[00:00:01]
RIGHT, EVERYONE.[CALL TO ORDER]
HI, I'M HERE BY CALLING THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.LET'S GO AHEAD AND TAKE THE ROLE.
TELL ME, DEAR BROOKE BAILEY HERE.
I'M YOUR CHAIR, JESSICA COHEN.
YOUR DARRYL PUT AUGUSTINA RODRIGUEZ HERE.
MICHAEL LANOLIN IS OFF THE DAYAS.
WHO'S GOING TO BE FILLING IN FOR ROM FOR A LITTLE WHILE, UNTIL SOMEONE ELSE GETS APPOINTED FROM DISTRICT FOUR KEY.
WE'D HAVE A QUORUM, OTHER AREAS.
YOU FORGOT CARRY WALLER AND CARRY A WALLER HERE.
JUST A COUPLE OF QUICK HOUSEKEEPING NOTES.
PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE AFTER YOUR CASE IS OVER.
PLEASE TAKE ANY DISCUSSION OUT TO THE LOBBYING.
UH, IF YOU HAVE ANY QUESTIONS FOR ELAINE, PLEASE WAIT AND EMAIL HER OR CALL HER TOMORROW.
UH, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD.
AND IF NEEDED, THE BOARD USUALLY TAKES A BREAK ABOUT AT ABOUT EIGHT O'CLOCK FOR ABOUT 10 MINUTES.
UH, IF YOU HAVEN'T GOTTEN TO YOUR PARKING VALIDATED, THERE IS A LITTLE STAMP OVER THERE BY WHERE YOU WALKED IN.
MAKE SURE YOU GET YOUR PARKING TICKETS STAMPED AND PUT THE NUMBER IN THE LITTLE SIGN-IN SHEET.
AND NOW FOR EVERYONE, WHO'S GOING TO BE GIVING TESTIMONY TONIGHT.
IF I COULD GET YOU TO PLEASE STAND AND TAKE YOUR OATH, DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? THANK YOU SO MUCH.
[A-1 Staff requests approval May 9, 2022 draft minutes]
STOP REQUESTS APPROVAL.THE MAIN NINTH, 2022 DRAFT MINUTES.
I HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER BY AN OLIN.
WHAT? THE SECOND BY BOARD MEMBER RODRIGUEZ HAS ANYONE OPPOSED.
[B-1 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda]
ONE STAFF, AN APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWAL OF ITEMS POSTED ON THIS AGENDA.WE ARE GOING TO BEING, THERE IS AN APPLICANT POSTPONEMENT REQUEST FOR
THAT'S GOING TO BE C 15 20 21 0 0 9 7.
I'D LIKE TO THROW IT OUT THERE REAL QUICK.
[00:05:01]
UH, C ONE IS AN AUSTIN ENERGY DENIAL.IF SOMEONE WOULD LIKE TO MAKE A MOTION TO INCLUDE THAT AND POSTPONEMENT, I MAY HAVE TO INCLUDE C1 IN THE POSTPONEMENTS TO THE JULY BOARD OF ADJUSTMENT HEARING.
THAT'LL BE JULY 13TH, ELAINE, UH, FOR D ONE.
DID THEY HAVE A DATE? IT'S IT'S SEVEN 11 IT'S JULY 11TH, JULY 11TH.
THAT'S GOING TO BE EASY TO REMEMBER.
OKAY, SO JUST TO GO OVER IT ONE MORE TIME.
WE HAVE AN AUSTIN ENERGY DENIAL ITEMS, C ONE C 16, 20 22 0 0 4.
POSTPONED TO JULY 11TH, 2022, ITEM D ONE C 16, 20 22 0 0 0 0 0 1 POSTPONE TO JULY 11TH AND ITEM G ONE.
SEE A 15 20 21 0 0 9 7 IS A WITHDRAWAL.
DO I HAVE A MOTION? MADAM CHAIR, BEFORE WE, BEFORE WE TAKE THE MOTION ITEM, D ONE IS THE SAME TARGET, UH, SIGNED THAT WE'VE BEEN DEALING WITH FOR THE PAST THREE MONTHS.
THEY POSTPONED A LOT OF TIME BEFORE I WAS GOING TO MAKE IT.
SO THE COUNTER THAT WE POSTPONED THE TIME BEFORE, THEY'VE ONLY ASKED FOR PUMPS PULLMAN ONCE BROOKE OFFERED 60 DAYS, BUT THEY ONLY TOOK 30.
I MEAN, IT'S UP TO Y'ALL IF YOU WANT TO GIVE THEM A LITTLE MORE TIME TO WORK ON IT, I'M REALLY NOT INCLINED TO BECAUSE IT'S, IT'S, IT'S PRETTY STRAIGHTFORWARD.
IT'S NOT, IT'S REALLY NOT GOING TO FLY.
I'M NOT GOING TO DISCUSS THE MERITS OF THE CASE, BUT IT'S NOT GOING TO FLY.
AND I DON'T THINK IT'S TAKE 60 DAYS TO COME BACK, WHETHER THE SUGGESTION IS ACCEPTABLE OR NOT.
AND SO THEREFORE I'M RELUCTANT TO POSTPONE IT AGAIN.
OKAY, WELL, LET'S GO AHEAD AND PULL THAT ONE OUT OF THE, UH, WHAT WILL PROBABLY BE CONSENT A POSTPONEMENT.
CAUSE I JUST WANT TO ADD THAT WHATEVER THEY COME BACK WITH IS GOING TO BE A NEW VARIANT IF THEY NEED A VARIANCE, BECAUSE THEY'D HAVE, THEY'RE GOING TO HAVE TO MODIFY THEIR PREVIOUS REQUESTS BECAUSE IT WAS NOT GOING FAVORABLY.
LET'S TALK ABOUT THE POST COMMENTS FIRST, SO, OKAY.
THIS'LL BE FOR C1, C 16, 20 22 0 0 4.
POSTPONE TILL JULY 11TH AND ITEM G ONE C 15 20 21 0 0 9 7, WHICH IS A WITHDRAWAL.
DO YOU HAVE A MOTION? I HAVE A MOTION TO APPROVE BY BOARD MEMBER, ONE OLIN ALL SECOND AND SECONDED BY BOARD MEMBER BAILEY.
ANY OPPOSITION MOTION CARRIES.
[D-1 C16-2022-0001 Esteban Arrieta for Eames Gilmore 10107 Research Boulevard SVBD]
THE POSTPONEMENT, WHICH WON'T BE THE MERITS OF THE KEYS.JUST THE POSTPONEMENT FOR ITEM
THAT'S 1 0 1 0 7 RESEARCH BOULEVARD.
SO WE HEARD FROM BOARD MEMBER OF ON OLIN AND BOARD MEMBER BAILEY.
DOES ANYONE ELSE HAVE ANY OTHER COMMENTS, SUGGESTIONS, OR THIS ONLY NEEDS A SIMPLE MAJORITY PER POSTPONEMENT.
I HAVE A QUESTION FOR MEMBERS.
SO WHAT WOULD BE THE HARM IN POSTPONING OTHER THAN ADDING TO WHAT IS MORE REGULARLY AND REGULARLY BECOMING A VERY FULL AGENDA.
AND, UH, IT, UH, IT DOES ALSO TAKE A SPACE.
SOMEBODY KNOWS WE'RE ONLY ALLOWED TO HEAR LIKE SO MANY CASES PER MEETING.
SO, AND, AND LIKE I SAID, WHATEVER THEY COME BACK WITH IS GOING TO BE DIFFERENT THAN WHAT THEY FIRST SHOWED US.
AND SO IT MAY BE ANOTHER VARIANCE OR THEY CAN COME IN WITHIN THE CODE.
SO I'M NOT, I'M NOT SURE THE BEST WAY TO HANDLE THIS.
DO WE TABLE IT OR JUST HEAR IT TABLE? I'M THINKING, I'M THINKING MADAM CHAIR, IF
[00:10:01]
I MAY SUPPORT BROOKE, I'M THINKING WE CAN TABLE IT BECAUSE THAT WAY THEY DON'T HAVE TO BE APPLY AND EVERYTHING LIKE THAT.CAUSE IF THEY COME UP HERE, YEAH.
OTHERWISE THEY'RE GOING TO HAVE TO REPOST.
THEY'RE GOING TO HAVE TO RE NOTIFY.
THEY'RE GOING TO HAVE TO PAY AGAIN.
I CAN MEET HALFWAY AND LET'S TABLE IT.
AND IF THEY DON'T COME UP WITH SOMETHING IN THE NEXT MONTH OR SO THEN I'LL MAKE A MOTION.
WE CAN TABLE IT FOR, I DON'T THINK YOU COULD TABLE IT FOR IF YOU'RE TRYING TO TABLE IT PAST THIS MEETING.
I THINK THAT WOULD BE KIND OF A, AN INDEFINITE POSTPONEMENT PERHAPS IS THAT THE MOTION TO TABLE MANY, MANY TIMES IN THE PAST 15 YEARS.
AND SO, AND ACTUALLY THE THING WITH THAT IS IF YOU TABLE IT, THEY STILL HAVE TO PAY.
THEY'RE GOING TO HAVE TO PAY REGARDLESS.
SO WHAT IF WE PUT, IF IT'S MORE OF, IF IT'S MORE THAN 60 DAYS, BUT IF WE, IF WE'RE JUST POSTPONING IT, THEN THEIR SLOT IS STILL SAVED AND IT CAN'T GO TO SOMEBODY ELSE WHO HAS A CASE THAT MAY BE READY TO GO, CORRECT? THAT'S CORRECT.
BECAUSE IS THERE SOMEONE AVAILABLE TO SPEAK ON THIS CASE TONIGHT? UM, THERE SHOULD BE, LET ME SEE.
SHE Y'ALL JUST WANT TO HEAR THE CASE.
NO, I DON'T WANT TO HEAR THE CASE.
I JUST, I'M TRYING TO FIGURE THE BEST PATH OR DO WE JUST SAY WE'LL POSTPONE IT FOR 60 DAYS INSTEAD OF JULY, WE POSTPONE IT TO AUGUST.
AND IF AT THAT TIME THEY DON'T HAVE SOMETHING, THEN WE CAN HEAR THE CASE THAT GIVES THEM THE BENEFIT OF THE DOUBT.
I MEAN, I'M NOT, I DON'T KNOW BECAUSE I REALLY DON'T THINK THEY'RE GOING TO COME BACK WITH THE SAME DESIGN, MADAM CHAIR, TAMBORA ANNOUNCES AVAILABLE.
IF Y'ALL HAVE QUESTIONS FOR, I DON'T KNOW.
THAT'S, THAT'S WHAT I WAS GOING TO SAY.
IF NORMALLY WHAT WE'LL DO IS IF THEY'RE HERE PRESENT, THEY'RE ALLOWED TO COME UP AND TELL US WHY THEY WANT TO POSTPONE.
AND IF SHE'S ON THE LINE, LET'S DO THAT BECAUSE THAT'S GOING TO MAKE, MAY MAKE A DIFFERENCE IN BRUH NANCE.
IS IT NANCY? NANCY? AND THAT'S AN ANSWER YOU ON THE LINE.
COULD YOU TELL US WHY YOU'D LIKE ANOTHER POSTPONEMENT PLEASE? UM, ESTEBAN WAS THE, UM, THE PERSON REPRESENTING OUR WALTON ON THIS AND THE TARGET AND HE'S NO LONGER WITH THE COMPANY.
SO SHE'S TRYING TO GET, GET EVERYTHING SITUATED AND, AND TO GET CAUGHT UP ON THE CASE AND THINGS LIKE THAT.
WE WERE JUST GOING TO TRY TO POSTPONE IT.
I THINK IT'S REASONABLE TO GIVE HIM ANOTHER 30 DAYS.
IT DOESN'T TAKE SOMEBODY TO 30 DAYS PLEASE, UH, UH, HAVE THEM GO BACK AND TAKE A LOOK AT THE VIDEOS.
UH, AND WHAT HAS BEEN SAID IN THE PAST.
THAT'S THE BEST WAY TO GET UP TO SPEED ON WHERE THE WIND IS BLOWING UP HERE AND I'LL MAKE A MOTION.
SO I HAVE A MOTION TO POSTPONE BY BOARD MEMBER BY NOLAND.
DO I HAVE A SECOND, SECOND BY BOARD MEMBER RODRIGUEZ? JUST TO CLARIFY CHAIR, THAT'S THE MOTION OF POSTPONE TO SEVEN 11, RIGHT? 11.
LET'S CALL THE ROLL ON IT CAN, AGAIN, THIS IS FOR ITEM D ONE TO POSTPONE TO JULY 11TH, 2020 TO TOMMY S YES.
PICKING THINGS BACK UP AND POSTPONED ITEM
[E-1 C15-2022-0002 Rao Vasamsetti for 5413 Guadalupe LLC 5413 Guadalupe Street (Part 1 of 2) ]
E ONE C 15 20 22 0 0 0.THIS IS 54, 13 LOT OF LOOPING STREET, RAL FAST.
[00:15:11]
ELAINE IS THE APPLICANT HERE TO HAVE A SPEAKER FOR THEM.HE'S SUPPOSED TO BE HERE IN PERSON.
HE EMAILED ME AND SAID HE WOULD BE HERE IN PERSON.
UH, WE CAN TABLE IT TILL THEY OBVIOUSLY LET'S TABLE IT FOR A LITTLE BIT LATER.
WELL, I HAD A QUESTION THOUGH, IS THERE A POSTING ERROR HERE BECAUSE WHAT THEY'RE REQUESTING IN OUR AGENDA DOESN'T APPEAR TO MATCH UP WITH ANY OF THE DRAWINGS THEY'VE PROVIDED IN THEIR APPLICATION.
I MEAN, WE CAN STILL TABLE IT AND TALK ABOUT IT LATER.
THAT'S FOR, I NOTICED THAT AS WELL, BUT YEAH, UH, I SAY, UH, UNLESS THERE OPPOSITION LET'S TABLE IT FOR NOW.
PICK IT UP AT THE END OF THE EAS WELL POSITION.
[E-2 C15-2022-0044 Jason Fryer for Lucas Schlager 1907 E 9th Street]
SEE 15 20 22 0 0 4 4, THIS IS 4 1 9 0 7 EAST NINTH STREET.ARE WE ALL SET TO GO? DO YOU HAVE A PRESENTATION? SHOULD BE IN THERE? YEAH, I SAID IT LAST WEEK.
WE'LL JUST, LET'S GET THAT PULLED UP REAL QUICK AND THEN YOU'LL HAVE FIVE MINUTES.
WE'LL START HERE WITH THE SURVEY.
THIS IS 1907 EAST NINTH STREET, OR YOU CAN SEE THIS AS A, AN ORIGINAL ONE STORY.
1940 ONES, RESIDENTS, UH, WITH A FULL SIZED LOT.
THE LOT IS JUST AT THE 57 50 SQUARE FEET, UH, FOR ALLOWING FOR AN ADU AND A PRIMARY STRUCTURE.
IF YOU CAN SWITCH TO THE SECOND PAGE, THIS IS THE EXISTING LOT.
WE ARE PROPOSING TO KEEP THE EXISTING STRUCTURE.
WE'D LIKE TO ADD A PRIMARY STRUCTURE TO THE REAR OF THIS.
SO RATHER THAN HAVING THE PRIMARY STRUCTURE IN THE FRONT OF THE ADU IN THE BACK, WE'D LIKE TO SWAP THEIR POSITIONS.
OTHER THAN THAT, WE'D LIKE TO KEEP EVERYTHING ELSE THE SAME.
WE'D LIKE TO MAINTAIN THE SAME 10 FOOT DISTANCE BETWEEN THE STRUCTURES.
WE'RE GOING TO MAINTAIN ALL COMPLIANCE WITH THE TENT AND THE SIDE SETBACKS AS WELL AS WITH FAR AND IMPERVIOUS COVER.
AND IF YOU CAN SWITCH TO THE NEXT PAGE, YOU SEE THAT AS IT STANDS RIGHT NOW, THIS PROPERTY FITS IN VERY WELL TO CHARACTER, THE NEIGHBORHOOD.
AND WE FEEL THAT REMOVING THIS STRUCTURE, ACTUALLY IT WOULD BE DAMAGING TO THE NEIGHBORHOOD.
UM, MY CLIENT, UH, LUCAS LAWYER HAS GONE THROUGH THE NEIGHBORHOOD AND LOOKED AT IT AT THIS POINT ABOUT 30% OF THE PROPERTIES.
EXCUSE ME, OF THE HOMES FROM THIS ERA HAVE ALREADY BEEN REMOVED AND REPLACED WITH NEW STRUCTURES.
UM, HIS PARTICULAR BLOCK IS MUCH HIGHER.
SO REMOVING HIS YOU'RE LOOKING AT HALF OF THE ORIGINAL HOMES ARE BEING REMOVED AND REPLACED WITH LARGER STRUCTURES.
UM, SO IN THIS CASE, WE'D LIKE TO KEEP THIS ADD ON TO THE BACK AND MAINTAIN THE CHARACTER OF THE NEIGHBORHOOD AND RESPECT THE ABILITY OF THE OWNER TO DESIGN THE PROPERTY FOR A MAXIMUM LIVABILITY.
AND IF YOU GO TO OUR LAST SLIDE, THIS IS GENTLEMEN, WE'RE PROPOSING.
THIS IS A QUICK SKETCH OF WHAT WE WERE LOOKING AT.
AGAIN, YOU CAN SEE THE EXISTING SECONDARY RESIDENCE IN THE FRONT OF THE BILL OF THE FRONT OF THE PROPERTY.
UM, AND THEN YOU CAN SEE WHERE THE SECONDARY RESIDENCE WOULD ADD ONTO THE BACK.
UH, WE'RE LOOKING AT ADDING A TWO-STORY STRUCTURE, MAINTAINING ALL OF YOUR ROOF LINES SO THAT THEY'RE WITHIN THE SETBACKS, THE PRIMARY SETBACKS AND THE MCMANSION TENT REQUIREMENTS.
UH, AND THEN AGAIN, AS I SAID, WE'RE GOING TO COMPLY WITH ALL OF THE REST OF THE REQUIREMENTS FOR FAR AND FOR IMPERVIOUS COVER.
NOW, THE NEIGHBORHOOD SEEMS TO BE VERY ON BOARD WITH THIS.
WHEN WE PRESENTED THE PACKET TO YOU, WE SENT IN OUR SIGNATURE PACKETS, UH, HE'S, HE'S DONE THE LEGWORK, HE'S GONE AND TALKED TO HIS NEIGHBORS.
UM, HE'S TALKED TO THE NEIGHBORHOOD AND GOTTEN THEIR APPROVAL.
AND WE ACTUALLY REACHED OUT TO THE HISTORIC COMMISSION AS WELL.
UNFORTUNATELY, THEY HAD SOME LOSSES IN THAT DEPARTMENT AND THEY WERE UNABLE TO GET BACK TO US IN TIME ENOUGH FOR US TO GET IN FRONT OF YOU.
UM, BUT WE WOULD LIKE TO, UH, THIS IS, UH, JUST MAKING A QUICK CHANGE BETWEEN THE POSITION OF THE TWO STRUCTURES.
IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THIS WAY.
THIS IS AGAIN, TALKING ABOUT CONCEPTUAL STRATEGY FOR THE NEIGHBORHOOD.
UH, THIS IS WHERE THE COMMUNITY, EXCUSE ME, THE CONCEPTUAL CATEGORY OF INCREASING EXISTING HOUSING STOCK AND WHILE STILL MAINTAINING THE CHARACTER OF THE NEIGHBORHOOD, WHICH IS WHAT WE'RE DOING, TRYING TO PUT A SECOND.
I'M READY TO MAKE A MOTION IF THERE'S AN OPPOSITION, BUT SHE HAS TO GO THROUGH THE PROCESS.
I DIDN'T REALIZE A PAGE DRAW THERE.
[00:20:01]
SUPPORTING INFORMATION.IS THERE ANY OPPOSITION? OKAY.
I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING.
UH, BROOKE MAY HAVE A QUESTION.
BARBARA HAS A QUESTION ALSO, BUT, UM, ON YOUR SCHEMATIC YOU HAVE THIS, THE NEW PRIMARY COVERING THE CRITICAL ROOT ZONE OF THE TREE IN THE BACKYARD.
HOW ARE YOU DEALING WITH THAT REAL QUICK BACKGROUND ON THAT QUESTION? THE ARCHITECT THAT ORIGINALLY STARTED THIS PROCESS, UNFORTUNATELY PASSED AWAY IN THE MIDDLE OF THIS.
AND SO WE HAVE PICKED UP THIS PROJECT.
WE DIDN'T REDO HIS CONCEPTUAL WORK.
WE WILL REDO THAT WORK FROM THE, GET THE GROUND UP AND MAKE SURE WE RESPECT THE CRITICAL ROOT ZONES.
AGAIN, WE'RE NOT ASKING FOR ANY VARIANCE OF ANY OTHER REQUIREMENTS AT THE SITE.
AND THE CONSENT CONCEPT THAT HE PUT TOGETHER WAS SPECIFICALLY TO GIVE AN IDEA.
OKAY, SO YOU DON'T KNOW THE SQUARE FOOTAGE OF THE PRIMARY.
WHAT IS THE, I MEAN, WHAT IS THE SQUARE FOOTAGE OF THE HOUSE IN THE FRONT? UH, THE SQUARE FOOT OF HOUSE IN THE FRONT IS 8 54, WHICH COMES IN AT RIGHT AT, UH, 15% OF THE EXISTING LOT SIZE.
SO, AND WHAT SIZE IS THIS? THE NEW PRIMARY, BUT WE HAVEN'T DONE THE FULL FAR CALCS BASED ON THE SIZE OF THE LOT, BUT WE'RE STILL GOING TO MAINTAIN THAT 40% FAR.
RIGHT? I I'M, I'M ASKING BECAUSE I DON'T, I'M TRYING TO FIGURE OUT HOW YOU'RE GOING TO WORK WITH THAT TREE AT THE MOMENT.
I DON'T HAVE A GOOD ANSWER FOR HOW WE ARE GOING TO WORK WITH THE TREE, BUT WE ABSOLUTELY WILL BE WORKING WITH THAT TREE.
SO IT'S HARD FOR US TO GIVE A VARIANCE WHEN WE DON'T HAVE A, UH, SOME SORT OF WHAT WE'RE GIVING A VARIANCE TO, UM, BECAUSE WE USUALLY TIE IT TO A DRAWING OR SOMETHING.
AND FOR YOU, AND DON'T, THIS IS NOT PERSONAL AT ALL.
UM, WE HAVE BEEN TOLD THINGS IN THE PAST THAT HAVE, BECAUSE THERE WAS NOTHING, IT WASN'T TIED TO ANYTHING.
UM, LET'S JUST SAY THE OUTCOME WAS NOT HAD, UM, UNINTENDED CONSEQUENCES FOR CERTAIN STRUCTURES OR CERTAIN TREES ON, ON PROPERTIES.
AND SO, UM, IT MAKES IT HARD FOR US TO MAKE A DECISION WITHOUT COMPLETE INFORMATION.
CAN I, CAN I RESPOND TO THIS? SO WE'RE NOT ASKING FOR A BLANKET, HEY, WE'RE GOING TO CONSTRUCT ON THIS SITE, WE'RE ASKING FOR THE ABILITY TO DESIGN A STRUCTURE ON THE BACK HALF OF THE SITE THAT COMPLIES WITH ALL THE REQUIREMENTS AND MY UNDERSTANDING, WORKING WITH THE CITY AND WORKING WITH CODY GREENBERG, HE'S AMAZING.
AND THE TREE DEPARTMENT, HE'S NOT GOING TO APPROVE A STRUCTURE THAT WOULD ENCROACH ON THAT Z.
AND WE WON'T PRESENT ONE EITHER.
AND THE CLIENT SPENT A LOT OF TIME WORKING WITH ORIGINAL ARCHITECT AND MONEY INVOLVED, AND WE DIDN'T FEEL LIKE IT WAS FAIR FOR US TO CHARGE HIM TO REDESIGN THE PROJECT AGAIN, BEFORE WE EVEN KNOW IF IT WAS A VIABLE OPTION TO PUT A SECONDARY STRUCTURE IN THE BACK, I THINK IT'S A VIABLE OPTION.
UM, I JUST WORRY ABOUT YOUR TREE BECAUSE IT'S, I MEAN, I'M TRYING TO FIGURE OUT HOW YOU'RE GOING TO, YOU KNOW, UM, SO I DON'T KNOW IF WE CAN PUT A CONDITION, MICHAEL, THAT'S JUST WHERE I WAS GOING TO GO.
WE CAN CONDITIONER, WE HAVE DONE IT IN THE PAST WHERE WE WOULD PUT IN A CONDITION THAT THEY HAVE TO HAVE VERIFIABLE PROOF OF ROUTE MITIGATION MEETING THE CITY OF AUSTIN ARBORIST REQUIREMENTS.
AND THEN THAT GOES INTO THEIR FILE WHEN THEY GO THROUGH THE ENTIRE PROCESS.
AND AS, AS THEY'RE GETTING THEIR INSPECTIONS, WHEN THEY GET THEIR SLAB LAYOUT INSPECTION AND ALL THAT, AND WE'VE DONE THAT IN THE PAST.
I THINK THE REASON I'M COMFORTABLE WITH THAT.
THE REASON I'M, I'M OKAY WITH IT.
AND I WAS GOING TO MAKE A MOTION TO APPROVE IS BECAUSE EVERYTHING ELSE, THEY ARE DOING FAR SETBACK EVERYTHING.
BUT I, I, I, I FIGURED WILLIAM GOD REST HIS SOUL.
IF HE WAS STILL ALIVE, HE WOULD HAVE, HE PROBABLY WOULD HAVE TAKEN THAT INTO CONSIDERATION THE GROUP.
BUT WE HAVE DONE WHERE WE REQUIRE ROOT MITIGATION, WHICH BASICALLY YOU WOULD HAVE TO PUT TOGETHER A PLAN PROVIDED TO THE CITY ARBORIST.
HE OKAYS IT, IF NOT, BECAUSE SOMETIMES, AND I'VE DONE A LOT OF CONSTRUCTION FOR THE CITY IN A PAST LIFE BEFORE I RETIRED AND WE WOULD HAVE THE CUTS GO INTO THE CRITICAL ROOT ZONE, BUT WE ALSO HAD TO DO THE WHOLE MITIGATION AND THE INJECTION AND THE TREE.
IT IT'S JUST LIKE, IT JUST CAME OUT OF THE WOMB.
YOU KNOW, WE DON'T WANT IT TO GO AWAY EITHER.
THAT'S, THAT'S WHERE I WAS GOING TO GO.
AND I'M OKAY WITH THAT MOTION.
AS LONG AS WE ADD THAT IN, IS THAT ACTUALLY A MOTION OR ARE YOU SAYING YOU WERE GOING TO MAKE A MOTION BECAUSE I'LL MAKE A MOTION TO APPROVE WITH THAT, WITH THAT AMENDMENT INCLUDED THAT, UH, AND JUST SO THAT, YOU KNOW, ELAINE'S THAT THEY HAVE TO PROVIDE A ROUTE MITIGATION PLAN TO THE CITY ARBORIST FOR APPROVAL BOARD MEMBER MACARTHUR.
UH, MOST OF MY CONCERNS WERE JUST VOICED.
I DO SUPPORT THE CONCEPT OF ADDING ANOTHER STRUCTURE ON THE LOT, BUT I WAS CONCERNED ABOUT THE TREE
[00:25:01]
AND I'M WILLING TO ACCEPT IT AS LONG AS WE HAVE WORDS IN IT ABOUT THE TREE BLOOD MEANT BY PERMIT MADE SURE WHAT I UNDERSTAND.SO WE'RE TALKING ABOUT BASICALLY WHAT IS ON THIS AS A CONCEPTUAL PLAN, AS LONG AS THEY COMPLY WITH WHATEVER CITY STAFF TELLS THEM TO DO WITH REGARD TO RE MITIGATION AT THAT PARTICULAR TREE WHOSE CRITICAL ROOT ZONE IS BEING IMPACTED.
AND THEN, UM, WE'VE TYPICALLY CONDITIONED THESE ALSO UPON THE ADU NOT BEING USED AS A LOG AS TO ANY, ANY OF THE RESIDENCES THEY'RE BEING USED FOR SHORT-TERM RENTALS.
AND I DON'T KNOW IF THAT'S GOING TO BE PART OF MOTION THAT, UH, THAT, UH, IT IS NOW.
I JUST HAD A FRIENDLY AMENDMENT I'M HEARING.
ANY OTHER HANDS, THE VIRTUAL, ANY OTHER, UH, WELL, AS, AS PART OF THE MOTION TO APPROVE THE APPROVAL WITH THE LIMITED FAR, THE POINT FOR, UH, CAUSE I KNOW HE SAID THAT THEY INTEND TO KEEP THAT THAT'S, THAT'S FINE AS WELL BECAUSE YOU'VE ALREADY PRETTY MUCH COMMITTED TO THAT.
THAT'S A ACCEPTABLE, FRIENDLY AMENDMENT AS WELL.
AND I SECOND THAT AMENDMENT THEN OUT, BUT THAT MOTION, I DON'T THINK THAT THE SECOND BIGGEST YET.
SO WE ACTUALLY NEEDED A SECOND FOUR OR BROOKE, DID YOU SECOND TODAY? NO, WE'LL TAKE THAT AS THE SECOND FOR THAT LIMIT FOR, OKAY.
SO THIS IS GOING TO BE A MOTION TO APPROVE, UH, WITH THE CONDITIONS THAT THE APPLICANT PROVIDE ROOT A ROOT MITIGATION PLAN TO THE CITY ARBORIST TO ENSURE THE PROTECTION OF THE CRITICAL ROOT ZONE.
NO S T R SMALL SHORT TERM RENTALS AND LIMITED TO 0.4 F A R, CORRECT.
CAN I, CAN I CLARIFY SOMETHING REAL QUICK? IT, THEY, THE REQUIREMENT IS NOT THAT THEY PRESENT A PLAN.
THE REQUIREMENT IS THAT CITY STAFF APPROVED PROVEN PLAN A ROUTE MITIGATION PLAN AND THAT THE CONDITION AT THE, AT THE PLAN BE APPROVED IS WHAT THE CONTINGENCY IS.
SEE CITY STAFF APPROVE ROUTE MITIGATION PLAN, UH, TO THE CITY ARBORIST, MADAM CHAIR.
IT WAS MICHAEL VON OLIN FOR, UM, THAT MOTION TO SEND SECONDED BY ADELE PUT, OKAY, THANKS.
FINDINGS REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW A RE REASONABLE USE BECAUSE THE LDC WOULD REQUIRE A SIGNIFICANT MODIFICATION DEMOLITION OF AN EXISTING STRUCTURE IN ORDER TO ADD AN ADU TO THE REAR OF THIS STRUCTURE AND INCREASE THE SIZE OF THE PRIMARY STRUCTURE, BUILDING A NEW PRIMARY STRUCTURE IN THE FRONT OF THE NEW ADU TO THE REAR WOULD ELIMINATED AN EXCELLENT EXAMPLE OF THE 1940S ARCHITECTURE IN THE NEIGHBORHOODS.
THE HARDSHIP FOR WHICH A VARIANCE HAS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE PROPERTY IS ONE OF THE FEW ORIGINAL 1941 BUNGALOWS STILL IN GOOD REPAIR IN THE NEIGHBORHOOD, MAINTAINING THE STRUCTURE LIMITS THE HONORINGS ABILITY TO EXPAND THE DWELLING SIZE ON THE PROPERTY.
AND THE ADU PLACEMENT REGULATIONS WOULD REQUIRE THE OWNER TO REMOVE AND OR HEAVILY MODIFIED THE EXISTING STRUCTURE TO ADD ADDITIONAL LIVABLE, LIVABLE SQUARE FOOTAGE.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE MOST OF THE LOTS IN THIS AREA HAVE ALREADY BEEN DEMOLISHED.
THE ORIGINAL BUILDINGS FROM THE 1940S AND ARE THUS NOT RESTRICTED FROM BUILDING LARGER STRUCTURES AND OR ADDITIONAL UNITS ON THE PROPERTY AREA.
CHARACTER, THE VERY INTEGRAL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING'S DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THIS VARIANCE IS REQUESTING THAT THE ADU AND PRINCIPLE STRUCTURE BE SWAPPED WITH RELATION TO THE FRONT LINE, ALLOWING THIS VARIANCE WILL HELP TO MAINTAIN THE NEIGHBORHOOD CHARACTER.
[00:30:02]
LUCHINI YOUR EMOTION ARE SORRY.YOUR VARIANCE HAS BEEN GRANTED.
BY THE WAY, FOR SAVING THAT LITTLE HOUSE, IT'S SUPER CUTE.
[E-3 C15-2022-0047 Christian Gutierrez for Steven Walker 4522 Caswell Avenue]
ITEM E THREE C 15 20 22 0 0 4 7.THIS WILL BE 4 4 5 2 2 CASWELL AVENUE, CHRISTIAN
LET US GET YOUR PRESENTATION PULLED UP AND THEN YOU'LL HAVE FIVE.
SO I JUST WANT TO MENTION THAT STEVE WAS GOING TO MAKE THE PRESENTATION, BUT HE JUST GOT DIAGNOSED WITH COVID.
SO I'M JUST GOING TO READ IT FOR HIM.
AND OKAY, SO FIRST I WANT TO THANK YOU FOR GIVING ME THE OPPORTUNITY TO PRESENT THE CASE TO YOU TODAY.
IN OCTOBER, 2018, MY WIFE AND I PURCHASED THE PROPERTY LOCATED AT 45, 22 CASWELL, WHERE THE EXPECTATIONS THAT WHEN I RETIRED, WE WOULD MOVE TO AUSTIN.
I NEEDED AN OFFICE WHERE I COULD CONTINUE TO WRAP UP MY PRACTICE.
THE OBVIOUS CHOICE WAS TO TRANSFORM THE GARAGE INTO A SPACE THAT WOULD BE COMFORTABLE AWAY FROM THE HOUSE WITH GOOD INTERNET.
WE HIRED CHRISTIAN WITH THE ADDRESS AND HIS COMPANY TO ACT AS GENERAL CONTRACTOR FOR THE PROJECT.
OUR PROPOSED PLANS TO RENOVATE THE EXISTING GARAGE INTO A SECONDARY DWELLING HAVE BEEN DENIED PERMIT APPROVAL DUE TO A HARDSHIP CREATED BY TWO CONFLICTING CODES OR CODE RESTRICTIONS.
THOSE SPECIFIC CODES SECTIONS ARE REFERENCED IN OUR VARIOUS REQUESTS APPLICATION.
ON ONE SIDE, WE WERE TOLD THAT WE COULD NOT MOVE THE STRUCTURE CLOSER TO THE EXISTING PROTECTED TREE, BECAUSE DOING SO WOULD AFFECT THEM AND DOES WHAT THE NY OR APARTMENT REQUEST IT IS WORTH MENTIONING THAT LIVING THIS STRUCTURE, WHAT IT IS, WHAT GRANT IS TREE ORDINANCE APPROVAL, AS IT HAS BEEN STATED BY THE CITY ARBORIST UPON INSPECTION, THAT WOULD BE JAMES GOBEL.
ON THE OTHER SIDE, WE WERE TOLD THAT WE ARE ENCROACHING OVER THE REAR YARD SETBACK RESTRICTION AND WOULD HAVE TO MOVE THE STRUCTURE OUTSIDE THE SANDBAG RESTRICTION TO COMPLY.
SO WE CAN BE GRANTED OR PERMIT REQUESTS.
AS YOU CAN SEE THESE TWO CODE REGULATIONS CONFLICT WITH EACH OTHERS.
WE ARE DENIED A PERMIT FROM THE TREE ORDINANCE.
IF WE MOVE THE OTHER DIRECTION WHERE THE NIGHT APPROVAL FROM STONING, THE APARTMENT, WE ARE HERE TO CHANGE.
WE ARE NOT HERE TO CHANGE THE COMPLEXION OF HIGH PARK NOR THE CHARACTER OF OUR NEIGHBORHOOD.
ON THE CONTRARY, THE PROPOSED STRUCTURE IS ASSIGNED IN A WAY TO PRESERVE HIS ARCHITECTURAL HISTORIC FEATURES AND VALUES CONSISTENT WITH OUR HOUSE AND WITH THE HOUSES IN THE AREA.
OUR HOUSE IS A BEAUTIFUL OLD 1930S CRAFTSMAN HOME.
AND WE WOULD LOVE TO PRESERVE THAT AS MUCH AS POSSIBLE.
WE ARE ASKING THIS BOARD FOR A VARIANCE TO THE REGULATIONS THAT HAVE CREATED THE HARDSHIP DUE TO THE CONFLICTING SET OF RULES.
WE ASK THAT WE BE ISSUE A PERMIT THAT ALLOWS US TO BUILD 30 FEET INTO THIS SET OF RESTRICTIONS.
SEWN, THANK YOU FOR YOUR TIME.
IS THERE ANY OPPOSITION? ALL RIGHT.
SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND OPEN IT UP TO QUESTIONS, BOARD MEMBER VANILLIN.
SO WHAT IS, AND I KNOW YOU YOU'RE SUBSTITUTING RIGHT NOW FOR CHRISTIAN, WHAT I'VE READ AND WHAT I RESEARCHED HERE IN YOUR PACKET IS HE WANTS TO MAINTAIN THE EXISTING GARAGE WHERE IT IS ON THE EXISTING FOOTPRINT.
HE JUST WANTS TO REMODEL IT INTO, INTO HIS OFFICE.
THAT ALL, I MEAN, HE CAN GO UP.
HE JUST, HE'S NOT GOING OUT ANYWHERE, IS THAT CORRECT? NO.
UH, SO ACTUALLY WE WOULD ACTUALLY EXTEND TO THE FRONT, WHICH THAT'S NOT THE RESTRICTION THAT WE'RE ENCROACHING ON.
IT WOULD BE THE, THE BACK, THE REAR YARD SETBACK, WHICH IS NOT, I UNDERSTAND THAT, BUT I MEAN, HIS REMODEL THAT YOU TELLING ME THAT HE'S GOING TO REMODEL AND EXPAND THE BUILDING TO THE FRONT.
CAUSE THE EXISTING WOULD BE THE DWELLING.
AND THEN WE WOULD ADD AN ENCLOSED GARAGE IN FRONT OF THAT STRUCTURE.
SO HE'S GOING TO DEMO THE GARAGE THAT IS THERE.
SO, BECAUSE THAT'S NOT WHAT I WAS UNDERSTANDING WHEN I WENT YES, YES.
THAT THE GARAGE WOULD BE, WE ACTUALLY WOULD KEEP, UM, AT LEAST 50% OF THE STRUCTURAL, UM, THE STRUCTURAL FRAMING OF THE, UH, SO IT'S A RENOVATION PERMIT,
[00:35:01]
SO WE'RE NOT DEMOING THE WHOLE BUILDING AND WE ARE RENOVATING IT WITH THE SAME ARCHITECTURAL FEATURES AS IT IS NOW.UM, I BELIEVE I SAW TWO WALLS THAT WERE GOING TO REMAIN IN TASKS.
IS THAT CORRECT? YES, THAT IS CORRECT.
SO THAT'S GOING TO STAY ON THE EXISTING.
WE'RE JUST ENCROACHING THREE AND A HALF FEET OVER THIS EPIC BECAUSE IT WAS BUILT WAY BACK IN THE DAY.
I'M SURE THERE'S GOING TO BE SOME ADDITIONAL QUESTIONS.
SO I'LL WAIT TO MAKE A MOTION PART NUMBER MACARTHUR.
UH, SO I'M LOOKING AT THE PICTURE RIGHT NOW.
SO YOU'RE NOT EXTENDING THE ENCROACHMENT TO YOUR NEIGHBOR'S SIDE YARD.
YOU'RE KEEPING THE SAME FOUNDATION OF THE EXISTING OLDER STRUCTURE.
UH, WE ARE, WE, WE WOULD HAVE TO EXTEND THE FOUNDATION TOWARDS THE NEIGHBORS.
THAT'S THE REAR, BUT A YARD SETBACK.
UH, WE'RE NOT AFFECTING THEM IN ANY WAY BECAUSE THE TREES THAT ARE PROTECTED ARE ON THE OPPOSITE SIDE AND THEIR TREE IS, UM, IT'S FAR AWAY THAT WE'RE NOT GONNA ENCROACH ON THE CRITICAL ROOT ZONE THAT SAYS FOR THE NEIGHBORS AND THE ONES THAT ARE IN TH IN THE LOT, UH, HAVE BEEN AS INSPECTED.
WE DID SOME, UM, AEROSPACE THING AND HAVE BEEN INSPECTED BY JAMES GLOBAL.
AND HE SAID, UH, IF WE WERE GRANTED TO KEEP IT WHERE IT IS LIKE OVER THE SETBACK, HE WOULD BE, HE WOULD APPROVE IT, BUT HE WOULD NOT ALLOW US TO BASICALLY BRING IT OUTSIDE THE SETBACK FOR THE FULL, UM, WITH, OF THE, UH, STRUCTURE.
LET ME BARBARA, IF I COULD HELP YOU UNDERSTAND IT.
CAUSE I'M LOOKING AT E THREE 11, THE WAY YOU EXPLAINED IT THOUGH, IN HER QUESTION WAS IF YOU WERE GOING TO ENCROACH TOWARDS YOUR NEIGHBORS OR THE OTHER NEIGHBORS IN A WAY I SEE ON E THREE 11, ACCORDING TO THE SURVEY THAT THE DRAWING, WHICH HAS A, UH, ARCHITECTURAL SEAL ON IT, I SEE WHERE THE EXISTING GARAGE IS SITTING IS STAYING IN THE SAME PLACE.
THE YOU'RE ACTUALLY ADDING THE ADDITION GOING TOWARDS THE DRIVEWAY.
IT'S NOT GOING TOWARDS A NEIGHBOR.
SO MY QUESTION WAS, ARE YOU EXTENDING TO THE NEIGHBOR ON EAST 46TH STREET? OR YOU JUST, OKAY.
BECAUSE THERE'S, THERE'S A LARGE TREE RIGHT THERE.
THERE'S FIVE TREES THAT WE HAD TO DEAL WITH.
THAT ARE PROTECTED BOARD MEMBER BAILEY.
I HAVE A, I HAVE A COUPLE OF QUESTIONS.
FIRST IS WHAT IS THE, THE SQUARE FOOTAGE THAT YOU'RE ADDING? UH, WE'RE ADDING 222 SQUARE FEET, I BELIEVE FOR THE GARAGE.
SO YOU'RE ADDING THAT WHERE THE DRIVEWAY IS CURRENTLY.
SO HOW DEEP IS GOING? THE NEW DRIVEWAY GOING TO BE FROM THE PROPERTY LINE, NOT THE STREET FROM THE PROPERTY LINE TO THE FRONT OF THAT NEW GARAGE.
UM, IT'S GOING TO BE, I BELIEVE IT'S 11 FEET.
WE WERE, UM, WE HAD SOME, UM, WE HAD SOMEBODY OUT THERE TO MARK HOW FAR WE COULD EXTEND.
CAUSE THE THING I WORRY ABOUT IS YOU'RE GOING TO HAVE CARS.
I KNOW THERE'S NOT A SIDEWALK THERE, BUT THERE COULD BE AT SOME POINT, YOU KNOW, IN THE CITY RIGHT OF WAY, BECAUSE A TRUCK IS LONGER THAN 11 FEET.
THE GARAGE ITSELF IS IT'S 20 FEET.
WELL THE GARAGE, BUT THE DRIVEWAY SAID THINGS HAPPENED TO, YEAH.
I NOTICED THEY HAVE AN RV PARKS THERE, SO YEAH.
THAT'S ACTUALLY NOT THERE AS THEY'RE JUST LETTING OKAY.
BUT IF SOMEBODY, IF SOMEBODY CAME TO VISIT THEM OR IF THEIR GARAGE GOT FILLED WITH STUFF LIKE PEOPLE'S GARAGES, DO THEIR CARS ARE GOING TO BE EXTENDING OUT PAST THAT DRIVEWAY.
NOT QUITE DEEP ENOUGH IS WHAT I'M SAYING.
UM, YEAH, I GUESS THE, THE EXTERIOR WALL OF THE GARAGE, THERE'S ONLY A FIVE AND A HALF FEET TO THE RIGHT OF WAY OF, TO THE BEGINNING OF THE ROW AXIS.
ACTUALLY WHAT I'M SEEING ON E THREE 11, AGAIN, WITH THE SEAL ON IT, IF YOU LOOK REAL CLOSE, IT'S 15 FEET, FOUR INCHES FROM THE FACE OF THAT GARAGE TO THAT, IT LOOKS LIKE THE PROPERTY LINE.
AND THEN THEY'VE GOT ANOTHER ADDITIONAL, I CAN'T TELL WHAT, WITHOUT A SCALE.
I CAN'T SEE WHAT THEY HAVE FROM THERE TO THE BACK OF THE CURB.
BUT UH, WHERE YOU SAYS PAINT, WASH OUT AREA, CONCRETE WASH OUT AREA, HE'S GOT 15 FEET, FOUR INCHES FROM THE FRONT OF THE PROPOSED, A GARAGE ADDITION TO THE PROPERTY LINE.
IS IT POSSIBLE ALL THAT, OH, THOSE DOCUMENTS WE SUBMITTED.
IS IT POSSIBLE TO FOLLOW ALONG? I GOT TO ASK THE TEXT, MAN.
UM, YEAH, THAT'S THE SITE PLAN.
THE NEW SITE PLAN IS WHAT WE'RE DISCUSSING AND WHILE THEY'RE TRYING TO PACKAGE YEAH.
[00:40:01]
YEAH.SO, AND WHILE THEY'RE TRYING TO PULL THAT UP, UM, HAVE YOU MET WITH THE NEIGHBORHOOD AND THE NEIGHBORS? UM, NO WE HAVEN'T.
THAT IS USUALLY A, UM, SOMETHING THAT WE ASK YOU TO DO SO THAT WE FIND OUT IF YEAH, YEAH.
NOBODY REQUESTED OR SUGGESTED WE'VE BEEN DEALING WITH, UH, WITH THIS PROCESS FOR OVER TWO FOR YEAH.
IT'S ACTUALLY IN YOUR PACKET WHEN THEY GIVE YOU THE PACKET TO APPLY FOR YOUR VARIANTS, IT'S IN THERE, IT'S SAYS IT, IT REQUESTS IT.
SO IT'S THERE JUST TO POINT OUT REAL QUICK.
I DID NOTICE THAT THERE WERE THREE LETTERS IN SUPPORT OF ONE OF THEM INCLUDED THE FRIENDS OF HYDE PARK.
AND THEN THERE'S ONE LETTER BOB POSITION.
THAT'S NOT THE NEIGHBORHOOD ASSOCIATION, WHICH IS THE HIGH PARK WHO IS FRIENDS OF HYDE PARK.
THEY'RE THEY'RE A SMALLER ORGANIZATION.
BUT, UM, I'M, UH, I'M A MEMBER OF FRIENDS OF HYDE PARK.
BUT THERE'S MORE THAN ONE AND THEY HAVEN'T EVEN MET WITH FRIENDS OF HYDE PARK.
WE USUALLY, I MEAN, THAT'S USUALLY SOMETHING THAT WE HAVE THE APPLICANTS DO TO MEET WITH THE NEIGHBORS, MEET WITH THE NEIGHBORHOOD ASSOCIATION, SHOW THEM WHAT YOU'RE DOING.
CAUSE A LOT OF TIMES THEY'LL GIVE YOU A LOT OF SUPPORT AND IT HELPS PAVE THE WAY.
I KNOW WE'VE TALKED ABOUT THE, THE NEXT DOOR NEIGHBORS, THE ONES THAT ARE NEXT TO THEM, UM, ON THE REAR YARD SETBACK, AND THEN THE PEOPLE THAT ARE, UM, UH, OPPOSITE TO THE 46TH STREET BECAUSE WE'VE BEEN THERE, YOU KNOW, DOING SOME, SOME WORK.
AND WE HAVEN'T EXPLAINED, YOU KNOW, THE WHOLE, THE FULL CONSTANT, I GUESS I'M MOSTLY WORRIED ABOUT THE PEOPLE THAT ARE ON 46TH STREET ADJACENT TO YOU BECAUSE THAT'S WHO IT'S GOING TO AFFECT THE MOST.
HAVE YOU MET WITH THEM AND SHOWED THEM? WE HAVEN'T EXPLAINED WHAT WE'RE GOING TO DO.
I HAVEN'T REALLY LIKE GONE IN THERE TALKING ABOUT, WE WERE GOING TO HAVE THIS DISCUSSION WITH THE CITY.
AND, BUT I MEAN, THEY KNOW THAT WE'RE WORKING WITH THE ARBORIST AND EVERYTHING.
NO, THEY HAVE NOT BOARD MEMBER RODRIGUEZ.
I'M LOOKING AT YOUR, UM, STRUCTURAL DRAWINGS ON EACH 3 23.
AND DO I HAVE IT, AM I INTERPRETING IT RIGHT? THAT YOU HAVE TWO PEERS IN THAT 50% CRITICAL ROOT ZONE? WE, UM, THE WAY WE HAVE IT AS THE WAY THAT, UH, HAS BEEN PRESENTED TO, TO JAMES GOBEL.
SO I DON'T THINK I SAW IT IN THE PACKAGE.
DO YOU HAVE A WRITTEN STATEMENT THAT HE'S YES.
I HAVE AN EMAIL FROM THEM THAT THEY DIDN'T BE INSPECTED.
THE AREAS DID YOU INCLUDE IT IN THE, UM, I DON'T THINK I INCLUDED IT FOR THIS.
I THINK THAT WOULD BE HELPFUL.
AND THEN ALSO THE STRUCTURAL DRAWINGS DON'T SEEM TO SHOW THE DETAIL FOR THE PIER, WHICH USUALLY IF YOU'RE BUILDING IN THE CRITICAL ROOT ZONE, YOU'LL SEE LIKE A VOID BOX MADE OUT OF CARDBOARD AND IT SHOULD BE DOCUMENTED IN THE STRUCTURAL DRAWINGS.
I BELIEVE THAT IS AT THE, UH, AT THE BOTTOM PORTION OF THE, UH, UH, OF THE PACKAGE.
AND IT ALSO HAS REFERENCED TO WE'RE USING SOME, UH, A HELICAL.
I SAW THAT, BUT I DIDN'T SEE THE DRAWING FOR IT.
IT'S JUST A VERBAL STATEMENT THAT, IS THERE A DRAWING FOR IT THAT I MISSED.
AND I CAN MAKE SURE THAT WE WANT ME TO THE, WHERE, WHAT SHEET THAT IS ON AND WHAT, WHAT THE DETAIL IS.
SHE'S STILL WAITING ON THE DIAGRAM.
SO I'M ON, ON THAT AXON DRAWING.
THAT'S ON
[00:45:01]
IT'S THERE'S ARROWS POINTING TO LIKE A BLANK SPACE.LIKE ALMOST LIKE IT DIDN'T MAKE IT ON THE SHEET OR SOMETHING.
I KNOW THAT I'M NOT FINDING THE FILE, BUT I KNOW THAT THERE IS AN ACTUAL DRAWING OF THE PIER WITH A BRACKET THAT THE, UH, THAT THE FOUNDATION IS GOING TO BE MOUNTED ON WITH BOYD BOXES.
NO, IT'S ALL STEEL IT'S STEEL AND IT HAS THE METAL BRACKET.
AND THEN THE, THE, CAUSE THE, THE FOUNDATION, WE WERE PLANNING ON BUILDING IT WITH I-BEAMS WITH STEEL BEAMS, BUT SO UNDER THE SLAB WHAT'S HAPPENING THERE.
THEY JUST DRIVE, THEY JUST DRIVE IT, THEY JUST DRIVE THE PEER TO SUBSTRATE TO A CERTAIN PRESSURE TO WHERE IT'S OKAY.
STRUCTURALLY SOUND FOR ME, MY CONCERN IS JUST THE TREES.
AND I WOULD LIKE TO SEE A WRITTEN STATEMENT FROM THE ARBORIST.
AND I WOULD LIKE TO SEE A DETAILED YES.
BECAUSE I KNOW WE HAVE THE DETAIL OF I'LL MAKE SURE THAT WE INCLUDED.
AND THE REASON WHY WE'RE ACTUALLY GOING WITH THAT SYSTEM FOR PEERS IS TO MINIMIZE THE IMPACT ON THE ROOT ZONE.
BECAUSE IF WE USE CONCRETE IS GOING TO BE TWICE AS WIDE FOR THE, FOR THE EXCAVATION.
AND THESE ARE JUST DRIVEN IN, LIKE I SAID, I THINK IT'S JUST A MATTER OF JUST INCLUDING THE DOCUMENTATION FOR MEMBER MACARTHUR.
I'M LOOKING AT THE DOCUMENT TOO.
AND I THINK IF YOU'RE RUNNING PEERS THROUGH AN EXISTING CONCRETE FOUNDATION, THEN YOU PROBABLY CAN'T AIR DRILL TO LOOK FOR THE BIG TREE ROOTS.
SO I THINK WE JUST NEED A LITTLE MORE DETAILS ON THE TREE PROTECTION.
THE PROPOSED SITE PLAN ON PAGE THREE SEC SLASH 16, IS THAT WHAT YOU'RE PLANNING TO BUILD? BECAUSE OF THE INTRODUCTION MENTIONED AN OFFICE.
SO I JUST WANTED TO DOUBLE CHECK.
IT IS A SECOND, A SECONDARY DWELLING.
UH, HE'S USING IT AS AN OFFICE.
AND IS THE INTENT OVER TIME TO LEASE THAT OUT? NO, NO, THIS IS THE DREAM HOME AND THIS IS THE RETIREMENT HOME.
THERE, THEY'RE DEFINITELY NOT CONSIDERING THAT GUESS.
I EVEN SUGGESTED BUILDING UP CAUSE WE HAD NO RESTRICTIONS GOING UP JUST FOR SQUARE FOOTAGE PURPOSES AND THEY DENIED BECAUSE THAT'S JUST, UH, INTENDED FOR THEM FOR THE REST OF THEIR LIFE.
WELL, IF YOU GO BACK AND TALK TO YOUR NEIGHBORS AND THE APPLICABLE HOMEOWNERS ASSOCIATION, AGAIN, IT WOULD BE, I DON'T KNOW IF THEY'VE SEEN THIS PARTICULAR FLOOR PLAN OR NOT, BUT IF NOT, THAT WOULD BE SOMETHING TO INCLUDE BOARD MEMBER SMITH.
SO I'M LOOKING AT THE ONE, OBJECTION.
THAT'S IN THE FILE AND I, THE WAY I'M READING IT, IT SOUNDS LIKE THIS, UH, INDIVIDUAL, HAS IT BACKWARDS? HAVE YOU SEEN THIS OBJECTION? NO, I HAVE NOT.
UM, THEY SAY THAT THEY SHOULD TRY, THEY SHOULD ADD THE FIVE FOOT THEY'RE GOING TO GAIN TO THE FRONT OF THE GARAGE SLASH STUDIO, WHICH HAS AMPLE DISTANCE TO ACCOMMODATE THE FIVE FOOT AS OPPOSED TO THE REAR OF THE STRUCTURE, BUT THE FRONT OF THE, UH, THE STRUCTURE, UH, WE'RE NOT ENCROACHING ON ANY RESTRICTIONS.
IT SOUNDS LIKE THEY BELIEVE THAT YOU WERE GOING TO BE BUILDING THE STRUCTURE TOWARD THE REAR AS OPPOSED TO THE FRONT.
AND SINCE WE HAVEN'T SPOKE TO ANYONE, THEY PROBABLY JUST WENT ONLINE TO READ WHAT WAS SUBMITTED AND MISUNDERSTOOD.
THAT'S WHAT IT SOUNDS LIKE, MAYBE.
SO I THINK AT THIS POINT, I'M GOING TO GO AHEAD AND MAKE A MOTION TO POSTPONE BECAUSE WE'RE, WE'RE DEFINITELY LOOKING FOR HIM FOR MORE INFORMATION.
UH, HEARD THAT WE WANT TO SEE THAT EMAIL FROM THE ARBORIST.
AND, UH, THERE WAS REQUEST TO SEE A MORE DETAILED STRUCTURAL DRAWING AND DEFINITELY MEETING WITH THE NEIGHBORS AND THE HOMEOWNERS ASSOCIATION.
UM, AND THE, UH, INFORMATION SUBMITTED BEFORE THE HEARING, I WANT TO SAY WE SUBMITTED A, UH, IF IT'S NOT THE ACTUAL EMAIL, WE SUBMITTED AN IMAGE OF THE EMAIL WITH THE DATE AND TIME WHEN MR. GOLDMAN REPLIED.
SO IT SHOULD BE ACTUALLY PART OF THE PACKAGE REGARDLESS.
WE'RE DEFINITELY GOING TO NEED YOU TO MEET WITH THE NEIGHBORS AND OKAY.
ALSO MADAM CHAIR, LIKE AUGUSTINA SET UP, UH, COMMISSIONER SAID, I WOULD LIKE TO SEE WHAT, WHAT THESE DETAILS ARE GOING TO BE FOR THE THREE INCH PIPE AND THE EIGHT INCH FLIGHT.
CAUSE EVEN IF YOU'RE DRIVING THESE THINGS INTO THE GROUND AND I WAS A CONTRACTOR, BUILD THAT
[00:50:01]
WITH MY EYES CLOSED.IF YOU DRIVE THESE THINGS INTO THE GROUND, YOU RUN A RISK FOR THE, FOR HITTING THE CREDIT.
ANOTHER CONCERN THAT I HAVE, IF THIS IS AN OFFICE, ONE OF THE OTHER CONCERNS THAT I HAVE AND THE VISION THAT I WAS, I WAS GOING TO MAKE A POSTPONEMENT AS WELL IS AS YOU LOOK AT THE DRAWING FOR AN OFFICE, HE'S GOT A STOVE, HE'S GOT A SINK AND HE'S GOT A, GOT A BATHROOM.
AND I'VE BEEN UP HERE FOR, FOR MANY, MANY YEARS, 15 YEARS GOING ON PLUS, AND I'VE SEEN A LOT OF STEALTH ADU.
IF IT'S GOING TO BE AN ADU, LET'S CALL IT AN ADU.
IT'S NOT LESS IS MORE AT THIS POINT.
WHEN I SEE A BATHROOM AND WHEN I SEE A STOVE AND I SEE A SINK, THE FIRST THING COMES TO MY MIND.
THIS IS THE PERFECT DEP ADU IN.
YOU'LL FIND IT QUITE A BIT OF SUPPORT FOR THEM, ESPECIALLY WITH THE HOUSING CRUNCH THAT WE HAVE IN AUSTIN.
BUT I MEAN, IF IT'S GOING TO BE AN ADU, LET'S CALL IT AN ADU AND NOT AN OFFICE BECAUSE REALLY, QUITE FRANKLY, I DON'T SEE A DESK AND YOU'RE DRAWING OVER HERE, YOU KNOW? SO THAT GETS, THAT, THAT SORT OF SENDS A RED FLAG UP TO US.
YOU DO HAVE A BONAFIDE HARDSHIP.
AND, UH, READING YOUR HARDSHIP AND, AND, UH, YOUR FINDINGS, BUT WITHOUT SEEING HOW THOSE PERIODS ARE GOING TO GO IN AND IMPACT THAT WITHOUT EVEN THOUGH YOU'VE GOT A COPY OF IT, WE DON'T HAVE A COPY OF IT IN THE PACKAGE FOR WHATEVER REASON, YOU KNOW, STUFF HAPPENS.
IF YOU COULD PROVIDE THAT INFORMATION.
I THINK YOU'D PROBABLY, YOU'D PROBABLY DO WELL OFF.
AND THE REAL BIG THING IS GET WHAT THE HOA NET AREA.
LET THEM SEE YOUR DRAWINGS BECAUSE YOU KNOW, YOU DON'T WANT THAT.
YOU DON'T WANT IT TO GET UP TO THE STARTING LINE AND THEN, YOU KNOW, HAVE IT CRUMBLED BENEATH YOU.
BUT EVERYTHING ELSE HERE LOOKS, LOOKS PRETTY GOOD.
THAT SECOND TO YOUR POSTPONE ME JUST GIVING THEM A LITTLE GUIDANCE WHEN HE GOES BACK AND, AND YEAH.
AND I WANT TO REITERATE, ACTUALLY MEET WITH THE ADJACENT NEIGHBORS PERSONALLY AND SHOWED THEM YOUR PLANS AND HAVE THEM SIGN OFF ON YOUR PLANS SAYING THAT THEY'VE SEEN THEM.
SO THIS IS A, WELL, DO WE HAVE ANY OTHER QUESTIONS, VIRTUAL FOLKS? SORRY.
DON'T WANT TO MISS Y'ALL OKAY.
THIS IS A MOTION TO POSTPONE, UH, TO JULY 11TH, 2022.
SO THIS IS POSTPONE TILL JULY 11TH.
[E-1 C15-2022-0002 Rao Vasamsetti for 5413 Guadalupe LLC 5413 Guadalupe Street (Part 2 of 2) ]
ELAINE, DID WE HAVE AN UPDATE FOR 54 13TH GUADALUPE STREET? DO WE HAVE A SPEAKER YET ON THAT ONE? NO.I REACHED OUT TO HIM AND I HAVEN'T HEARD THAT.
I THINK MAYBE BECAUSE ACCIDENTS HAPPEN OR WHATEVER, AND THIS IS THE FIRST TIME I'M HEARING IT, THAT I'M GOING TO GO AHEAD AND MAKE A MOTION TO POSTPONE TO JULY 11TH, 2022, ALL SECOND SECONDED BY BOARD MEMBER, BAILEY, JAMAICAN, ALL CAN EMOTION.
AND THE REASON BEING IS THEY DON'T HAVE A HEART.
THEIR HARDSHIP THAT THEY'VE SUBMITTED, THEIR APPLICATION IS NOT A HARDSHIP.
AND IF THEY'RE GOING TO DEMO THE EXISTING BUILDING, THEN THEY'RE GOING TO HAVE A CLEAN SLATE.
SO, I MEAN, I I'M INCLINED TO AGREE, BUT WE NEED TO BE DISCUSSING MERITS OF THE POSTPONEMENT.
I DESERVE THE RIGHT TO HAVE THEIR CASE HEARD, REGARDLESS OF WHETHER IT'S AND I, AND I HAVE THE RIGHT TO MAKE AN ALTERNATE MOTION TO DENY.
DO YOU WANT TO MAKE A MOTION TO DENY? I'VE REALLY JUST WENT WIDE.
THE REASON I WAS SAYING THIS NOW IS BECAUSE HOPEFULLY THEY'LL SEE THE VIDEO AND THEY'LL DO SOMETHING ABOUT MARCH BECAUSE OTHERWISE I'M GOING TO DENY IT NEXT TIME.
SO, I MEAN, I'LL GO WITH THE POSTPONEMENT, BUT I HOPE THEY SEE THE VIDEO AND THE GRIEF YOU, IF WE JUST WENT, UH, FORD MEMBER MACARTHUR, DID YOU HAVE A QUESTION OR
[00:55:01]
I WAS GOING TO AGREE ABOUT THAT.CAUSE IT WAS PRETTY INCONSISTENT.
IT DIDN'T REALLY READ LIKE A HARDSHIP TO ME EITHER, BUT THAT'S JUST, SO IF THEY WATCH THIS, THEY NEED TO WORK ON THEIR HARDSHIP AND ALSO THEIR SITE PLAN, BUT TO THE POSTPONEMENT AND MAYBE THEY CAN MEET WITH THE NEIGHBORHOOD ASSOCIATION AT UDAB JUST SPEAKING, HYPOTHETICALLY, IF WE WERE HYPOTHETICAL, RIGHT.
SEE, I WANT KELLY TO TAKE MY PLACE WHEN I STEP DOWN.
NO, I LET KELLY TO TAKE RAHM'S PLACE.
THIS IS A MOTION TO POSTPONE ITEM.
SECOND NAME BY A BOARD MEMBER.
CAN YOU JUST SELECT THE POSTPONE TO JULY 11TH? JEEZ.
[F-1 C15-2022-0011 Jonathan Kaplan for David Scott Kosch 2715 Long Bow Trail]
WILL BE ITEM F ONE C 15 20 22 0 0 1 1 2 7 1 5.JONATHAN KAPLAN FOR DAVID SCOTT.
COS WE HAVE TO, WE HAVE TO TAKE A MOTION TO RECONSIDER FIRST.
YOU'RE RIGHT TO RECONSIDERATION.
I AM HEARING A LOT OF SILENCE.
WHAT IS THE ACTUAL PROCESS FOR THEM? IT'S NEVER HAPPENED.
WELL, I'VE BEEN ON THE BOARD, UH, ERICA LOPEZ, ASSISTANT CITY ATTORNEY.
SO, UM, THE BOARD PREVIOUSLY DENIED THIS CASE.
IT'S UM, THE APPLICANT FILED A RECONSIDERATION, ELAINE, PUT IT BACK ONTO THE AGENDA.
THERE MUST BE A MA UH, MOTION MADE TO RECONSIDER THE CASE.
AND THEN THE BOARD WOULD VOTE ON THAT.
IT WOULD TAKE SIX VOTES AFFIRMATIVE TO BRING THE CASE BACK UP.
AND THEN, UM, THE BOARD WOULD HEAR IT ON THE MERITS.
IF THERE'S A FAILURE OF A MOTION TO RECONSIDER, IT IS, UM, CONSIDERED A FINAL ACTION ON THE MATTER.
SO I GUESS YOU COULD VOTE TO NOT RECONSIDER THE CASE OR NOT HAVE A MOTION AND THAT WILL BE CONSIDERED FINAL ACTION.
SO, OH, ACTUALLY I'D ACTUALLY MOVED TO RECONSIDER.
I MEAN, THEY DO STAY IN THEIR LETTER THAT THEY FOUND A WAY TO REDUCE THEIR IMPERVIOUS COVERAGE REQUIREMENTS.
MADAM CHAIR, MY HAND, AS FAR AS I'M GOING TO MAKE AN ALTERNATIVE MOTION TO DENY, BECAUSE EVEN THOUGH I'VE READ THIS AND I'VE READ THIS SEVERAL TIMES, EVERYTHING IN OUR PACKAGE IS STILL THE SAME AS IT WAS.
AND I DIDN'T WANT TO HAVE TO GO THERE, BUT IT'S STILL THE SAME AS IT WAS ON 9 12 21, 2 14 22, 3 14 22, 4 11 22, 5 9 22.
THE LETTERS IS INCLUDED, BUT I DO NOT SEE ANY DESIGN FOR VEGETATIVE STRIPS.
I DON'T SEE ANYTHING STATED THAT REQUIRED IN THE LETTER.
UH, I HAVE, I HAVEN'T SEEN ANY CHANGES.
THERE WAS AN, THERE WAS A TALK ABOUT, UH, SOME MITIGATION.
I HAVEN'T SEEN THAT AND TALK ABOUT, UH, THE REQUEST WOULD REDUCE BY 33%.
SO THEREFORE, UM, WE'LL MAKE AN ALTERNATIVE MOTION TO DENY, SIR.
SO HANG ON GUYS TOO MUCH TALKING TO ONES FOR MEMBER PER NURSING.
I DON'T BELIEVE THAT BOARD MEMBER OF AUTO LYNN'S MOTION IS IN ORDER AS I UNDERSTAND IT, IN ORDER TO OBTAIN A RECONSIDERATION,
[01:00:01]
THE BOARD MUST, SOMEBODY MUST MAKE A MOTION FOR RECONSIDERATION AND IT MUST BE APPROVED WITH A MAJORITY VOTE.I DON'T KNOW THAT THERE'S ANYTHING IN OUR BYLAWS THAT ALLOWS FOR A MOTION TO DENY RECONSIDERATION.
I MEAN, AT THE END OF THE DAY, THE MOTION TO RECONSIDER IS EITHER GOING TO PASS OR IT'S NOT GOING TO PASS.
UM, AND, UM, WE MAY NEED CLARIFICATION FROM LEGAL DARRYL BECAUSE THAT'S THE WAY I UNDERSTOOD WAS YEAH.
I MEAN, I, I DON'T KNOW THAT IT'S GOING TO MATTER AT THE END OF THE DAY, BUT WE, THERE WAS A RELUCTANT NOTION TO RECONSIDER AND I DON'T KNOW THAT ANYBODY HAS SECONDED IT AT THIS POINT.
SO IT MAY FAIL FOR ONE OF A SECOND IN ANY OF THAT.
SO W WHY DON'T WE START THERE? UH, BECAUSE TECHNICALLY, UH, THE SUBSTITUTE MOTION SHOULD HAVE WAITED FOR, TO SEE IF THERE WAS A SECOND TO THE FIRST MOTION, WHICH WAS THE MOTION THAT WE CONSIDER.
SO WE DO HAVE THE MOTION TO RECONSIDER, BUT BOARD MEMBER BLOOM, DO WE HAVE A SECOND ON THE MOTION TO RECONSIDER? OKAY.
SO THAT LOOKS LIKE NO, WHICH IS AN AUTOMATIC FINAL ACTION.
IS THERE A SPECIFIC LANGUAGE FOR THAT OR NOW THE MOTION FAILED FOR LACK OF A SECOND, THE MOTION FAILS.
WHY WERE THE PACKETS I SUBMITTED NOT GIVEN TO THE BOARD.
EVERYTHING YOU JUST ASKED WAS IN THE PACKET I SUBMITTED.
I'M NOT SURE WHAT THE ANSWER
I SUBMITTED IT AND HIS PRESENTATION, ALL THE UPDATED INFORMATION HE SUBMITTED IN HIS PRESENTATION.
DOES THAT CHANGE? ANYBODY'S WILLING TO SECOND.
SO EVERYTHING THE BOARD ASKED FOR IN THE LAST MIRRORING MEETING.
I WILL GO AHEAD AND I'LL BE THE SECOND CHAIR TO OPEN, UP TO VOTE ON THE RECONSIDERATION.
CAN YOU STILL GO TO VOTE? SO, SO THERE, SO THERE WAS A MOTION TO RECONSIDER AND THEN YOU SECONDED IT.
AND SO IT'S GOING TO BE A VOTE ON THE MATTER TO RECONSIDER, WHICH WOULD NEED SIX AFFIRMATIVE VOTES.
SO COULD YOU PULL THE PRESENTATION DOWN PLEASE? SO WE CAN SEE EVERYONE'S FACES.
SO THIS IS THE MOTION TO RECONSIDER MADE BY BOARD MEMBER BLOOM SECONDED BY MYSELF, TOMMY IT'S.
BROOKE BAILEY JUST, JUST VERY QUICKLY.
IF WE'RE GOING TO RECONSIDER, IT'S GOING TO BE A DIFFERENT VARIANCE.
IF HE'S REDUCING THE IMPERVIOUS, THE LANGUAGE WILL BE BROUGHT.
WE DISCUSSED THE MERITS OF THE KEYS.
I JUST WONDER IF IT'S A POSTING ERROR, THOUGH.
IF, IF THEY'RE COMING BACK WITH NEW DRAWINGS AND NEW INFORMATION, IT'S GOING TO BE A DIFFERENT VARIANCE, WHICH WOULD BE A POSTING ERROR.
IT'S NOT, I'M NOT TALKING ABOUT THE MERITS OF CASE, CORRECT? BECAUSE OF IT'S REDUCED BY 43%.
IT DOESN'T SAY SO IN THE POSTING.
IT DOESN'T SHOW IT IN THE POST.
THE POSTINGS ARE STILL THE SAME.
DON'T WE STILL HAVE TO VOTE ON THE RECONSIDERATION.
YOU COULD STILL HAVE TO VOTE ON THE, YES.
WE STILL HAVE TO VOTE ON THE RECONSIDERATION.
AND THEN I, IF, IF, AND THEN IF YOU HAD RECONSIDER THE MATTER AND THERE WAS AN ISSUE WITH THE POSTING, THEN, UM, I WOULD RECOMMEND THAT THE BOARD POSTPONE THE CASE, UM, TO ANOTHER TIME WHERE THE POSTING COULD BE FIXED.
IF THAT, IF THAT'S THAT'S THE WILL OF THE BOARD, SORRY, BOARD MEMBERS, SMITH.
I THOUGHT WE ALREADY VOTED ON THIS AND IT WAS, THERE WAS NO SECOND.
I WENT AHEAD AND SECONDARY NAME BECAUSE THERE'S NO INFORMATION.
SO, BUT LET'S GO IN AND GET THE BOAT FOR THE RECONSIDERATION DONE.
[01:05:02]
YES.THAT MOTION WAS TOLD TO RECONSIDER AND HAVE MY CLIENT SPEND THOUSANDS OF DOLLARS ON ENGINEERING JUST TO COME BACK AND BE DENIED.
I DON'T HAVE AN ANSWER FOR YOU.
UH, THE BOARD IS MADE UP OF MANY PEOPLE AND IT'S NOT QUESTION AND ANSWER TIME.
WE'RE GOING TO MOVE ON TO THE NEXT ONE.
[F-2 C15-2022-0012 Jonathan Kaplan for David Scott Kosch 2717 Long Bow Trail]
ITEM WILL BE UP TO SEE 15 20 22 0 0 1 2 2 7 1 7 LONG BOW TRAIL.JONATHAN KAPLAN FOR DAVID SCOTT.
KOSCH THIS WILL BE THE SAME AS THE LAST CASE.
A MOTION TO RECONSIDER NEEDS TO BE MADE AND SECONDED.
GOT A MOTION TO RECONSIDER A MADE BY BOARD MEMBER BLOOM.
I'LL SECOND AGAIN, TOMMY IT'S.
WE'RE NOT GOING TO BE WITH CONSIDERING THAT CASE EITHER.
WHEN I ASKED, UH, YOU CAN CONTACT ELAINE ABOUT THAT TOMORROW, OR IT WAS FOUR VOTES, NOT 5, 4, 1, 2 IT'S FIVE.
AUGUSTINA RODRIGUEZ, CARRIE WALLER, KELLY BLOOM.
AND YOU CAN CONTACT ELAINE TOMORROW AND SHE CAN GIVE YOU YOUR NEXT OPTION.
IS THERE JUST AS A GENERAL QUESTION, IS THERE EVER A PUBLIC, A TIME WHERE GENERAL PUBLIC HAD TALKED TO THE BOARD? UH, AT THE VERY BEGINNING OF THE MEETING, THERE IS GENERAL COMMUNICATION.
YOU CAN SIGN UP FOR THAT WITH ELAINE AGAIN, TALK TO HER ABOUT IT TOMORROW, PLEASE.
[G-2 C15-2022-0035 Mike McHone for DC+CJ San Pedro LLC, Cater Joseph 2609 San Pedro Street]
ITEM G TO SEE 15 20 22 0 0 3 5 2 6 0 9 SAN PEDRO STREET.THIS WILL BE MIKE MCKOWN FOR DC AND CJ SAN PEDRO, LLC.
HI, GIVE US JUST A SECOND TO GET YOUR PRESENTATION PULLED UP PRESENTATION.
MADAM CHAIR IS THE END, YOUR BOARD PACKET.
I WILL BE GOING OVER ITEMS SHEETS G 11 THROUGH 16.
SO IF YOU WANT TO FOLLOW ALONG, THAT'S THE EASIEST WAY TO DO IT.
EVERYONE HAS THE SAME INFORMATION.
I TRIED TO INCLUDE EVERYTHING I THOUGHT YOU MIGHT BE ASKING.
I'VE BEEN DOING THIS FOR A LITTLE BIT OF TIME AND I WANT TO MOVE FORWARD.
I AM ALSO A VERY FAMILIAR WITH THE UNIVERSITY NEIGHBORHOOD OVERLAY.
AND I'VE BEEN INVOLVED WITH THE UNIVERSITY PROJECTS FOR A NUMBER OF YEARS.
ITEM G 11 SHEET G 11 SHOWS YOU THE SURVEY OF THIS PROPERTY.
IT'S A VERY SMALL TRACT OF LAND THAT HAS BEEN DEVELOPED SINCE THE EARLY THIRTIES, I BELIEVE.
AND IT SHOWS A SAN PEDRO STREET, WHICH IS A 30 FOOT RIGHT OF WAY, UH, LOCATED IN THE NORTHEAST SECTION OF TOWN, UH, OF, UH, THE UNIVERSITY NEIGHBORHOOD OVERLAY DISTRICT.
UH, AND THAT'S NOT G 11 UP THERE THAT YOU'RE LOOKING AT.
G 12 IS THE SITE PLAN, UH, BY MAKER ARCHITECTS, ELIMINATE SITE PLAN, UH, AT THE SAN PEDRO STREET IS ONE WAY NORTH AT THAT POINT IN TIME.
[01:10:01]
AND WE, YOU SEE THERE THAT WE HAVE A, UH, THE UNIVERSITY NEIGHBORHOOD OVERLAY, UH, REQUIRED STREETSCAPE IN PLACE.IT IS A NEW STRUCTURE COMPLETELY AND, UH, WILL NOT, UH, IS IN COMPLIANCE WITH THE UNIVERSITY NEIGHBORHOOD OVERLAY SAVE.
AND EXCEPT FOR THE FACT THAT SOMEHOW IN ONE OF THE AMENDMENTS THAT HAVE COME ALONG, SOMEBODY PUT IN A LITTLE PARROT AND THEORETICAL PHRASE TO THE END OF AN ITEM WHERE WE HAD 12 FOOT BACK OF THE SIDEWALK BACK AT THE CURB FOR THE STREETSCAPE THAT, UH, WE HAD TO BE ALSO 30 FEET FROM THE CENTER LINE OF A STREET.
AND THIS DIDN'T IMPACT A LOT OF PLACES, BUT IN THIS PARTICULAR SITUATION, IT IS, UH, CREATES A HARDSHIP THAT MAKES IT IMPOSSIBLE TO DEVELOP THIS PROPERTY IN A REASONABLE MANNER.
THE PROPERTY DOES COMPLY WITH THE STREETSCAPE SITUATION AND IT DOES IS GIVING UP APPROXIMATELY NINE FEET OF A PROPERTY TO MAKE THE 12 FEET BACK OF THE CURB POSSIBLE.
THIS AERIAL VIEW, WHICH IS A SHEET NEXT SHEET, WHICH IS A SHEET 13, SORRY, IT'S KIND OF IN THE PACKET UPSIDE DOWN NORTH IS A, AT THE TOP WHERE IT SAYS UNTITLED, AND YOU CAN SEE ALL OF THE UNIVERSITY NEIGHBORHOOD OVERLAY PROJECTS THERE, THE WHITE ROOFS THAT YOU SEE, EVEN THE PROPERTY DIRECTLY TO THE EAST OF THIS BORDERING ITS REAR BOUNDARY IS A UNIVERSITY NEIGHBORHOOD OVERLAY PROJECT.
YOU'LL NOTICE THE TWO LARGE PROJECTS AT 26TH AND SAN PEDRO ON EACH SIDE OF THIS LITTLE STREET AND THEY ARE NOT 30 FEET BACK FROM THE CENTER LINE OF THE STREET.
NEXT SHEET C 14 IS THE ACTUAL VIEW OF THE, UH, CURRENT CONDITION.
UH, AS YOU CAN SEE, IT'S KIND OF A, UH, KIND OF A MESS.
UH, WE NEED TO CLEAN THIS HOUSE UP AND TAKE CARE OF REMOVE THIS OLDER STRUCTURE.
THAT'S NOT IN GOOD CONDITION AND, UH, GET THOSE CARS OFF OF THE, UH, CITY, UH, RIGHT AWAY AND INTO THE PARKING STRUCTURE THAT IS SHOWN ON THE SITE PLAN.
UH, C 15 IS THE, UH, DSD, UH, LETTER THAT SAYS, OOPS, YOU GUYS, UH, ARE NOT IN COMPLIANCE WITH THIS PARTICULAR, UH, CLAUSE OF THE CODE.
AND YOU WILL NEED TO GO TO THE BOARD OF ADJUSTMENT FOR A VARIANCE, UH, NATE, TO NOTE THAT THE OTHER PROJECTS THAT ARE SHOWN, UH, HAVE NEVER HAD TO GO TO THE BOARD OF ADJUSTMENT FOR A VARIANCE.
MY FINAL LETTER IS AN EMAIL FROM THE FIRE MARSHALL, WHO STATES THAT, UH, AND EQUIVALENTLY THAT, UH, IT'S MUCH BETTER TO REDEVELOP AND A WAY IN WHICH WE GET A SAFE FIREPROOF BUILDING.
THIS PROJECT WILL BE, UH, IN COMPLIANCE WITH ALL THE OTHER CODES.
IT'S JUST THIS SETBACK VARIANCE THAT WE NEED, UH, FOUR FEET FROM THE 30 FEET AND, UH, ACTUALLY SIX FEET, I'M SORRY, FROM THE 30 FEET.
AND IT WILL BE IN COMPLIANT WITH THE NEIGHBORHOOD COMBINED CENTRAL AUSTIN NEIGHBORHOOD PLAN, THE, UH, CITY OF AUSTIN COUNCILS COMPLIANCE FOR, UH, CREATING A SAFER SITUATION BY HAVING A PEDESTRIAN, RIGHT, UH, STREETSCAPE WITH ADEQUATE LIGHTING.
THEY HAVE A LIGHTING STUDY THAT'S GOING ON RIGHT NOW, IMPLEMENTING, IMPLEMENTING THE LIGHTING THROUGHOUT THE NEIGHBORHOOD.
THIS WILL BE A PRIVATE, UH, SIDEWALK EASEMENT FOR THE CITY AND A LICENSE AGREEMENT, WHICH IS REQUIRED UNDER THE UNIVERSITY NEIGHBORHOOD OVERLAY REQUIREMENTS TO MAINTAIN THAT, UH, RIGHT AWAY, UH, IMPROVEMENTS.
SO FOR ALL OF THOSE REASONS, WE BELIEVE THIS IS A GOOD THING FOR THE NEIGHBORHOOD.
IT'S WHAT THE NEIGHBORHOODS, UH, UNIVERSITY NEIGHBORHOOD OVERLAY WAS ABOUT AND, UH, CREATES A SAFER SITUATION THAN HAVING A STREET WITH NO SIDEWALK ON IT.
BE HAPPY TO ANSWER ANY OF YOUR QUESTIONS ABOUT THAT.
UH, YOU CAN SAY THAT THIS IS A POSITIVE STEP FOR THE CITY, AND WE WANT TO GET UNDERWAY AS SOON AS POSSIBLE.
IT IS IN THE SITE PLAN IS IN A REVIEW NOW AND THEY CAUGHT IT AND SAID, YOU GUYS DON'T COMPLY WITH THIS PARTICULAR SECTION.
ANY QUESTIONS? HOW MUCH IS THERE ANY OPPOSITION SEEING NONE? I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING BOARD MEMBER.
UM, ON G TWO 13, I NOTICED THAT YOU'VE GOT THE EXISTING UNO BUILDINGS THERE.
YOU'VE GOT A MULTIFAMILY WHEN IT SHOWS THE SWIMMING POOL UP THERE AND ABOVE IT, LOOKING AT YOUR DRAWING.
BUT I COULDN'T REALLY TELL A HUNDRED PERCENT BECAUSE THE MULTI-FAMILY RESIDENTIAL NEXT TO THIS SORT OF A LITTLE BIT COCKED ON IT ON THE LOT.
BUT WHAT YOU'RE ASKING FOR IS IT'S NOT COMING OUT ANY FURTHER THAN THE ONE THAN ANY OF THE OTHER BUILDINGS THAT ARE ON,
[01:15:01]
ON SAN PEDRO.IS THAT CORRECT? THAT'S CORRECT, SIR.
IN FACT, IT'S, UH, IT'S A LOT FURTHER BACK THAN THE ONES THAT ARE JUST TWO BUILDINGS UP.
YEAH, THAT'S WHAT I WAS LOOKING.
AND THEN IF YOU COME DOWN TWO BUILDINGS DOWN ALSO THE SAME AS WELL, THE VIAS ON 26.
SO YOUR BUILDING'S NOT REALLY COMING OUT ANY FURTHER THAN ANY OF THOSE.
THE ISSUE IS, IS WE'VE GOT A 30 FOOT STREET THAT MOST 90% OF THE STREETS IN AUSTIN ARE NOT 30 FOOT.
THIS IS ONE OF THOSE THAT WE'VE GOT, THIS IS NOT THE ONLY CASE LIKE THIS IN THE NEIGHBORHOOD.
AND WE WILL BE TRYING TO GET THAT REMOVED BECAUSE IT DOES CREATE A HARDSHIP AND CREATES A SITUATION WHERE THERE'S NOT A CONSISTENT SETBACK ALONG THE NORMAL.
I THINK I JUST HEARD THAT MAYBE OUR LAND DEVELOPMENT CODE COULD USE A REWRITE.
CONSIDERING THE HOUSING CRISIS IN THERE COULD BE CHANGES THAT MIGHT HELP.
STAFF'S STAFF SOMETIMES DOESN'T UNDERSTAND EVERY STREET IN THE NEIGHBORHOOD LIKE I DO.
I'M SORRY YOU HAVE QUESTIONS OR A BOARD MEMBER PUT, I HAD A COUPLE OF QUESTIONS STAYING ON THAT SAME OVERHEAD MAP, WATER, THOSE TWO BUILDINGS TO THE SOUTH OF YOURS.
THAT ACTUALLY ARE PRETTY FAR SETBACK OFF OF SAN PEDRO.
WHAT'S THE QUESTION, SIR? I'M SORRY.
I VAN ONE OF THOSE TWO BUILDINGS THERE.
YOU'VE GOT A ON AT THE CORNER OF 26TH AND SAN PEDRO.
THE BUILDING ON THE RIGHT IS THE VILLAS.
AND THE BUILDING ON THE LEFT IS THE REGENTS.
I WORKED ON BOTH OF THOSE BUILDINGS AND THEY ARE BOTH TALKING ABOUT, I'M TALKING, I'M TALKING ABOUT THE TWO BUILDINGS BETWEEN REGIONS AND YOU'RE BUILDING, AH, THOSE ARE TWO APARTMENT BUILDINGS STILL.
UH, THEY'RE OLDER APARTMENT BUILDINGS, 50, 60 YEARS OLD.
AND THEN AS I LOOKED AT A SHEET 12, IT LOOKS LIKE YOU NEED MORE LIKE TWO OR THREE FEET OF A VARIANCE IN ORDER TO GET THAT 30 FOOT SETBACK.
IS THAT RIGHT? ACTUALLY, WE COME UP WHERE WE'RE AT A 24 FEET.
I BELIEVE WHAT SHE SAY, WE'RE AT 24 FEET AND WE NEED 30.
WE NEED A SIX FOOT VARIANT FROM THE SETBACK OF THE CENTER LINE OF THE STREET, WHICH REALLY HAS NOTHING TO DO WITH ANYTHING OTHER THAN IT'S IN THE CODE.
OH, WELL, I, I MEAN, AM I JUST NOT READING THOSE MEASUREMENTS CORRECTLY, THEN IT HAS THE 30 FOOT RIGHT AWAY.
YOU'VE GOT EIGHT FEET, NINE AND A HALF INCHES OF THE OTHER TWO, TWO AND A HALF.
WELL WE'RE GIVING ACTUALLY, IF YOU LOOK AT A SHEET 15, OKAY.
THAT'S THE BEST WAY TO SEE WHAT THE VARIANCE REQUEST IS, SIR? 15.
THAT'S THE ONE WITH THE DEVELOPMENT SERVICES RIGHT IN THE MIDDLE OF THE SHEET.
AND THAT'S FROM CALISSA CLARISSA DAVIS.
SO THEY'RE TELLING YOU IT'S ONLY 24 FEET FROM THE CENTER LINE TO YOUR, OR YOUR BUILDING.
AND THEY SAID THE STAIRWAYS ARE THE BUILDINGS, SO I'M NOT GOING TO ARGUE WITH THEM ANYMORE.
SO YOU'RE NOT, YOU'RE NOT MEASURING TO THE LITTLE, UM, TO THE, UM, TO THE PEDESTRIAN ESCAPE AREAS THERE, BUT THE SIDEWALK AND THE TREE AND ALL THAT, YOU'RE MEASURING ALL THE WAY TO YOUR, UH, TO THE FRONT OF YOUR BUILDING.
THAT'S THE RULE THAT, THAT ANSWERS MY QUESTION.
I WAS A LITTLE CONFUSED ABOUT ALL THE MEASUREMENTS THERE.
OTHER QUESTIONS I KNOW FOR ME PERSONALLY, I CAN SAY THAT.
I DON'T KNOW FOR SURE OF COURSE, BUT I'D BE WILLING TO BET THE INTENT WAS NOT WRITTEN WITH THE IDEA OF A SINGLE ONE-WAY A SMALL SINGLE ONE WAY STREET IN MIND.
BUT I WOULD SAY THAT WAS MY GONNA BE MY COMMENT.
I THINK THE ONE WAY STREET IS A HARDSHIP BECAUSE THEY BASE THAT ON TWO-WAY TRAFFIC.
SO THERE'S PLENTY OF ROOM FOR EMERGENCY VEHICLES, BUT IF THERE'S ONLY ONE WAY TRAFFIC, THEN YOU DON'T HAVE THE SAME, SAME SAFETY ISSUES.
AND MICHAEL, THE, UH, UH, AT THIS POINT IN TIME ALSO I THINK THE FIRE MARSHALL, IF IT HAD BEEN A PROBLEM, HE WOULD HAVE STATED IN HIS LETTER, I'M GOING TO MAKE A MOTION TO APPROVE A SECOND.
WE HAVE A MOTION TO APPROVE BY BOARD MEMBER, VINE, OLIN SEXTON BY BOARD MEMBER BAILEY.
AND I AGREE IF YOU GET FIRE PREVENTION ON BOARD.
I MEAN, THERE'S A QUESTION BEHIND
[01:20:01]
YOU.NO, I JUST WANTED TO COMMENT THAT, I MEAN, A FOOT SIDEWALK IS A BRAVO FOR INCLUDING THAT.
UM, BUT THAT'S A VERY REASONABLE AND VERY GENEROUS AND VERY, YOU KNOW, REALISTIC SORT OF SIDEWALK WITH.
SO TO ME, THE SITE LOOKS LIKE IT MAKES SENSE.
UM, AND, AND SO I WOULDN'T BE OPPOSED TO THE VARIANCE FOR THAT REASON.
SO WE HAVE A MOTION TO APPROVE MADE BY A BOARD MEMBER BY NOLAN SECONDARY BY A BOARD MEMBER, BAILEY LET'S CALL THE VOTE REASONABLE YEARS, THAT FINDINGS FINDINGS.
THE, THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DUE TO NOT ALLOW FOR REASONABLE USE BECAUSE THE UNO DISTRICT LDC REQUIREMENTS OF A BUILDING IS TO BE SET BACK 30 FEET FROM THE CENTER LINE OF A 30 FOOT WIDE SAN PEDRO STREET, WHICH PROHIBITS A REASONABLE DEVELOPMENT OF THE USE OF 2,609.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT 2,609
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH YOUR PROPERTY IS LOCATED BECAUSE MOST PROPERTIES IN UNO ARE MUCH LARGER AND NEED TO HAVE MORE OPTIONS FOR BUILDING PLACEMENT OR TWO-WAY STREETS AND ARE NOT ADJACENT TO A STREET WITH ONLY A 30 FOOT ROW AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH YOUR PROPERTY IS LOCATED BECAUSE 2,609 SAN PEDRO IS LOCATED ON THE OUTER WEST CAMP CAMPUS.
SUBDISTRICT THE NEW BUILDING ON THIS PROPERTY WILL COMPLY WITH THE PROVISIONS OF UNO W W WIDE WELL-LIGHTED STREETSCAPE DESIGN GUIDELINES AND SMART HOUSING.
NOW IT'S CALLED THE QUESTION GETTING, THIS IS A MOTION TO APPROVE TOMMY.
[G-3 C15-2022-0043 Lisa Gray for Red Door LLC 509 E. 38th Street]
ITEM WILL BE ITEM G THREE C 1520 TO 22 0 4 3.THIS WILL BE 5 0 9 EAST 38TH STREET, LISA GRAY FOR RED DOOR, LLC.
UH, DO WE HAVE THE APPLICANT AVAILABLE TO SPEAK? YES, VIRTUAL.
IF WE COULD GET HER PRESENTATION PULLED UP.
IS THERE ANY, IF, IF IT'D BE THE ROLE OF THE BODY, IS THERE ANY OPPOSITION TO THIS CASE? IT'S ONE FOOT IT'S PRETTY DIMINIMOUS AND IT'S, UH, THEY DO HAVE, COULD YOU PULL THE VIRTUAL MEMBERS UP FOR ME REAL QUICK, PLEASE? YEAH, JUST THE ONLY, THE ONLY ISSUE I HAVE IS THIS IS A SELF-IMPOSED HARDSHIP BY THEM SUBDIVIDING THE LOT.
AND I THINK THAT THAT IS AN ISSUE AND NEGATE SOME OF THEIR JUST GOING TO GO AHEAD.
AND IF YOU DON'T MIND, I'D LIKE TO HEAR WHAT THEY HAVE TO SAY ABOUT THAT.
SO MS. GRAY, YOUR PRESENTATION IS PULLED UP.
THAT WILL MEAN APPROXIMATELY A 15 TO 20, BETWEEN WHAT YOU SEE IF YOU'RE WATCHING ON THE WEB ON ETX 10 AND WHAT WE'RE SEEING.
SO FEEL FREE TO GO AHEAD AND PROCEED.
UM,
UM, AND IN ORDER FOR US TO GET, UH, THE SUBDIVISION APPROVED, WE'D EITHER HAVE TO DEMO PART OF THE HOUSE FOR THE WHOLE HOUSE OR, UM, UH, GET THE EXPERIENCE.
SO THAT PURPLE PART IS THE ORIGINAL HOME.
AND THAT'S SHOWING US SNAPSHOT OF THE PLAQUE.
[01:25:01]
UM, I GUESS WHOEVER'S THERE.THEY COULD PUT IT ON THE NEXT PAGE.
WHEN YOU'RE READY FOR HIM TO CHANGE HIS, TELL HIM NEXT SLIDE AND HE'LL MOVE FORWARD.
WE'RE LOOKING AT THE SECOND PAGE.
UM, THIS IS JUST TO EXPLAIN, UH, THAT WE'RE NOT THE VARIANCES BEING REQUESTED BETWEEN OUR TWO LOTS THAT WE'RE CREATING.
WE'RE NOT ASKING TO BE CLOSER TO A NEIGHBOR'S LAWN, BASICALLY THAT PAGE.
I WAS JUST TRYING TO SHOW HERE THAT, UM, THIS IS THE EXISTING SURVEY AND THE EXISTING GARAGE THAT IS, THERE IS ACTUALLY 4.4 FEET TO THE BACK LOT LINE.
AND, UM, SO I BASICALLY OUR, UH, WE'D BE ENCROACHING LESS, IF THAT MAKES SENSE.
CAUSE WE'D BE AT, UM, WE'D BE AT, I THINK A NINE FOOT, UH, 8, 8, 9 FOOT FOUR, SORRY, BECAUSE OUR, THE HOME IS EXISTING, UH, EIGHT INCHES INTO THE ATTEMPTED EFFECT.
UH, EXISTING HOME IS EIGHT INCHES INTO THE 10 FOOT SETBACK.
ONCE WE PUT THE LOT LINE WHERE IT NEEDS TO BE FIRST TO BIDE BY SUBDIVISION RULES.
I WAS JUST TRYING TO SHOW HERE NOW THAT ALL THESE HOMES WERE BUILT A LONG TIME AGO, THESE WEREN'T RECENT, YOU KNOW, UM, ENCROACHMENTS OR ANYTHING, BUT A LOT OF THE HOMES ARE VERY CLOSE TO THE DOCK PLOT LINE OR AT LEAST THE GARAGES ARE.
UM, SO I WAS JUST TRYING TO SHOW HERE THAT IT WOULDN'T BE, YOU KNOW, COMPLETELY OUT OF CHARACTER, BUT CLOSER TO THE BACKLOT LINE.
AND THEN I HAD A SUMMARY ON PAGE FIVE, JUST TRYING TO EXPLAIN, UM, JUST THE SUMMARY OF WHAT WE JUST TALKED ABOUT, WHICH IS THAT THE REAR LOT LINE, UM, JOINING OUR LOTS WERE NOT, YOU KNOW, ENCROACHING ON SOMEONE ELSE'S PROPERTY.
UM, WE HAVE MORE OF AN, A CRUNCH WITH AN EXISTING GARAGE THAT SAYS THEY'RE READY AND, UH, THE REAR LOT LINE ENCOURAGEMENT, UM, DOESN'T SEEM TO BE COMPLETELY OUT OF CHARACTER WITH THE NEIGHBORHOOD.
UH, THERE'S IT'S AN OLDER NEIGHBORHOOD.
THEY BUILT PRETTY CLOSE TO WHITE LINES AND THAT WAS IT.
IS THERE ANY OPPOSITION SEEING NONE? I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING, OPEN IT UP TO QUESTIONS, BOARD MEMBER BALING.
SO ONE OF THE REASONS FOR THE POSTPONEMENT WAS, UH, IN ORDER FOR THE APPLICANT TO MEET WITH THE NEIGHBORS, THE NEIGHBORS REQUESTED THAT POSTPONEMENT HAS THAT HAPPENED.
AND WHAT WAS THE OUTCOME OF THAT? YES.
SHE WAS ONE OF THE PEOPLE THAT WROTE AND SHE HEARD, UM, PREFERENCE WAS THAT WE SAID DIVIDE TO WHERE THE LOTS WERE FACING 38.
UM, I, I DON'T WANT TO DO THAT.
I MEAN, WE, WE CAN'T EVEN DO THAT ANYWAYS.
THAT PERSON DIVISION RULES THAT I DON'T, I WOULD RATHER PREFER NOT TO THE HOUSE, TWO HOUSES ON 30TH WITH SUCH A BUSY STREET AND TRAFFIC AND WHATNOT.
AND ALSO, UM, UM, YOU KNOW, IF WE DO THAT, WE DEFINITELY COULD TEAR UP THE HOUSE.
THAT WAS PART OF THE REASON WE WERE TRYING TO DO IT THIS WAY.
UH, SO THAT WE'RE NOT HAVING TO TEAR DOWN THE EXISTING HOUSE.
WE WANTED TO KEEP IT TO KEEP IN CHARACTER WITH THE REST OF THE NEIGHBORHOOD AND KEEP A GOOD OLD HOUSE THAT A GREAT SIZE AND A GOOD SHAPE AND EVERYTHING NOT.
AND WHAT ARE THE SIZES OF THE TWO LOTS? THE SECOND THIS, YES, THE ADVISORS HAVE A LOT, ARE LOT.
ONE IS 82, 30 AND LOT, 2 57 70.
AND WE'LL LOOK TO BE ACCESSED OFF THE ALLEY.
IS THERE AN ALLEY? IT WOULD BE EXTRA STOCK AND LIBERTY BECAUSE IT IS A CORNER LAW.
AH, I WAS CURIOUS ABOUT WHY YOU'RE SUBDIVIDING INSTEAD OF CONDOR WISING WE'RE SUBDIVIDING.
UM, BASICALLY BECAUSE THE CONDUIT WOULD BE A SMALLER HOME.
UM, SO THAT'S WHAT WE CHOSE IS SUBDIVIDED.
CERTAINLY NOT AS EASY, IT'S MUCH MORE OF A, UM, PROMPTED, BUT, UM, WE JUST WANTED TO BUILD A BIGGER HOME THAN 1100 SQUARESPACE ON LOT TWO.
DID THAT ANSWER YOUR QUESTION BOARD MEMBER MACARTHUR?
[01:30:05]
NO, NOT REALLY SPECIFICALLY, BECAUSE I THINK ON A, A LOT LIKE THAT THEY WOULDN'T HAVE TO BUILD A NAVY.YOU, THEY COULD BUILD A SECOND FAMILY DWELLING UNIT OR A DUPLEX TYPE STRUCTURE.
IF IT'D BE A DUPLEX, NOW WE'D HAVE TO CONNECT IT TO THE EXISTING HOME SOMEHOW.
AND I JUST WANTED TO LEAVE THE EXISTING HOME AS IT WAS.
I DON'T KNOW FOR SURE ABOUT THE SECOND I, WHENEVER WE BUILT UP IN THE PAST, WE'VE ALWAYS HAD TO DO 1100 SQUARE FEET.
I THINK THAT, THAT WHAT YOU'RE TALKING ABOUT, MAYBE THAT A RELATIVE HAS TO LIVE IN THAT SECOND UNIT, IF IT'S OVER 10,000 SQUARE FOOT, LOT, IT HA I THOUGHT I HAD SOME ADDITIONAL, UM, ISSUES WHERE YOU COULDN'T SPELL THE HOME.
UM, AND THEN HONESTLY, PEOPLE THAT BUY HOMES WOULD JUST PREFER IT NOT BE CONDUCT AS WELL.
SO THIS LOT WAS BIG ENOUGH TO DO THAT.
SO THAT'S WHY THAT'S ANOTHER, YOU KNOW, MOTIVATIONS THAT PEOPLE PREFER TO DO IS JUST DOWN THERE A LOT AND NOT, IT'D BE CANDID BOARD MEMBER EPILIM.
UM, YOU ONLY SPOKE TO ONE OF THE NEIGHBORS OR DID YOU SPEAK TO ALL THE OTHER ONES? OH, I'M SORRY.
I ACTUALLY REALIZED I DIDN'T WANT TO INTERRUPT EARLIER.
I DID TALK TO BEVERLY SHAW AS WELL.
UM, SHE DID NOT SEEM TO HAVE ANY OPPOSITION TO IT.
I THINK SHE JUST WANTED TO KNOW WHAT WAS HAPPENING WITH IT AND, AND WHAT WE'RE DOING, YOU KNOW, JUST TO KNOW WHAT WAS GOING ON IN OUR NEIGHBORHOODS.
SO I EXPLAINED TO HER WHAT WE'RE DOING AND WHY WE'RE DOING IT.
AND SHE WENT TO CLARIFY THAT THE ENCROACHMENT WOULD BE BETWEEN OUR LOTS AND NOT CLOSER TO, UM, YOU KNOW, HAVING IT BE CLOSER TO ANOTHER PERSON THAT THOUGHT, OKAY, BOARD MEMBER PRO.
WELL, THE PURPOSE OF THE, OF THE SUBDIVISION IS TO PUT ANOTHER HOUSE ON THE, ON THE LINE.
AND YOU'RE NOT ASKING FOR ANY SORT OF VARIANCE REGARDING THE RE SUBDIVIDED LOT TWO, IS THAT RIGHT? NO, NO, NO, VERY, NO VARIANCES FOR ANYTHING, ANY NEW CONSTRUCTION OR ANYTHING JUST TO KEEP EXISTING HOUSE AS IT IS.
UM, BUT, BUT AS I, I THINK I AGREE WITH WHAT, UH, BOARD MEMBER BAILEY SAID EARLIER, THAT IT APPEARS TO BE SORT OF SELF INFLICTED AND THAT YOU RETAIN THE ABILITY TO ALL THE, THESE LOTS, HOWEVER YOU WANT TO DRAW THEM.
AND THE FACT OF THE MATTER IS THAT THE REASON WHY THERE'S A NEED FOR A VARIANCE IS BECAUSE THE WAY IN WHICH THESE FIFTH SUBDIVIDING OF THIS INTO THESE TWO LOTS WAS DRAWN.
IS THERE, DO YOU HAVE A, UM, CAN YOU EXPLAIN TO US, I GUESS THE PROCESS OF THAT AND HOW THIS IS NOT SOMETHING THAT'S SELF-INFLICTED UM, THE FRONT LOT LINE HAS TO BE 50 FEET WIDE, UM, AND THAT'S LIKE THE PART OF THE SUBDIVISION RULES AND THEN LOTS OF, TO BE 57 50.
SO, UH, THE 50 FOOT LOT LINE, IF YOU LOOK AT THAT PAGE, ONE THAT I SHOWED THE 50 FOOT LOT LINE ENDS UP BEING BASICALLY FOUR INCHES IS FOUR EIGHT.
I CAN'T REMEMBER WHICH ONE, UM, TOO CLOSE TO THAT, TO THE BACK OF THE HOUSE.
AND BASICALLY WE'RE, I MEAN, WE'RE, WE'RE ASKING FOR VERY, NOT TEAR THE HOUSE DOWN, NOT NECESSARILY FOR THE SUBDIVISION.
CAUSE YOU'RE, I MEAN, YOU'RE TOTALLY RIGHT.
WE CAN JUST HAVE TO BUY AND WE COULD SO DEVISE STRAIGHT DOWN THE MIDDLE AND TEAR THE HOUSE DOWN OUR MAIN POINT IN ASKING FOR VARIANCE TO BE ABLE TO KEEP THE HOME EXISTING.
UM, I DON'T KNOW IF THAT ANSWERED YOUR QUESTION.
WELL, I, I WAS JUST A LITTLE CONFUSED BECAUSE AS I SEE ON, UH, YOUR EXHIBITS, YOU HAVE EXHIBIT, I DON'T SEE ANYTHING THAT SHOWS KIND OF THE PROPOSED SUBDIVISION AND THAT'S, WHAT'S A LITTLE CONFUSING TO ME.
SO ON SHEET 12, YOU'VE GOT THE EXISTING REAR SETBACK ENCROACHMENT, AND YOU SHOW THAT LOOKS LIKE THIS, THE HOME RIGHT NOW FACES EAST 38TH STREET AND SAW I'M A LITTLE CONFUSED ABOUT WHY YOU'RE LOOKING AT THE WET BEING ALONG LIBERTY WHEN IT ACTUALLY FACES EAST 38TH AT THIS POINT.
ARE YOU GOING TO REORIENT IF YOU, IF YOU LOOK AT SHEET 11, I THINK, UH, I DON'T KNOW IF THAT'S THE SAME, IS THAT THE SHEET THAT HAS A PURPLE KIND OF HOUSE ON IT? THAT'S THE ONE THAT IS THE RE SUBDIVIDED LOT.
IT SAYS EXHIBIT A THREE SUBDIVIDED.
I SEE WHAT YOU ON YOUR PRESENTATION.
[01:35:01]
IT NOW.I WAS LOOKING AT THE, AT THE BACKUP MATERIALS RATHER THAN THE PRESENTATION.
SO NOW LOOKING AT PAGE ONE OF YOUR PRESENTATION, THAT SHOWS A LOT, ONE THAT I'LL SEE IN PURPLE.
THAT'S JUST, THAT IS ACTUALLY HARD TO SEE, BUT THE PURPLE IS ACTUALLY A HOUSE.
ONE IS FACING 38TH STREET STILL.
AND THEN THERE'S LIKE THE SPREAD CIRCLE AND THAT'S WHERE THE 10 FOOT SETBACK WOULD BE BECAUSE LOT, UH, THE FRONT HOUSE, EXISTING HOSTAGE STILL BE FACING EAST 38.
AND THEN THERE'S A LOT TO BELOW IT BELOW THAT RED CIRCLE.
AND LOT TWO IS, HAVE TO BE 50 FOOT WIDE PER SUBDIVISION RULES.
AND SO IF YOU SEE THAT ORANGE ARROW AT THING THAT THIS IS 50 FOOT WIDE, AND THEN, UM, BECAUSE IT'S 50 FOOT WIDE, IT LIKE WE'RE INCHES AWAY BASICALLY FROM THE HOUSE BEING COMPLYING.
DOES THAT HELP ANSWER THE QUESTION? WELL, IT DOES, EXCEPT YOU'RE TALKING ABOUT WHAT TO ON PAGE ONE, BUT IF YOU LOOK AT SHEET TWO OF YOUR PRESENTATION, YOU'RE SAYING THAT THE RE SUBDIVIDED LOT ONE IN BLUE IS THE ONE THAT NEEDS TO BE 50 FEET WIDE.
SO I'M, I'M CONFUSED ABOUT THAT.
UM, LET'S, LET'S TALK, I'M TALKING ABOUT LOT ONE IN LOT, TWO AS THEY'RE, AS THEY'RE, AS THEY'RE RE SUBDIVIDED.
AS THEY'RE READ SUBDIVIDED, LOT ONE ACTUALLY HAS, I THINK MORE THAN 50 FEET, UM, FACING 38TH STREET AND THEN LOT TWO ON THAT SECOND PAGE IS CUT OFF.
BUT IF YOU LOOK AT THE PAGE WITH A PURPLE ON IT, LOT TWO IS FACING LIBERTY AND THAT 50 FEET, I DON'T KNOW, MAYBE IT'S TOO SMALL AND YOU'LL, CAN'T SEE IT, BUT THERE'S A, I DON'T KNOW IF HE'S THERE TO ZOOM IN OR SOMETHING, BUT THERE'S A ORANGE LINE RUNNING FROM, UH, TOP TO BOTTOM FOR LOT TWO AND LOT TWO IS, UH, THAT'S THAT'S CAUSING THE PROBLEM A LOT TO IT.
THEY'RE THEY'RE ORIENTED DIFFERENT WAY.
TWO IS FACING LIBERTY AND LOT TWO'S FRONTAGE IS ON LIBERTY.
SO IT HAS TO BE 50 FOOT WIDE THAT THEN CREATES THE LAW ONE THAT IS NOW THAT LOT.
ONE IS ACTUALLY IT'S BACKLOT LINE IS LOT TO SIDE LOT LINE.
SO THE BACKLOT LINE FOR UNIT, UH, NOT UNIT ONE, BUT FOR LOT ONE IS THAT'S WHERE THE 10 FOOT COMES INTO PLAY.
THAT'S A THEATER IN POINT THAT CLEARS IT UP FOR ME.
UM, I DON'T SO MUCH HAVE A HUGE PROBLEM WITH THIS, EXCEPT THAT I HAVE, I'M HAVING TROUBLE WITH YOUR HARDSHIP, UM, BECAUSE WE ARE BOUND BY CERTAIN LEGAL DEFINITIONS OF WHAT WE, WHAT OUR FUNDINGS HAVE TO BE.
UM, UM, I'M HAVING TROUBLE FINDING YOUR HARDSHIP BECAUSE YOU'RE DRAWING THESE LINES.
UM, YEAH, THERE'S A HOUSE THERE, BUT YOU HAVE THE ABILITY TO DRAW YOUR LINES ANYWHERE.
LIKE I SAID, I'M NOT NECESSARILY OPPOSED TO THIS VARIANCE.
I JUST I'M BOUND BY CERTAIN RULES.
THERE'S FINDINGS THAT WE HAVE TO HAVE.
AND ONE OF THOSE FINDINGS CANNOT INCLUDE A SELF-IMPOSED HARDSHIP.
AND SO, UM, UM, MAYBE MR. VAUGHN OLIN CAN HELP ME WITH, UH, I WAS ACTUALLY THINKING THE SAME THING THAT, YOU KNOW, EVEN IF SHE SHIFTS ONE PROPERTY, THEN THE OTHER ONE'S IMPACT EITHER WAY.
SHE GOES, IT'S JUST, AND I DON'T THINK IT'S, AGAIN, THAT I SAID IT WAS A DIMINIMOUS REQUEST, BUT I WAS, AS I WENT BACK AND LOOKING THROUGH IT, IT I'M, I'M IN THE SAME BOAT.
YOU ARE IN BROOKLYN, THE HARDSHIP ISN'T QUITE THERE, OR THE WORDING OF THE HARDSHIP ISN'T QUITE THERE.
I KNOW MELISSA CAN GET VERY CREATIVE.
I TEND TO BE A LITTLE BIT MORE NARROW IN MY INTERPRETATION.
SO I DON'T THINK THAT WE'RE AS MUCH OPPOSED AS WE ARE BOUND BY CERTAIN RULES THAT I CAN'T RIGHT NOW, I CAN'T MAKE THIS VARIANCE FIT INTO THOSE RULES OR LEGAL DEFINITIONS.
SO, UM, IF SOMEBODY HAS ANY SUGGESTIONS JUST TO CLARIFY, SO WE DON'T GRANT THE VARIANCE, THEY CAN'T SUBDIVIDE THE BLOCK, CORRECT? CORRECT.
THEY CAN'T SUBDIVIDE IT THE WAY THAT THEY'VE PROPOSED AND, AND, AND, AND DO ANYTHING WITH, WITH LAW ONE OR TWO, THAT'S THE THING.
AND THEN THEY COULD BUILD AN 80 YOU BACK THERE, BUT HE'D STILL BE ALL ONE PROPERTY.
THEY CAN STILL BUILD A SECOND UNIT ON THE ONE PROPERTY, BUT THE THING IS WE STILL, BUT WE STILL HAVE TO FOLLOW OUR RULES, WHICH WE HAVE TO FIND A LEGAL HARDSHIP.
[01:40:01]
NOT NECESSARILY LEGAL.WE HAVE LEGAL BOUNDARIES OF WHAT A HARDSHIP CAN BE AND NOT BE THEY'RE VERY CLEARLY LAID OUT AND SELF-IMPOSED IS NOT ONE OF THOSE, WHETHER WE APPROVE OF THE PROJECT OR NOT, WE STILL ARE BOUND BY WHAT WE HAVE TO BY OUR FINDINGS.
AND SO I'M JUST TRYING TO SEE IF SOMEBODY HAS A HARDSHIP THAT I HAVEN'T SEEN THAT CAN HELP US OUT HERE.
MAYBE DARYL MACARTHUR FIRST ACTION.
UM, I'M HERE WITH NO, ACTUALLY HANG ON JUST ONE SECOND.
MACARTHUR BOARD MEMBER MACARTHUR.
I WAS JUST SCRATCHING MY CHIN BOARD MEMBER.
YOU KNOW, I'M LOOKING AT THIS.
AND I THINK THAT, THAT, I THINK WE'RE BOUND BY, YOU KNOW, TH THE FACT THAT YOU CAN'T HAVE THIS BE A SELF-IMPOSED HARDSHIP.
AND, AND REALLY WHAT WE'VE HEARD IS WE NEED THE VARIANCE, KEEP THE HOUSE THERE, BUT THAT'S NOT, THAT'S NOT NECESSARILY TRUE.
THE HOUSE IS GOING TO STAY THERE.
AND AS A PRACTICAL MATTER, DEPENDING ON WHAT THEY WANT TO DO WITH THE BALANCE OF THE LOT AFTER IT'S THREE SUBDIVIDED AND ALL THAT, IT MIGHT NECESSITATE DOING SOMETHING DIFFERENTLY.
BUT MAYBE, YOU KNOW, IF WE HAD MORE CLARITY ABOUT WHAT THE INTENTIONS ARE REGARDING THE SECOND LOT, YOU KNOW, MAYBE IT DOESN'T NEED TO BE ORIENTED TOWARD LIBERTY STREET, OR MAYBE THERE NEEDS TO BE AN EASEMENT OVER LOT ONE TO GET THE LOT TO FROM 38TH STREET.
AND MAYBE IT DOESN'T NECESSARILY NEED TO BE 50 FEET WIDE ALONG LIBERTY STREET, DEPENDING UPON WHAT THEY'RE GOING TO PUT ON THE LOT TOO.
BUT I THINK THERE ARE SOME OPTIONS, BUT FOR ME, THE ISSUE IS, YOU KNOW, THEY'RE PROPOSING TO DO SOMETHING AND WHAT THEY'RE PROPOSING IS WHAT IS CAUSING THE HARDSHIP.
AND I JUST DON'T THINK LEGALLY WE CAN, WE CAN GRANT A VARIANCE BASED ON THAT AD.
SO, UM, UH, THE APPLICANT WITH LISA AND SO, UM, UH, SEE THINGS.
SO ACCORDING TO THE SUBDIVISION ROLES, THERE'S NO WAY TO KEEP THE HOUSE AND DO THE, AND TO THE SUBDIVISION, BUT TO BE CLEAR, UM, THERE'S NO BLOCKAGE FOR THE SUBDIVISION.
LIKE IF WE DON'T GET THIS VARIANCE, OUR ONLY OPTION AND SUCH OUT ON THE HOUSE, WHICH WE'LL DO WOULD JUST RATHER NOT.
AND THEN SECOND FOR THE, SORRY, I DON'T THINK THERE WAS ACTUALLY A QUESTION THERE WAS THERE A BOARD MEMBER 'CAUSE, THAT'S, THAT'S WHERE I WAS GOING TO GO WITH IT.
IT'S THE WORDING OF YOUR HARDSHIP.
AND IT, MY LIGHT JUST TURNED ON THE PLACEMENT OF THE HOME AND EVEN THE PLACEMENT OF IT, AND THIS IS GOING TO BE, THIS IS STRETCHING IT IN OUR LEGAL THAT WE CURRENTLY HAVE.
NOW IT'S ALREADY PUT ME IN THE CORNER OVER HERE.
SO, YOU KNOW, I COULD HAVE TO BE VERY CAREFUL.
UM, THE PLACEMENT OF THE HOUSE COULD BE THE PREVENTION OF WHAT'S ALLOWING YOU TO SUBDIVIDE THE LOT, WHICH, WHICH COULD BE THE CAUSE OF THE HARDSHIP, BUT YOU WOULD HAVE TO FIND A WAY TO WORD THAT IN HERE.
I, I REALLY DON'T LIKE THE IDEA OF YOU HAVING TO, I KNOW YOU CAN DEMO THE HOME AND BUILD SOMETHING ELSE ON IT.
AND THAT, THAT WOULD PROBABLY BE YOUR ONLY OTHER OPTION WITHOUT THE VARIANCE, BUT THE PLACEMENT OF THE HEART, THAT PLACEMENT OF THE HOUSE PROHIBIT YOU FROM ACQUIRING THAT ADDITIONAL FOOT THAT IS REQUIRED ALSO BY ORDINANCE, IN ORDER TO REDEVELOP THE HOUSE AND BUILD TWO ADDITIONAL HOMES.
I THINK IF YOU WERE ABLE TO FIND A WAY TO REWORD YOUR, YOUR HARDSHIP CREATIVELY IN THAT MANNER, I'M NOT PREPARED TO DO IT.
UH, I THINK YOU WOULD, YOU'RE NOT REALLY FINDING A LOT OF OPPOSITION UP HERE ON THE BOARD.
IT'S JUST A MATTER OF GETTING THERE BECAUSE ALL YOU'RE ASKING FOR IS A FOOT.
SO MY RECORD, WHAT I'M GOING TO DO IS I'M GOING TO MAKE A MOTION TO POSTPONE, TO GIVE YOU AN OPPORTUNITY, TO INVESTIGATE A WAY THAT YOU CAN WORD YOUR HARDSHIP BETTER THAN WHAT YOU'VE GOT HERE.
UH, SO THAT WE CAME, UH, YOU KNOW, KEEP SOME OF THE AREA OF CHARACTER AND KEEP THAT EXISTING HOME THERE, BUT YOU'LL NEED TO FIND A WAY, AND I CAN'T GIVE YOU THE ANSWER TO, UM, USE THE PLACEMENT OF THE HOME AND THE REQUIREMENT.
WE, WE CANNOT ALSO AGREE, CANNOT USE THE REQUIREMENTS OF THE ZONING ORDINANCE AS A HARDSHIP EITHER.
SO YOU'RE GOING TO BE WALKING A FINE LINE.
SO, SO I HAVE A, I HAVE A QUESTION THOUGH, BECAUSE THE GARAGE IS ALREADY WELL
[01:45:01]
INTO THE SETBACK ALREADY, RIGHT? UH, TH THAT GARAGE IS GOING TO GO AWAY.THAT'S GOING TO BE A SEPARATE LAW.
THAT GARAGE HAS NOTHING TO DO WITH THIS CASE.
ONCE THE GARAGE GOES AWAY, NO, NO LONGER.
SO TO SPEAK, IT'S GONNA BE A, IT'S GONNA BE AN EMPTY LOT.
AND I WAS TRYING TO FIGURE OUT A WAY OF USING THE 50 FOOT REQUIREMENT.
BUT, BUT, BUT AS MICHAEL JUST SAID, YOU CAN'T USE REQUIREMENTS OF THE CODE.
SO IT'S NOT THAT WE'RE AGAINST THIS.
WE JUST ARE BOUND BY CERTAIN LEGAL PARAMETERS.
AND THAT'S WHY I HOPE THEY CALL HER, WAS LISTENING TO WHAT I WAS SAYING.
IT'S IN THE WORDING AND THE PLACEMENT OF THE HOME PROHIBITS FROM BEING ABLE TO ACQUIRE THE NEED IT'S WHATEVER 50, THE DISTANCE IT'S NEEDED IN ORDER FOR THE OTHER LOT ON THE OTHER PROPERTY.
BUT THEY NEED TO WORD THAT I CAN'T DO THAT FOR THEM BECAUSE I'M GETTING EYES ALREADY.
UM, I, AND THIS COMES UP A LOT WHERE PEOPLE COME TO US TO SEE WHAT WE WILL DO BEFORE THEY GET TOO FAR ALONG IN, IN, YOU KNOW, THEIR PROJECT, WHAT THEY WANT TO DO.
AND IT SEEMS LIKE THAT'S WHAT'S HAPPENED HERE, UH, WHICH IS FINE, BUT IT RAISES AN ISSUE FOR ME BECAUSE THE ISSUE IS, UM, WHAT ARE WE REQUIRED TO FIND, TO GRANT A VARIANCE? AND CAN WE LEGALLY MAKE A FINDING, YOU KNOW, OR OKAY.
WE BASE A VARIANCE ON THE FACT THAT WHAT THEY ARE PROPOSING TO DO IS SUBDIVIDE.
AND THEN AS SUBDIVIDED, THE, THE LAW THAT WE'RE TALKING ABOUT, OR AT LEAST THE BALANCE OF THE LOT, WHICH I GUESS WOULD BE LOT ONE WITHIN BE ENCROACHING.
AND I GUESS THAT'S, THAT'S THE QUESTION THAT I HAVE, I GUESS, IS DON'T THEY NEED TO JUST RE SUBDIVIDE AND THEN COME TO US LATER.
UH, BECAUSE I DON'T KNOW THAT, THAT WE CAN EVEN TAKE THAT INTO CONSIDERATION.
I WOULD ASK IS ISN'T THAT SUBJECTIVE? THAT'S KIND OF LIKE OUR JOB TO DECIDE WHAT IS, WHAT ISN'T A HARDSHIP, WHAT SOMEONE CAN OR CAN'T.
WELL, WE CAN'T DECIDE SOME HARDSHIPS, SOME HARDSHIPS JUST AREN'T ALLOWED.
I MEAN, YOU KNOW, THERE'S OPTIONS THAT THEY GO AHEAD AND SEND TO BUY, OR THEY LOOK TO DOING A SUB STANDARD LOT WITH, OR SOMETHING LIKE THAT.
THEY'D HAVE TO GO DOWN TO 40 FEET OR, YOU KNOW, OR WHATEVER.
THEY HAD TO GO DOWN TO 48 FEET.
WHAT WOULD HAPPEN IS THEY WOULD, IF THEY GOT THE CITY TO ALLOW THEM TO SUBDIVIDE IT.
AND THEN WHEN THEY WERE COMING TO BUILD ON THE EXISTING, THE NEW LOT, THEY WOULD ASK FOR THAT ONE FOOT YES.
THE OTHER THING IS, IF ANYBODY ON THE PREVIOUS LOT WANTS TO REMODEL, THEY'RE GOING TO HAVE TO COME AND ASK FOR THAT FOOT BECAUSE IT'S ENCROACHING.
SO THAT'S, THAT'S THE ONLY OTHER OPTION I SEE.
OTHER THAN FINDING HARDSHIPS THAT THEY WOULD HAVE TO GO AND GET THE CITY TO ALLOW THEM TO RESUB DIVIDED AS IS.
AND THEN WHEN THEY GO TO START BUILDING, THEY'RE GOING TO HAVE TO COME AND ASK US FOR WELL OR, UM, SUBDIVIDE IT AND GO AHEAD AND PUT THAT EXTRA FOOT IN AND ASK US FOR THE FOOT ON THE NEW LIGHT.
WELL, AND IT DOESN'T MAKE, IT DOESN'T SEEM TO MAKE A LOT OF SENSE TO, TO JUSTIFY THE VARIANCE AS THE SETBACK IS ONLY GOING TO BE BETWEEN THESE TWO, THE INTERIOR LINE BETWEEN THESE TWO LOTS, BECAUSE OWNERSHIP IS GOING TO STAY THE SAME.
AND IF OWNERSHIP IS GOING TO STAY THE SAME, THERE ARE WAYS TO PUT AN ADDITIONAL DWELLING UNIT ON THIS, ON THIS PROPERTY WITHOUT SUBDIVIDING.
SO, UH, BOARD MEMBER MACARTHUR, UM, I WAS GOING TO SAY, THIS IS A VERY LARGE LOT, BUT THERE ARE CREATIVE WAYS.
AND THE WIDTH OF THE PROPERTY WOULD MAINTAIN IF THE ADDRESS ON 38TH.
SO I AGREE THAT THIS IS NOT THE RIGHT TIME, AND THIS IS NOT THE RIGHT REASON.
IT, I THINK THAT, YOU KNOW, WE'RE NOT AGAINST BETTER USE OF THIS PROPERTY IN THE MIDDLE OF TOWN, BUT, UM, I DO THINK IT IS STATE LAW THAT SAYS THAT HARDSHIP CAN NOT BE SELF-INFLICTED.
IT'S JUST NOT A DECISION THAT WE GET TO MAKE.
BUT REMEMBER, I WAS JUST GOING TO SUGGEST THAT ONE REASON WHY WE POSTPONED THIS THE FIRST TIME AROUND WAS BECAUSE OF HAE ISSUES ASSOCIATED WITH THE REAR PROPERTY LANGUAGE, I ASSUME IS THE REAR OF THE NEW LOT.
UM, I DON'T KNOW IF THERE'S ANYTHING THERE THAT MIGHT SUPPORT A HARDSHIP, BUT THEY THOUGHT I WOULD MENTION IT.
[01:50:01]
OKAY.SO WE DO HAVE A MOTION TO POSTPONE MADE BY BOARD MEMBER VINE OLIN.
IS THERE A SECOND, SECOND BY BOARD MEMBER FAILING, UH, BOARD MEMBER OF AN OWNER'S THAT TO JULY 11TH? YES.
AND I WOULD LIKE TO ASK THE CALLER IF THEY'D BEEN TAKING NOTES AND PAYING ATTENTION TO THIS BECAUSE THAT'S COMING NEXT MONTH.
I WON'T REMEMBER WHAT THE HECK I DID.
UM, THERE WERE SOME THINGS ABOUT, CAN TRY TO TELL YOU ALL, BUT I DIDN'T WANT IT AROUND.
I DON'T KNOW IF I'M ALLOWED TO TALK OR, AND NOT, NOT, NOT AT THIS POINT.
I WOULD SAY YOU TAKE, TAKE WHAT YOU CAN FROM THE SUGGESTIONS.
IF YOU MISSED ANYTHING, FEEL FREE TO REWATCH THE VIDEO.
I MEAN, I WAS GOING TO CLARIFY ABOUT THE RULES ABOUT THE VARIANTS AND WHATNOT.
LIKE, WE CAN'T GET A SUBDIVISION DONE UNLESS WE DEMO THE HOUSE OR GET THE VARIANCE.
SO I CAN'T GET IT LATER AFTER WE'VE SUBDIVIDED IS WHAT I WAS TRYING TO, UNTIL I WANTED TO SAY, THANKS.
WE'RE GONNA GO AHEAD AND CALL THE QUESTION.
NOW THIS IS A MOTION TO POSTPONE TO JULY 11TH, 2022 MADE BY BOARD MEMBER OF ON OLIN, SECONDED BY BOARD MEMBER BAILEY, TOMMY JEANS.
THIS HAS BEEN POSTPONED TO JULY 11TH.
THANKS SO MUCH ON TO ITEM EACH OR ITEM OUR PART, EACH OF THE AGENDA
[H-1 Discussion of the May 9, 2022 Board activity report]
ITEM, EACH ONE DISCUSSION OF THE MAY 9TH, 2022 BOARD ACTIVITY REPORT MELISSA'S GOT HERE.SO I'M JUST GOING AHEAD AND SAY FUCKING JOB, GUYS.
ANY OTHER COMMENTS OR DISCUSSION? NO, IT LOOKS GOOD.
[H-2 Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP).]
I'D UM, EACH TO DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION SENT TO COUNSEL FOR THE BLA APPLICANT ASSISTANCE PROGRAM.I, UH, CONTACTED THE CITY STAFFER.
WHO'S BEEN KIND OF CHAMPIONING THROUGH THE PROCESS EARLIER TODAY AND RECEIVED AN EMAIL AT C 5:05 PM.
AND WHAT I WAS TOLD IS THAT HE'S LEARNED THAT THE RESPONSE FOR SOME REASON IS STILL PENDING APPROVAL, AND THAT HE'S GOING TO CONNECT WITH THE ASSISTANT CITY MANAGER'S OFFICE TOMORROW MORNING TO SEE WHAT NEEDS TO BE DONE FOR THIS TO GET OVER THE FINISH LINE.
I WILL FOLLOW UP WITH THIS TOMORROW AND GIVE EVERYBODY AN UPDATE EITHER VIA EMAIL OR AT THE NEXT MEETING, REALLY HAVE MY FINGERS CROSSED THAT THIS IS FINALLY DONE, BUT THE FUNDING'S THERE.
WE'RE JUST GETTING THEM TO SIGN OFF AND GET IT STARTED.
YEAH, THIS IS YOU'VE REALLY BEEN DOGGED ON THIS ONE.
I'M PATIENT OR JUST WHATEVER, GET IT OVER THE LINE.
[H-3 Update from the Working Group to review and propose changes to BOA Appeals (including, but not limited to, process and fees.) Discussion and possible action by the Board based on the Working Group update. (Working group: Barbara Mcarthur, Darryl Pruett and Kelly Blume)]
BUT KEY ITEM EACH THREE, UH, AN UPDATE FROM THE WORKING GROUP TO REVIEW A PROPOSED CHANGES TO THE BLA APPEALS PROCESS, INCLUDING, BUT NOT LIMITED TO PROCESS AND FEES, UH, DISCUSSION AND POSSIBLE ACTION BY THE BOARD BASED ON THE WORKING GROUP UPDATES.SO, UH, WORKING GROUP MEMBERS, DO YOU HAVE AN UPDATE? HOW HAVE Y'ALL MET? WE HAVE NOT AT THIS POINT.
UM, I CAN SAY IT'S, IT'S, IT'S BEEN MY FAULT IN TRYING TO, UH, TO GET EVERYBODY TOGETHER AND KIND OF FIGURE OUT THE SCOPE OF WHAT WE WOULD LIKE TO DO.
I HAVE BEEN, I'VE BEEN JUST BURIED AT WORK, TRYING TO PREPARE FOR A TRIAL, WHICH NOW HAS BEEN PUT OFF.
SO I THINK WITHIN THE NEXT COUPLE OF WEEKS, WE'LL BE ABLE TO AT LEAST HAVE, UH, SOME CONVERSATIONS AND HAVE SOME MORE SUBSTANTIVE, UH, UH, THINGS TO REPORT AT OUR NEXT MEETING.
AND, UH, FEEL FREE TO CONTACT EACH OTHER THROUGH YOUR CITY EMAILS, OR YOU CAN TEXT CALL, MAKE SURE YOU ALL HAVE EACH OTHER'S CONTACT INFORMATION SO YOU CAN GET TOGETHER.
[H-4 Discussion and possible action regarding review of attendee policies]
EACH FOR DISCUSSION[01:55:01]
AND POSSIBLE ACTION REGARDING WHERE WE HAVE ATTENDANCE POLICY, THAT'S A TYPO.UH, I JUST WANTED TO BRIEFLY ADDRESS, UH, ATTENDANCE, WHICH HAS BEEN A LITTLE BIT OF AN ISSUE OVER THE PAST YEAR.
WE'VE HAD TO CANCEL A FEW MEETINGS BECAUSE WE COULDN'T MAKE A QUORUM FOR OUR SUPER MAJORITY, AT LEAST JUST A REMINDER.
I KNOW WE'RE ALL REALLY, REALLY BUSY AND WE HAVE VERY FULL SCHEDULES, BUT IT'S ONE NIGHT A MONTH.
PLEASE DO TRY TO MAKE IT IF YOU CAN.
UM, I UNDERSTAND THERE ARE ILLNESSES.
I UNDERSTAND THERE ARE LIFE EMERGENCIES, BUT THAT'S WHY WE TRY TO SCHEDULE THESE A YEAR IN ADVANCE.
JUST SO THESE FOLKS AREN'T KEPT WAITING TO HAVE THEIR CASES HEARD.
AND I DON'T REALLY THINK ANY ACTION NEEDS TO BE TAKEN.
IT JUST SOMETHING I'M WANTING TO MENTION.
IT'S A REMINDER, PLEASE TRY H FIVE.
ARE THERE ANY ANNOUNCEMENTS? MADAM CHAIR? YES.
I'M ALREADY BEST ON A GUN TODAY.
I DON'T KNOW WHY TOO MUCH COFFEE, NO ANNOUNCEMENTS.
[H-6 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests]
AGE SIX, THEN DISCUSSION OF FUTURE AGENDA, NEW BUSINESS ITEMS, STAFF REQUESTS, AND POTENTIAL SPECIAL, SPECIAL CALLED MEANINGS AND OUR WORKSHOP REQUESTS.SO REMINDER TO EVERYONE, UH, ABOUT THE SPECIAL CALLED MEETING FOR AN INTERPRETATION APPEAL FOR JULY, PLEASE CHECK YOUR CITY EMAIL.
THIS ONE I THINK IS PROBABLY GOING TO BE A LITTLE LONGER THAN THE LAST ONE.
I WAS A LITTLE SURPRISED HOW QUICKLY IT WENT LAST TIME, BASED ON MY PREVIOUS EXPERIENCES WITH INTERPRETATION APPEALS.
SO MADAM CHAIR ON ITEM MADE SIX.
ONE OF THE THINGS IS ALSO THE WORKSHOP REQUESTS AND WE'VE HAD QUITE A FEW PEOPLE JOINED THE BOARD HERE IN THE PAST YEAR OR SO, AND DUE TO COVID AND OTHER ISSUES WE'VE NEVER REALLY HAD ONE OF THE WORKSHOP, YOU KNOW, ORIENTATION TYPE OF IN-PERSON TRAINING.
AND IN THE, WHERE I'M GOING WITH THIS IS IN THOSE WHEN THEY HAVE THAT WORKSHOP AND THAT IN-PERSON TRAINING THAT'S USUALLY WHEN EVERYBODY WAS, IS GIVEN THE CODE BOOK.
I KNOW A LOT OF PEOPLE HAVE SEEN MELISSA CARRY HER ZAN.
MY, I KEEP MINE AT HOME, BUT IT'S THE BIG CODE BOOK THAT HAS ALL OF THE ZONING AND EVERYTHING THAT WE HAVE TO OPERATE BY THAT WE REVIEW.
WE HAVE A VERY COMPLICATED, UH, SPECIAL CALLED MEETING COMING UP FOR AN INTERPRETATION.
AND I DON'T KNOW IF IT'S POSSIBLE TO GET THE MEMBERS WHO HAVEN'T, I DON'T MEAN TO PUT ANY WORK ON, ON STAFF OR ANYTHING.
I DON'T KNOW WHERE THEY WOULD GET THOSE FROM THE BIG BINDER THAT WE GIVE WITH ALL THE CODES.
UM, IF, IF IT'S POSSIBLE TO GET THOSE TO THE MEMBERS OR, YOU KNOW, MY CONCERN IS THOSE, THOSE BOOKS CARRY MUCH MORE DETAILED THAN SOME OF THE STUFF THAT WE CAN FIND, YOU KNOW, JUST GOING ONLINE AND GOOGLING UP WITH WHAT THE HELL.
I THINK THERE'S STILL A RESTRICTION ON PRINTING PAPER BECAUSE OF COVID.
YEAH, I WAS JUST GOING TO MENTION, BECAUSE IT'S ONLINE, THEY'RE PROBABLY GONNA SAY CHECK MUNI CODE.
THE LAND I'M LIKE WHO IT'S ALL ON THERE, BUT IT'S JUST A MATTER OF, I MEAN, I EVEN HAVE TROUBLE BECAUSE WE DON'T HAVE CODE BOOKS ANYMORE, SO I HAVE TROUBLE MANEUVERING IT, BUT IT'S THERE, YOU JUST GOT AND THAT, AND THAT'S WHERE I WAS GOING.
AND ELAINE, THANK YOU VERY, VERY MUCH FOR, FOR BEING SO HELPFUL FOR VOLUNTEERING TO, TO SEND IT.
I KNOW IT'S MORE STUFF ON YOUR PLATE.
I KNOW THIS ISN'T YOUR WHOLE LIFE.
YOU'VE GOT A EIGHT TO FIVE THAT YOU'RE CONSTANTLY ON THE GRINDSTONE WITH.
BUT, UM, THE REASON BEING IS BECAUSE THE 25, LIKE THE WHOLE CHAPTER, WELL, BASED UPON WHAT WE'RE GOING TO BE INTERPRETING.
SO IT'LL, I MEAN, IT'S GOING TO HAVE EVERYTHING.
DASH 2 25 DASH 6 25 DASH 10, WHICH ASSIGNS.
IT'S JUST MANEUVERING THROUGH HAVING SOMEBODY WHO WORKS IN IT EVERY DAY VERSUS US.
I MEAN, ME, I'M GLAD I GOT THE BOOK.
I'LL BE LOOKING IT UP, YOU KNOW, BUT IT MAY TAKE ME AN HOUR TO LOOK IT UP.
WELL, THAT'S WHY LIKE, UM, AND YOUR NOTICES WHEN I KNOW THAT A LOT OF YOU DON'T KNOW HOW I'M GOING TO, I ALWAYS TRY MY BEST TO PUT THAT SECTION OF THE CODE FOR YOU GUYS TO HAVE SO HELPFUL.
YEAH, BECAUSE THERE'S INTERPRETATION CASE EVER THAT WE'RE COMING UP AGAINST IS GOING TO BE A COMPLICATED OH, YESTERDAY.
SO SORRY FOR BAPTISM BY FIRE FOLKS.
BUT SO Y'ALL, Y'ALL BE READY FOR THIS ONE.
I DON'T THINK WE'RE GOING TO BE WRAPPING THIS ONE UP IN 45 MINUTES.
LIKE THE LAST ONE IT'S GOING TO BE THE 13TH, JULY 13TH, UH, BOARD MEMBER MACARTHUR.
DID YOU HAVE A QUESTION? YEAH.
I JUST HAD A COMMENT FOR THIS ONE WHERE THE SPECIAL MEETING WE'RE GOING TO HAVE ON THIS OTHER CASE, I
[02:00:01]
THINK IT WOULD BE USEFUL FOR CITY STAFF TO CITE THE RELEVANT SECTIONS OF THE CODE FOR US TO STUDY.I'M FINE WITH READING THE CODE ONLINE, BUT AS YOU KNOW, SOME THINGS ARE SPREAD OVER MANY DIFFERENT SECTIONS AND THEY'RE NOT ALL IN ONE PLACE, UH, OF BLAME.
IS THAT SOMETHING YOU, YOU WOULD BE WILLING TO TAKE ON, UH, EMAILING OUT TO THE BOARD, UH, THE RELEVANT PARTY, UH, NOTICE I'M SURE.
UM, UPPER MANAGEMENT IS GOING TO BE WORKING ON THIS CAUSE THIS IS THEIR CASES THAT THEY WORK WITH.
AND REMEMBER BARBARA, WE GET A PRESENTATION FROM STAFF, FROM CITY STAFF ON THIS ONE.
BUT WHAT I WOULD LIKE IS IF CITI LEGAL, WHOEVER'S DOING IT COULD SEND US SOMETHING BEFORE THE MEETING SO WE CAN STUDY IT BEFORE WE GET THERE.
UH, IT WAS VERY LAST MINUTE ON THE, AT THE LAST INTERPRETATION APPEAL.
SO I'D LIKE TO GET SOMETHING WE CAN ASK, BUT I DON'T THINK WE CAN FORCE THEM TO DO IT.
UH, MAYBE WE COULD NUDGE OUR, OUR COUNCIL, OUR BOARD COUNCIL TO, I MEAN THE STAFF AND I CAN, I MEAN, ALL I CAN DO IS TELL HIM, LIKE, CAN YOU PLEASE SEND THIS ASAP? LIKE, I MEAN, THAT WAS THE PROBLEM LAST MONTH.
THEY DIDN'T GET IT TO ME IN TIME AND Y'ALL GOT IT LATE AND I HAD TROUBLE LOCATING IT FOR YOU GUYS BECAUSE BY THE TIME I GOT IT, UM, SO ALL I CAN DO IS ASK THEM, BUT THAT'S ALL I CAN DO.
AND ALSO HAVE WE, UH, RESERVED THE BULLPEN FOR, UH, EXECUTIVE SESSION POTENTIAL.
DON'T KNOW THAT WE'LL NEED IT, BUT WHAT'S TELL ACTUALLY I DON'T THINK WE DID BECAUSE WE NEVER RECEIVED A SPOT RESPONSE FROM LEGAL.
WE'LL TALK ABOUT THAT ONE AFTER.
CAUSE THAT'S NOT REALLY NEW BUSINESS, RIGHT? YEAH.
UH, ANYTHING ELSE FUTURE? I'M SORRY.
UH, WHAT, WHAT TIME DID WE FINALLY CHOOSE FOR THAT ONE? WAS IT FIVE 30 OR SIX? IT'S.
SO AGAIN, THAT'S JULY 13TH, FIVE O'CLOCK CITY HALL, BUT WE'LL ALSO HAVE THE VIRTUAL OPTION.
ANY OTHER NEW BUSINESS ITEMS. OKAY.
WHILE I'M STANDING, LIKE IT SAID A MAN, WHEN YOU SEE YOUR WHOLE LIFE TURNING OUT, NOTHING LIKE YOU EVER SEEN A PLAN THAT THERE'S ALWAYS ANOTHER DAY, BUT ANYHOW, THAT'S THE ONLY WAY IT'S BETTER JUST TO LEARN THAT WHILE YOU CAN, WHEN WOULD SHE SAY, OR WOULD SHE GO WITH THE GIRL LIKE THAT? YOU NEVER KNOW WHAT'S GOING ON IN HER HEART.
AND THE SAME WITH JAN, YOU GUESS SHE MADE