I GOT THE NOTICE.

I WOULD'VE, I WOULD'VE DONE IT, BUT I DON'T KNOW.

I GUESS I'M A VICTIM OF CIRCUMSTANCES.

I DON'T KNOW.

I HAVE A QUESTION FOR YOU, UH, MR. WINWARD.

YES.

UM, I'M LOOKING AT THE HISTORY HERE AND THIS HAS BEEN GOING ON FOR A FEW YEARS.

RIGHT.

AND SO WHO WAS IN CHARGE OF THE OPERATIONS BACK IN 2017? WAS THAT YOU OR SOMEBODY ELSE?

[00:30:01]

WELL, IT HAD, YEAH.

HAVING TO MAKE THEM, YEAH.

MY FATHER WAS YOUR FATHER.

HE DIED 25, 20 0 4.

SO, OH, YOU'VE BEEN IN CHARGE FOR THE WHOLE TIME.

YES.

AND, UM, AND I SAY SOME, UH, YOU KNOW, THE, THE HONEST WAY I GOT THE, THAT, THAT THE CHURCH MOVED DOWN WAS I WAS SAVING MONEY FROM MY CHECK EVERY MONTH, EVERY MONTH I WAS SAVING MONEY AND SAVING IT UP AND SAVING IT UP, SAVING IT UP.

AND, AND WHEN I GOT THIS ROOFER, UM, HE MADE AN ESTIMATE AND HE, UM, HE TOLD ME THAT, YOU KNOW, IT WAS, UH, DID HE DO IT FOR THAT? LET'S SEE THE FIRST ONE WAS 4,005.

AND, UH, AND HE DONE THAT AND I HAD THAT, NO.

AND THEN THE NEXT ONE HERE, THE LAST PART WAS FOR THE, UM, SEVEN THOUSAND TWENTY SEVEN THOUSAND TWO HUNDRED SEVENTY SIX.

AND THERE'S THE RECEIPTS RIGHT HERE, BUT THAT, YOU KNOW, THAT THAT WAS ALL MY MONEY AND, YOU KNOW, BUT I WOULD HAVE DONE IT BECAUSE I WANT TO DO THE RIGHT THING AND I WANTED TO, YOU KNOW, DO THE RIGHT THING AND HAVE IT DONE.

SO, BUT THAT WAS ALL MY MONEY.

SO NOW I'M DEPENDENT ON THESE NON-PROFITS AND I STILL HAVE, I STILL HAVE ANOTHER QUESTIONS THERE.

SO STILL I'M LOOKING AT THE NOTES FROM THE INSPECTOR FROM 2017.

AND HE HAD SAID THAT HE SPOKE WITH THE OWNER.

SO I'M ASSUMING THAT WAS YOU, AND THAT YOU HAD SAID YOU WERE GOING TO REACH OUT TO THE COMMUNITY FOR HELP.

LIKE WHAT YOU'RE TELLING US TONIGHT, CHURCHES AND, AND STUFF LIKE THAT.

YEAH.

AND THAT DIDN'T PAN OUT.

NO, NO, NO, IT DIDN'T.

UH, I HAD WENT TO THE CHURCH.

THAT'S UH, I FORGOT THE NAME OF THIS IT'S RIGHT BEHIND ME, RIGHT BEHIND HER, ON THE NEXT STREET.

AND I WENT TO THEM, THEY SAID, YOU KNOW, THEY SAID THEY WERE GONNA LOOK INTO IT, SEE, COULD THEY HELP ME? BUT THEY CAME BACK AND SAID HE WENT AND HE COULDN'T.

SO HOW DO WE KNOW THAT THIS TIME AROUND THAT, YOU KNOW, THINGS WOULD BE DIFFERENT.

SO WE WERE TRYING TO GET A TIMEFRAME FOR YOU.

THAT WILL BE REALISTIC.

WE DON'T WANT TO, UM, DETERMINE SOMETHING THAT YOU WON'T BE ABLE TO PULL OFF, BUT THE LAST TIME THE COMMUNITY OUTREACH DIDN'T WORK OUT.

BUT THIS TIME YOU YOU'RE CONFIDENT THAT HE MIGHT.

YES.

CAUSE THIS TIME, UM, UM, I SEE, I DIDN'T EVEN KNOW ABOUT THESE.

UM, LIKE, UH, YEAH, I DIDN'T KNOW ABOUT MEALS ON WHEELS.

I DIDN'T KNOW ABOUT THE URBAN LEAGUE.

I DIDN'T KNOW ABOUT NONE OF THOSE.

AND I, UM, I, I KIND OF CODE OFFICER POINTED THIS OUT TO ME AND I WAS GLAD THAT SHE DID.

AND SHE, WHEN SHE POINTED IT OUT TO ME, I TOLD HER I WAS GONNA GET RIGHT ON IT.

AND I DID.

AND I, I WENT RIGHT ON IT AND, UH, AND LET THEM KNOW EVERYTHING.

AND, UM, LIKE I SAID, I WENT TO MY BANK TOO, SO I HOPE, YOU KNOW.

YES.

GO AHEAD.

SO DO YOU THINK THAT YOU CAN COMPLETE THIS WORK WITHIN 60 DAYS? YES.

THAT'S REALISTIC.

UH, YES.

CAUSE I, I, I, LIKE I SAID, TAPPING TO EVERYTHING THAT, THAT I'VE BEEN DOING HERE AND, UH, YES.

OKAY.

SO 60 DAYS YOU THINK IS A REASONABLE TIMEFRAME.

YES, I CAN.

I CAN, I CAN, I CAN WORK IN THAT.

IT WAS A FOLLOW-UP WHICH WHAT'S THE NAME OF THE BANK THAT YOU HAVE APPROACHED TO SECURE A LOAN BANK OF AMERICA? YEAH.

UM, I THINK IT'S OVER THERE IN THE HANCOCK CENTER AREA.

YEAH.

JUST COMMISSIONER MILLER.

YES.

UM, WELL THANK YOU FOR COMING IN AND GIVING US AN UPDATE.

I JUST WANTED TO MAKE SURE I UNDERSTAND.

SO YOU'VE SPOKEN TO MEALS ON WHEELS, URBAN LEAGUE, UM, HABITAT FOR HUMANITY.

DID YOU JUST LEAVE THEM A MESSAGE OR DID YOU ACTUALLY TALK TO THEM AND DID THEY TELL YOU ANYTHING ABOUT WHAT, HOW LONG A WAIT IT MIGHT BE BEFORE YOU COULD BE HELPED? WELL, LAST, TH TH THIS ONE GUY AT THE HABITAT FOR HUMANITY, HE SAID, UM, HE SAID, IF THEY ASK ABOUT IT, THAT THE COP CALLED THEM.

AND SO THEY CAN CONFIRM WHAT I'M SAYING.

HE SAID HE WOULD, BUT, UH, YEAH, HE WAS ON HIS PHONE THAT, UH, THAT THEY CALLED ME BACK WHEN I, WOW.

SO THAT'S YOU SAY, YOU'VE JUST SPOKEN TO THAT ONE THAT HE STILL DIDN'T SAY, HE SAID YOU WERE ON THE WAIT LIST, BUT HE DIDN'T SAY, AND IT'LL BE THREE MONTHS OR TWO WEEKS OR HE DIDN'T GIVE YOU A SPECIFIC TIMELINE.

NO, HE, HE, UH, HE, HE, HE TOLD ME THAT, THAT THE SAY, IF ANYBODY ASKS TO CALL HABITAT FOR HUMANITIES AND HE WOULD TELL YOU ALL THIS.

[00:35:02]

YEAH, THAT WAS WHAT HE TOLD ME TO SAY THAT.

OKAY.

BUT HE WOULD TELL US WHAT, JUST THAT YOU WERE ON THE WAIT LIST, HOW LONG, HOW LONG? YES.

HE HE'S EVEN, HE WOULD EXPLAIN THAT.

OKAY.

THAT WHEN HE TOLD HIM ALL RIGHT, SO WHAT YOU'LL KNOW, IT SOUNDS LIKE YOU'VE APPLIED FOR A LOAN AND THEY TOLD YOU, YOU WOULD KNOW WITHIN 14 DAYS, AND THEN YOU'RE, YOU SUBMITTED INFORMATION AND, YOU KNOW, YOU'RE ON THE WAIT LIST FOR HABITAT, BUT YOU DON'T KNOW THE TIMELINE FOR THAT? NO, HE, HE TOLD ME TO TELL Y'ALL TO CALL.

YEAH.

THANKS.

OKAY.

OKAY.

ANY OTHER QUESTIONS FROM THE COMMISSION? UM, I DO ACTUALLY, YES.

GO AHEAD.

COMMISSIONER GREEN.

I HAVE A QUESTION FOR THE THIRD GARDEN.

UM, WE'VE GOT TWO STRUCTURES HERE.

UH, OH TWO AND OH FOUR AND AS OH TWO.

UH, WE ARE, UH, ALL THE, UH, CONCERNS, 72 72 0 2.

THE ONLY CONCERNS LEFT THERE WITH THE EXTERIOR SIDING AND JUST CONFIRMATION THAT THAT DOOR IS A PROPER DOOR FUNCTIONING AS INTENDED.

OTHER THAN THAT, EVERYTHING ELSE WOULD BE CLEARED.

AND, UH, I JUST HEAR THE OWNER SAY THAT THEY TOOK CARE OF THAT TODAY.

YES.

YES.

I'M SORRY.

YES, SIR.

UM, SO I'M WONDERING, UM, UH, TWO OTHER COMMISSIONERS THAT, UH, UM, THERE'S A WAY TO SEPARATE THE, UH, CONCERNS ABOUT, UH, OH TWO VERSUS FOUR.

THE OWNERS MADE SUBSTANTIAL PROGRESS IN 82.

AND, UH, THAT IS A TENSION, I GUESS, ABOUT BEYOND THE 45 DAYS OR ANOTHER, UH, 15 DAYS TO 60 DAYS.

I DO HAVE, UH, SO I'M, I WANT TO SEE IF THERE'S A WAY WE CAN SEPARATE THOSE.

AND THEN I HAVE ANOTHER QUESTION FOR THE OWNERS, MR. NAME, MR. GREEN.

THIS IS MELANIE ALLEY.

THOSE ARE TWO SEPARATE, OR THERE ARE TWO SEPARATE ORDERS FOR THE TWO CASES, SO YOU COULD SEE.

OKAY.

OKAY.

SO WE CAN, WE CAN WORK.

WE CAN CONSIDER, UM, UM, UH, ACCEPTING, UH, FAX RECOMMENDATION ON ONE AND DECLINING TO ACCEPTED ON THE OTHER.

CORRECT.

IF WE SO CHOOSE.

OKAY.

I HAVE A QUESTION FOR THE HONOR.

CAN YOU HEAR ME, SIR? YES.

OKAY.

SO, UM, I, I APPRECIATE WHAT YOU'VE DONE.

THE WORK YOU'VE DONE, IT'S TAKEN AWHILE.

APPARENTLY.

UH, MY CONCERN ABOUT OH FOUR IS THAT I HAVEN'T SEEN A PLAN.

AND I MEAN, YOU'VE MENTIONED THAT YOU'VE TALKED TO A NUMBER OF, UM, NON-PROFITS, UM, YOU KNOW, THAT'S A GOOD COMMUNICATION, UM, UH, TO GET THINGS GOING, BUT I'D LIKE TO REALLY SEE THE PLAN, UH, HOW YOU'RE GOING TO GET THIS DONE IN 45, 60, 75 DAYS.

UH, AND THAT'S MY CONCERN NOW, I DON'T KNOW FOR SURE THAT THERE'S NO PLAN.

WELL, LIKE I SAID, IF, IF, UM, I'M, I'M, I'M REALLY, I'M THINKING ABOUT THAT, THE LOAN THAT I GET, UM, AND, UM, IF I, IF I GET THAT LOAN, THEN THERE, SIR, IF I COULD INTERRUPT YOU, UH, THAT'S STILL NOT A PLANET.

THAT'S A, THAT'S A, THAT'S A USE OF THAT.

THAT'S A FUNDING MECHANISM, UH, FOR A PLAN, BUT I THINK THERE NEEDS TO BE A PLAN.

LIKE WE'RE GOING TO GET THIS MONEY AND WE MAY NOT KNOW WHAT DAY WE'RE GETTING IT.

ONCE WE GET IT, WE'RE GOING TO DO EXPERT GETTING BIDS.

WE'RE GOING TO DO Y FOR GETTING PERMITS.

WE'RE GONNA DO, UH, WE'RE GOING TO START THIS ON NO, UH, YOU KNOW, UH, 20 DAYS PAST FUNDING, I THINK THAT'S WHERE YOU NEED TO GO WITH THIS BECAUSE, UM, THIS COULD DRAG OUT ANOTHER YEAR OR TWO.

SO I THINK, UH, PERSONALLY AS COMMISSIONER, WHAT'S THE THEME, UH, THIS PROPERTY, UH, UM, BACK IN THE COMMUNITY.

YEAH.

AND, UH, HAVE YOU, UH, UM, OPERATED APPROPRIATELY.

I'D LIKE TO SEE THAT, UH, HAPPENING AS SOON AS I POSSIBLY CAN.

I GET, THERE'S A LOT OF BUREAUCRACY, BUT I ALSO THINK THAT EVEN BESIDES THAT YOU CAN HAVE A PLAN OF HOW YOU'RE GOING TO ATTACK THESE ISSUES.

[00:40:03]

OKAY.

SO THAT'S WHAT, THAT'S THOSE OF ALL THE COMMENTS AND QUESTIONS I HAVE FOR RIGHT NOW.

THANK YOU.

OKAY.

THANK YOU.

UH, MR. WYNWOOD, I HAVE ONE, ONE QUESTION, OR MAYBE IT'S KIND OF A COMMENT TOO, UM, IN THE STAFF'S RECOMMENDED ORDER STAFF IS RECOMMENDING THAT YOU WOULD ALSO GET AN ENGINEER'S REPORT, UH, TO ASSESS WHETHER YOU NEED EVEN FURTHER REPAIRS.

UM, I'M ASSUMING THIS IS, THIS IS DEALING WITH THE, UM, THE STRUCTURE AT 72 0 4, WHICH APPEARS TO BE IN WORSE, IN WORSE CONDITIONS.

SO, UM, I DON'T KNOW IF YOU'VE LOOKED INTO ENGINEERS WHO MIGHT ASSIST YOU WITH THAT, BUT THAT'S ANOTHER AREA THAT WE JUST NEEDED TO HAVE THAT ON YOUR RADAR TO, DEPENDING UPON WHAT THE COMMISSION DECIDES THIS EVENING.

OKAY.

CAN YOU ENGINEER ANY FURTHER QUESTIONS FOR STAFF OR FOR THE PROPERTY OWNER FROM THE COMMISSION? UH, YES.

COMMISSIONER MILLER.

SO A QUESTION FOR STAFF, UM, HAS, HAVE YOU BEEN IN CONTACT WITH ANY OF THE, THE HOME REPAIR ENTITIES THAT HE'S MENTIONED? I HAVE NOT.

NO.

MA'AM.

IS THAT SOMETHING THAT I DON'T KNOW IF THAT'S SOMETHING THAT USUALLY YOU CAN DO, OR IF IT'S A REGULAR THING FOR CODE TO DO, UM, MS. MUELLER, COMMISSIONER MUELLER, THAT'S, UH, THERE'S A LIST, UH, ATTACHED TO IT'S, UH, RESOURCES THAT ARE ATTACHED TO THE NOTICE OF HEARING THAT WE SEND OUT AND WE CAN PROVIDE THEM WITH RESOURCES, BUT WE CAN'T ASSIST THEM IN FILLING OUT APPLICATIONS AND GO THROUGH THAT PROCESS.

WE JUST PROVIDE THEM WITH THE INFORMATION.

OKAY.

THERE'S NO, UM, YEAH, I MEAN, I JUST, WELL, I MEAN, THIS MIGHT BE A POLICY QUESTION.

IF THERE'S A WAY TO PRIORITIZE CASES THAT ARE, YOU KNOW, THAT HAVE CODE VIOLATIONS FOR GETTING ASSISTANCE, THE SUPERVISOR, OR THE BIGGEST, UH, TAKING SEVERAL CASES TO Y'ALL BEFORE.

YES.

WE DON'T GET INVOLVED IN THE PROCEDURE OF, UH, IS THERE A TRUE OWNERSHIP AND IN THE TRUE OWNERSHIP, UM, HE WOULD BE THE PERSON.

THAT'S ONE THING WE HAVE, UH, WE, WE KNOW WHAT T CAT'S SHOWING A CHURCH, BUT WE NEVER HAVE, EVEN THE TITLE SEARCH HAS NOT SHOWED HIM AS THE PROPERTY OWNER.

SO I THINK THAT IS GOING TO BE A FLAW IN THAT PROCEDURE.

UM, SO THAT MIGHT BE A DELAY DOWN THE LINE, BUT WE DON'T GET INVOLVED IN THOSE PROGRAMS. WE, WE TELL THEM TO CALL THEM, WE, WE TELL THEM TO APPLY FOR IT.

AND MANY TIMES WE'LL GET AN EMAIL FROM THESE AGENCIES, LIKE MEALS ON WHEELS.

UM, HOPE, I MEAN, ANY OF THESE PROGRAMS, HABITAT FOR HUMANITY, HAVE ONE OF THEM CALL ME, JUST GIVE ME TWO MORE WEEKS.

WE'RE GETTING THE ROOF PUT ON TOP, UH, HAVE VOLUNTEERS, BUT THERE'S, THERE'S A FOREST CAST OF RAIN, SO WE'LL WAIT, WE'LL WAIT ON THAT.

BUT AS, AS IT'S BEEN MENTIONED, WE'VE BEEN DEALING WITH THIS SINCE 2017.

SO WE WERE HERE FOR Y'ALL TO, TO YEAH.

AND IT SOUNDS LIKE, SO IT'S, IT'S NOT CLEAR WHO THE OWNER IS, WHICH WOULD BE AN IMPEDIMENT TO GETTING ASSISTANCE FROM THESE PROGRAMS. YES.

BECAUSE T CAT SHOWS STILL THAT CHURCH AS, AS BEING, SO HE, HE WOULD HAVE TO GET THAT PROPERTY CHANGE INTO HIS NAME AND IN T CAT OR THE TITLE SEARCH.

WE DON'T HAVE THAT EVIDENCE.

SO EVEN FOR HIM TO PULL THE PERMITS, GOING TO HAVE THAT CHALLENGE TO.

OKAY, THANK YOU.

OKAY.

ANY FURTHER QUESTIONS FROM THE COMMISSION OR MOTIONS OR, UH, ONE MORE FOLLOW-UP QUESTION.

UM, BECAUSE YES, THAT'S A GOOD QUESTION.

SO WAS THIS ALWAYS REGISTERED, I MEAN, TITLED IN THE NAME OF THE CHURCH WHEN YOUR FATHER OWNED IT? YES, I THINK, YEAH, THAT WAS IT.

OKAY.

SO YOU JUST STEPPED IN AND IT WAS ALREADY THAT WAY? YEAH.

OKAY.

AND HOW, UM, HOW LONG AGO HAS THERE EVER BEEN LIKE A CHURCH GATHERING THERE IN ANY OF THOSE TWO BUILDINGS? UH, THE CHURCH, UM, GATHERING.

DID THAT HAPPEN IN RECENT YEARS BEFORE YOU STARTED HAVING STRUCTURAL ISSUES WITH THE BUILDINGS? YEAH.

WELL, IT USED TO HAVE CHURCH THERE, BUT SINCE IT'S HAS GOTTEN SUCH A DISREPAIR, NO, NO, NO, NO, BECAUSE IT WOULD'VE BEEN CONDITIONED AND I, I GUESS THE QUESTION MAY OR MAY NOT BE RELEVANT, BUT, UM, IS IT YOUR INTENTION WHEN YOU FIX EVERYTHING UP THAT IT WILL STILL REMAIN A CHURCH THEN OR, OH, OKAY.

YEAH.

ALL RIGHT.

THANK YOU.

YES.

COMMISSIONER SAY LOOK,

[00:45:01]

OKAY.

I'D LIKE TO FOLLOW UP ON COMMISSIONER GREEN'S COMMENTS ABOUT A PLAN THAT NEEDS TO BE DEVELOPED.

AND YOU ALREADY ARE, YOU SAID THAT WITHIN 60 DAYS, YOU MIGHT BE ABLE TO MAKE SIGNIFICANT PROGRESS.

I THINK WHAT WE, IF WE DO ANYTHING, WE WOULD EXPECT YOU TO COME BACK TO US WITH SOME SORT OF PLAN.

AND, AND HOW DOES THAT AFFECT THE LOAN THAT YOU'RE TAKING OUT AT THE BANK AND OTHER KINDS OF AGENCIES THAT YOU ARE REQUESTING HELP FROM? SO I THINK IT WOULD BE IMPORTANT FOR US TO CONSIDER ANY KIND OF ACTION ON OUR PART TO SEE WHAT KIND OF PLAN YOU WOULD HAVE PERHAPS BY THE NEXT MEETING.

AND THEN WE CAN MAKE AN EVALUATION BASED ON THAT, BUT IT HAS TO BE IN WRITING AND A STEP-BY-STEP WHAT NEEDS TO BE DONE.

OKAY.

ALL RIGHT.

ANY THOUGHTS ON THIS FROM THE COMMISSION? I'LL MOVE TO CLOSE THE MEETING TO THE PUBLIC.

OKAY.

IF YOU'D LIKE TO TAKE A SEAT, THANK YOU.

DO WE HAVE A MOTION TO CONSIDER, OR YOU WANT TO DISCUSS FIRST? WE CAN MAKE A MOTION AND THEN DISCUSS, WHICH IS KIND OF PREFERRED, BUT WE CAN DO IT EITHER WAY, UH, COMMISSIONER GREEN.

I, I, UH, I CAN MOTION THAT, UH, EXCEPT THE FINDINGS OF FACT FOR, UH, AND RECOMMENDATION WITH AN EXCEPTION, CHANGE IT FROM 45 TO 60 DAYS.

UM, AND THAT, UH, DECLINE ON, UH, EVERYTHING WASN'T 72 0 2, UH, UM, UH, THE, UH, RECOMMENDATION.

OKAY.

SO YOUR, YOUR MOTION IS ON 72 0 4, BASICALLY.

STAFF'S RECOMMENDED ORDER, BUT EXTEND THE TIME TO 60 DAYS FROM 45 DAYS, BUT ON 72 0 2, JUST THE STAFF'S RECOMMENDED ORDER AS IS, IS THAT YOUR MOTION? YES, MA'AM.

OKAY.

THANK YOU.

SECOND THAT MOTION.

OKAY.

THANK YOU, COMMISSIONER MUELLER.

UM, YEAH, IF ANYTHING, I WOULD KIND OF LEAN MORE TOWARDS LONGER FOR 72 0 4, CAUSE IT'S GOING TO TAKE LONGER AND WE CAN GO UP TO 90 DAYS WITHOUT TRIGGERING ALL SORTS OF OTHER REQUIREMENTS.

UM, THAT'S JUST MY PERSONAL FEELING.

I DON'T KNOW HOW THE REST OF THE COMMISSION FEELS ABOUT THAT.

YOUR MICROPHONE IS.

I WAS THINKING MY MOTION FROM 60 TO 90 DAYS.

OKAY.

EASY.

I WAS THINKING THE SAME THING, BECAUSE IF WE'RE GOING TO NEED AN ENGINEER'S REPORT AND THEN ALSO ADD ADDITIONAL PERMITS TO DO THE, TO START, YOU KNOW, DOING THE WORK, IT IS DEFINITELY GOING TO BE MORE THAN 60 DAYS, UH, COMMISSIONER MILLER, OR WERE YOU OKAY WITH THAT AMENDMENT? THE AMENDED ORDER? YES.

OKAY.

THANK YOU.

YES, THE COMMISSIONER STEVEN, CAN WE ALSO MOVE, WE HEARD IN THE, IN THIS PARTICULAR MOTION THAT WE WOULD EXPECT THE OWNER TO COME BACK IN 30 DAYS WITH A DETAILED WRITTEN PLAN AS PART OF THE OVERALL, UM, ACCEPTANCE OF THIS THAT WE WOULD EXPECT HIM TO COME BACK IN 30 DAYS WITH A PLAN.

I WOULD NOT BE IN FAVOR OF THAT PARTICULARLY, UM, BECAUSE I THINK THAT'S WHAT WE'VE ASKED FOR RIGHT NOW, AND THAT DOESN'T HAPPEN, BUT HE, THE OWNER HAS SHOWN THAT HE'S WILLING TO GET AFTER IT AND MAKE REPAIRS AS HE DID ON 72 0 2.

SO, UM, THAT'S, THAT'S AGAIN, MY PERSONAL FEELINGS.

ANY OTHER DISCUSSION? OKAY.

I WILL GO AHEAD AND CALL THE QUESTIONS.

SO THE MOTION IS TO ACCEPT STAFF'S RECOMMENDED ORDER FOR THE PROPERTY AT 72 0 2.

AND THEN THE MOTION ALSO IS TO ACCEPT IS TO AMEND STAFF'S RECOMMENDED ORDER FOR 72 0 4, BY EXTENDING THE TIMEFRAME TO COME INTO COMPLIANCE TO 90 DAYS.

SO ALL IN FAVOR, PLEASE SAY AYE.

AYE.

OKAY.

AND DOES ANYONE OPPOSE? OKAY.

AND DID ANYONE ABSTAIN DOES NOT APPEAR? OKAY, SO THAT WAS UNANIMOUS.

ALL RIGHT.

SO MR. WYNWOOD, THIS ORDER WILL BE MAILED TO YOU.

UM, IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH YOUR CODE INSPECTOR.

UM, MR. GARDNER, HE WILL SURELY BE WILLING TO WORK WITH YOU ON THIS.

THANK YOU.

AND GOOD LUCK.

ALL RIGHT.

COORDINATOR,

[00:50:01]

ALLIE, WE READY TO, UM, CONSIDER ITEM NUMBER ONE.

OKAY.

GOOD EVENING COMMISSIONERS.

[1. Case Number: OL 2021-108357]

YES.

THE FIRST CASE I WOULD LIKE TO INTRODUCE TO YOU TONIGHT, AND THIS IS NOT THE FIRST CASE, BUT IS A SHORT-TERM RENTAL APPEAL.

THE CASE NUMBER IS OLL 20 21 1 0 8 3 5 7.

IT IS THE BROWN BOOK IN THE GOOGLE DRIVE FOLDER.

THE ADDRESS FOR THIS PROPERTY IS 2 1, 2, 2 BARTON HILLS DRIVE THE OWNER OWNERS OF THE PROPERTY OR MICHELLE EADS AND ALISHA ALISHA MEESE SHAMI, AND THE APPELLANT, THE APPELLANT, MICHELLE EADS IS HERE TONIGHT TO REPRESENT THE PROPERTY.

MS. EADS, YOU MAY NOW COME FORWARD AND APPROACH THE PODIUM.

AND THIS APPEAL IS REGARDING AUSTIN CODE.

DEPARTMENT'S DENIAL OF A TYPE ONE SHORT-TERM RENTAL STR APPLICATION IN YOUR READERS.

YOU'LL FIND STAFF EXHIBITS ONE AND TWO EXHIBIT ONE CONTAINS A CONTEXTUAL, BUT CONTEXTUAL PHOTO OF THE PROPERTY.

THE OWNERS APPLICATION PACKET FOR A TYPE ONE OPERATING LICENSE, AUSTIN CODES, DENIAL LETTER, THE PROPERTY OWNER'S APPEAL LETTER AND NOTICES FOR TONIGHT'S HEARING, AS WELL AS THE REQUIRED POSTINGS.

EXHIBIT TWO CONSISTS OF SUPPORTING DOCUMENTS PERTAINING TO AUSTIN CODE'S DECISION TO DENY THE APPLICATION AND AUSTIN CODES, RECOMMENDATION LICENSING MANAGER.

LISA DEROSA IS HERE TONIGHT TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS THAT LED UP TO THE DENIAL.

MR. ROCHE, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

MY NAME IS LISA AND I'M THE ADMINISTRATIVE MANAGER FOR THE AUSTIN CODE DEPARTMENT OVERSEEING SHORT-TERM RENTAL LICENSING ADMINISTRATION.

AND I AM HERE THIS EVENING TO TESTIFY ABOUT THE DENIAL OF A TYPE ONE SDR LICENSE FOR 2122 BARTON HILLS DRIVE CODE SECTION 25 TO 7 88 8 2 SHORT-TERM RENTAL TYPE ONE REGULATIONS REQUIRE THAT A TYPE ONE LICENSED PROPERTY IS OWNER OCCUPIED, OR IS ASSOCIATED WITH AN OWNER OCCUPIED PRINCIPAL RESIDENTIAL UNIT WHEN PROCESSING APPLICATIONS FOR SHORT-TERM RENTAL LICENSES, A FULL REVIEW OF APPLICABLE PROPERTY AND VIOLATION RECORDS IS CONDUCTED PRIOR TO THE LICENSE BEING ISSUED OR DENIED.

THESE RECORDS INCLUDE, BUT ARE NOT LIMITED TO TRAVIS COUNTY APPRAISAL DISTRICT RECORDS, STATE AGENCY RECORDS, CITY RECORDS PUBLICLY AVAILABLE PROFESSIONAL ASSOCIATION RECORDS AND SUPPORTING DOCUMENTATION SUBMITTED AS PART OF THE APPLICATION PACKET, MS. APPLIED FOR A TYPE ONE OPERATING LICENSE FOR 2122 BARTON HILLS DRIVE IN JUNE OF 2021.

A REVIEW OF T CAD RECORDS REVEALED THAT THE PROPERTY IS JOINTLY OWNED BY MICHELLE EADS AND ALISHA MI.

THE PROPERTY DOES NOT HAVE A HOMESTEAD EXEMPTION WITH TRAVIS COUNTY AND THE TRAVIS COUNTY APPRAISAL DISTRICTS.

OWNER'S MAILING ADDRESS FOR THE PROPERTY IS 24 0 4 PEBBLE BEACH DRIVE IN AUSTIN.

UH, A LACK OF A HOMESTEAD EXEMPTION AND A MAILING ADDRESS DIFFERENT THAN THE SITE ADDRESS ARE INDICATORS THAT A PROPERTY MAY NOT BE OWNER OCCUPIED.

WE TOOK IT A STEP FURTHER AND A SEARCH OF T CAD FOR THE MAILING ADDRESS OF THE STR LOCATION WAS CONDUCTED AND REVEALED THAT THE PROPERTY AT 24 0 4 PEBBLE BEACH DRIVE IS ALSO JOINTLY OWNED BY MICHELLE EADS AND ALISHA MI.

AND IT DOES HAVE A HOMESTEAD EXEMPTION AND THE SITE AND MAILING ADDRESSES ARE THE SAME.

OUR REVIEW OF THE HOMEOWNERS INSURANCE POLICY SUBMITTED AS PART OF THE APPLICATION PACKET SHOWS THAT THE MAILING ADDRESS FOR THE POLICY IS ALSO 24 0 4 PEBBLE BEACH DRIVE THE OWNER'S MAILING ADDRESS ON THE STR UTILIZING INFORMATION THAT WAS SUBMITTED WITH THE APPLICATION.

A SEARCH OF THE SECRETARY OF STATE'S OFFICE REVEALED THAT THE APPLICANT MISS EADS IS ALSO REGISTERED TO VOTE AT 24 0 4 PEBBLE BEACH DRIVE.

AS A RESULT OF THIS REVIEW, IT WAS DETERMINED THAT 2122 BARTON HILLS DRIVE IS NOT THE APPLICANTS OWNER, OCCUPIED PRINCIPAL RESIDENCE AS REQUIRED BY THE ORDINANCE AND THE LICENSE WAS DENIED.

THIS CONCLUDES MY TESTIMONY I'M AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.

OH, I'M SORRY.

UM, CAN YOU GO AHEAD AND PULL UP THE SORRY, TECHNICAL ISSUES DUE TO FIRST TIME IN PERSON?

[00:55:06]

SO HERE WE HAVE THE T CAD FOR THE STR LOCATION, 2122 BARTON HILLS DRIVE.

YOU CAN SEE THE MAILING ADDRESS ON PEBBLE BEACH DRIVE AND A LACK OF A HOMEOWNERS, UM, UH, A HOMESTEAD EXEMPTION ON IT.

NEXT SLIDE.

NEXT HERE WE HAVE THE T CAD FOR THE 24 0 4 PEBBLE BEACH DRIVE.

YOU CAN SEE THAT THE MAILING ADDRESS AND THE SITE ADDRESS FOR THIS ONE MATCH, SAME OWNERS, AND IT DOES HAVE A HOMESTEAD EXEMPTION.

NEXT NEXT, THIS IS INFORMATION FROM THE SECRETARY OF STATE'S OFFICE SHOWING THAT MS. IS INDEED REGISTERED TO VOTE AT 2,404 PEBBLE BEACH DRIVE AND HAS BEEN SINCE 1998.

NEXT, THIS CONCLUDES MY TESTIMONY STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE AND TWO, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AS WELL AS CODES, RECOMMENDATION STAFF.

ALSO THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND AFFIRM STAFF'S DECISION TO DENY THE YOUNGERS APPLICATION FOR A TYPE ONE SHORT-TERM RENTAL LICENSE, THEREBY DENYING THE APPEAL CHAIR.

OKAY, THANK YOU.

UM, I THINK WE'D LIKE TO HEAR FROM MS. EADS FIRST, AND THEN WE'LL OPEN IT UP TO THE COMMISSION FOR QUESTIONS.

HI, MY NAME IS MICHELLE EADS AND I'M, WASN'T WORRIED COMING INTO THIS MEDIA HOUSE.

THEN I HEARD ALL OF THAT, SO I CAN SEE WHY I CAN SEE WHY, YOU KNOW, MY SHORT TERM RENTAL LICENSES POTENTIALLY IN, YOU KNOW, IT LOOKS LIKE IT WOULD BE IN VIOLATION, BUT, UM, IN MAY, WHENEVER OUR LONG-TERM RENTERS MOVED OUT, THAT'S WHEN I MOVED BACK IN AND I NOTICED THAT HER DOCUMENTS WERE FROM LIKE, I THINK ONE WAS FROM JULY.

I COULDN'T SEE WHEN THE, WHEN THE VOTER REGISTRATION WAS PULLED UP, BUT I, THE DOCUMENTS THAT SHE HAS A VIEWER TO RE RE PULL THEM TODAY, YOU'D PROBABLY SEE THAT, UM, MY VOTER REGISTRATION HAS CHANGED.

I CAN'T, UM, YOU KNOW, I CAN'T REALLY SAY THAT A HOMESTEAD EXEMPTION IS THE SAME AS HOMESTEAD BECAUSE, YOU KNOW, UM, JUST BECAUSE YOU LIVE SOMEWHERE DOESN'T MEAN IT'S GOING TO BE YOUR HOMESTEAD EXEMPTION.

MY, UM, MY PARTNER, ALI, UH, HE'S THE BREADWINNER.

SO OF COURSE, ANY DOCUMENTS THAT MIGHT BE IMPORTANT THAT YOU WOULDN'T WANT, UM, TO GET LOST OR NOT PAINT ARE DEFINITELY GOING TO GO TO THAT HOUSE.

UM, HE'S THE FATHER OF MY CHILDREN, BUT NOT MY HUSBAND.

UM, SO ANYWAYS, UM, WHEN OUR LONG-TERM RENTERS MOVED OUT, I MOVED BACK IN AND THEN, YOU KNOW, THAT'S KIND OF HOW I MAKE MY MONEY ON THE WEEKENDS.

I RENT THAT PLACE OUT.

IF IT GETS RENTED OUT, IF IT DOESN'T GET RENTED OUT AND THEN WE'RE THERE.

UM, YOU KNOW, SO IT'S NOT MY HOMESTEAD EXEMPTION.

ALTHOUGH I DID APPLY FOR THAT WHEN I FOUND THAT THAT THAT'S HOW THEY DID THEIR RESEARCH, THEY WANTED TO DETERMINE WHETHER OR NOT THAT WAS MY HOMESTEAD BECAUSE THEY LOOKED FOR A HOMESTEAD EXEMPTION.

SO I APPLIED FOR THAT, WHICH I THINK IS PROBABLY MORE IN OUR BEST INTEREST AS ELLIE AND I ARE STILL BUSINESS PARTNERS AND WE SHARE THESE TWO.

SO THAT MAKES A LOT OF SENSE FOR US TO DO WHAT'S, YOU KNOW, FINANCIALLY RESPONSIBLE.

BUT, UM, AS FAR AS WHERE I LIVE, THAT'S WHERE I LIVE.

UM, AND YOU KNOW, I CAN'T REALLY, I, I MEAN, MY DRIVER'S LICENSE HAS THAT ADDRESS MY VOTER REGISTRATION CARD.

I THINK IF YOU PULL IT UP, IT PROBABLY DOES.

I NEVER REALLY CHECKED IT, BUT WHEN I CHANGED MY DRIVER'S LICENSE, I THINK I CHECKED THAT BOX.

I DID HAVE A CODE ENFORCEMENT OFFICER COME TO MY DOOR, BUT I WASN'T THERE.

I WAS JUST DOWN THERE AT A TARGET.

UM, YOU KNOW, AND IT'S JUST UNFORTUNATE BECAUSE HE'S AT VALOR AND SHE'S IN DANCE AND HE'S IN SWIMMING AND HE'S IN BASEBALL.

SO WE'RE NOT THERE LIKE RANDOM, RANDOM POINTS THROUGHOUT THE DAY, BUT, YOU KNOW, THAT'S, THAT'S WHERE WE ARE.

SO THAT'S THE HOMESTEAD FOR ME AND MY KIDS.

AND IT'S NOT THE HOMESTEAD FOR ALISHA MACY'S AT PEBBLE BEACH.

AND THAT'S WHERE ALL THE MAIL GOES.

I DON'T KNOW WHY I WOULD PUT MAIL COMING TO WHERE I WOULD HAVE ANY SHORT-TERM TENANTS, BECAUSE THAT WOULD BE, I'D HAVE TO HAVE A LOCKING MAILBOX OR SOMETHING, BUT I KNOW I'M THERE ALL THE TIME.

COME BY, SEE ME, YOU WANT MY ADDRESS? UM, THAT'S I DON'T, I MEAN, I DIDN'T REALLY THINK IT WAS GOING TO BE LIKE THIS.

I JUST, I FEEL LIKE CODE

[01:00:01]

REALLY NEEDS IT TO BE BLACK AND WHITE, BUT THERE'S JUST A LOT OF GRAY WHEN YOU'RE DEALING WITH PEOPLE'S HOMES AND THEIR FAMILIES.

SO YEAH, IT IS WHAT IT IS.

I HOPE THAT YOU DON'T TAKE MY LICENSE AWAY BECAUSE I NEED IT TO PROVIDE FOR THEM.

YOU KNOW, IT'S KIND OF IN THE MAJOR POINT OF ANCHOR THAT PROPERTY SO THAT WE CAN LIMIT IT.

THAT'S ALL I HAVE.

THANK YOU.

SORRY.

I'LL RAMBLE FOREVER.

IF YOU DON'T STOP ME, THERE IS PROVIDING GOOD ENTERTAINMENT HERE.

UM, COMMISSIONERS, DO YOU HAVE QUESTIONS FOR THE PROPERTY REPRESENTATIVE OR FOR MR. ROACH WITH THE CITY? YES.

COMMISSIONER CEILINGS.

AND THEN I'LL GET TO COMMISSIONER, I GUESS I HAVE A QUESTION.

IF YOU'RE LIVING THERE, HOW DO YOU RENT IT OUT ON SHORT-TERM RENTALS IF YOU WERE LIVING THERE AND IT'S JUST FOR THE WEEKENDS.

I ONLY RUN IT OUT ON THE WEEKENDS AND NEVER RUN OUT DURING THE WEEKDAYS, UNLESS LIKE IT'S THANKSGIVING AND WE'RE GOING TO BE AT MY IN-LAWS YOU'RE LIVING THERE AND YOU VACATE THE PROPERTY SO YOU CAN HAVE IT AVAILABLE FOR SHORT-TERM RENTALS.

YEAH, I THINK IT'S COMMON THESE DAYS.

UM, SEVERAL OF MY NEIGHBORS DO IT.

JUST HAVE LIKE A OWNER'S CLOSET AND ONE ROOM THAT'S LOCKED AND THAT'S IT.

OH, OKAY.

ACTUALLY COMMISSIONER STILL STARTED.

DID YOU HAVE A QUESTION? UH, YES.

THANK YOU.

MADAM CHAIR.

I HAVE A QUESTION FOR HER.

UM, MR. LESTER, MR. ROCHE, UM, THIS ONE OF THE, A LITTLE HELP UNDERSTANDING SOMETHING IN THE, IN THE APPLICATION PROCESS, IN THE, IN THE EXHIBIT WITH THE READER AND ON MY SORT OF PDF READER, IT SHOWS, I THINK PAGE 18 OF 37, BUT IT LOOKS LIKE IT MIGHT'VE BEEN TRUNCATED, BUT IT LOOKS LIKE THERE'S A CITY FORM OF SOME KIND, AN APPLICATION FORM IS THAT, I DON'T KNOW IF YOU'RE ABLE TO SYNC UP WITH ME HERE.

I